(A) Purpose and intent. The purpose and intent of this section is to establish guidelines for the construction and placement of above ground service facilities in the city; to encourage the location of above ground service facilities in non-residential areas and minimize the total number of above ground service facilities throughout the city; encourage users of above ground service facilities to locate them, to the greatest extent possible, in areas where the adverse impact is minimal; to encourage users of above ground service facilities to configure them in a manner that minimizes the adverse visual impact; and to provide the owners of above ground service facilities the ability to provide such services to the city.
(B) Applicability. No above ground service facility shall be erected or installed except in compliance with the provisions of this section. Above ground service facilities located on property owned, leased or otherwise controlled by the city shall be exempt from the requirements of this section; provided that a lease, franchise, license or other written agreement is entered to authorize such above ground service facilities. Where conflicts exist between this section and the remaining of this chapter, the provisions of this section shall govern.
(C) Building permit requirements. A building permit shall be required prior to the installation of any above ground service facility. Applications for a building permit for an above ground service facility shall include, in addition to other requirements under Chapter 150 of this Code, the following documents:
(1) A spotted survey, drawn to scale, of the lot upon which the above ground service facility is to be constructed, showing thereon all existing buildings and structures; the location, size and type of easements on the property, and the proposed location of the above ground service facility, including written dimensions of the distances between the above ground service facility and the lot lines and structures on the lot.
(2) Plans and specifications for the installation of the above ground service facility, including engineering plans, electrical plans, structural elevations and plans for concrete pad construction, including any required footings.
(3) Landscape plan, including details and elevations of required screening, in accordance with division (F) of this section.
(4) Information concerning the size of the proposed above ground service facility, its proximity to residential district boundaries, the nature of uses on adjacent properties, surrounding topography, design elements that would have the effect of reducing or eliminating visual impact.
(D) Location restrictions. The following restrictions on the location of above ground service facilities shall apply:
(1) Location in yards. Above ground service facilities may be located in required side or rear yards in all zoning districts; provided that they shall be located a minimum of three feet from any side lot line and five feet from any rear lot line.
Above ground service facilities may be located in required front yards in all zoning districts on any lot used for nonresidential purposes; provided that a special use shall be required as provided in division (H) of this section, and further provided that above ground service facilities shall be located a minimum of five feet from any front lot line. Above ground service facilities are prohibited in the front yard of any lot used exclusively for residential purposes.
(2) Location related to adjacent uses. Above ground service facilities located on a lot with a nonresidential use shall not be constructed in a required yard that abuts a residential use. Above ground service facilities located on a lot with a multiple-family residential use shall not be constructed in a required yard that abuts a single-family residential use.
(3) Location on easements and stormwater facilities or spillways. Above ground service facilities shall not be located on any easement without the express written permission of all parties to whom the easement is granted, and documentation of such consent shall be submitted to the Director of Community and Economic Development with the application for a building permit. Above ground service facilities shall not be located in stormwater detention facilities or over spillways.
(4) Location in buildable area. Above ground service facilities shall not be located in the buildable area between the principal structure and the front yard line on a lot with a residential use. Above ground service facilities shall not be located in the buildable area between the principal structure and the front yard line on a lot with a nonresidential use, unless a special use is granted in accordance with division (H) of this section, and the above ground service facility is screened in accordance with division (F) of this section.
(5) Location in relation to other above ground service facilities. No above ground service facility shall be located within a radius of 250 feet of any existing or approved above ground service facility. The Director of Community and Economic Development may administratively waive this restriction if it is determined, after consultation with an independent technical expert as provided in division (I) of this section, that no other site or current technology could be used to provide the intended services to the city and requiring compliance with the separation requirement would create a gap in the ability to provide the intended services to the city.
(6) Location as to bulk regulations. For purposes of determining whether the installation of an above ground service facility complies with the bulk regulations for the zoning district in which it is located, including but not limited to yard, lot size and lot coverage requirements, the dimension of the entire zoning lot shall control, even though the above ground service facility may be located on leased property within such zoning lot.
(E) Other restrictions. The following additional restrictions shall apply to above ground service facilities:
(1) Number of above ground service facilities. Only one above ground service facility shall be located on any zoning lot.
(2) Maximum height and size of above ground service facilities. Above ground service facilities shall be no more than six feet in height, and no more than six feet in any one dimension, with a footprint no greater than 36 square feet.
(3) Signage. No signage, advertising or information shall be allowed on or above any above ground service facility, except for lettering that is no more than four inches by six inches to identify the service entity.
(4) Lighting. No visible or audible signals, lights or other illumination shall be permitted on an above ground service facility.
(5) Colors and compatibility with buildings and structures. All above ground service facilities shall be of earth tone colors, and shall be maintained in good condition, including, but not limited to, being maintained free of any peeling paint, rust and graffiti. When included as part of an existing building or structure, such facilities shall be of a material or color which matches the exterior of the building or structure and shall be located or screened in an aesthetically acceptable manner so as not to be visible from the adjacent properties or rights-of-way. The determination as to whether any such facility meets this standard shall be made by the Director of Community and Economic Development.
(6) Abandonment. In the event that the use of any above ground service facility has been discontinued for a period of 180 consecutive days, the above ground service facility shall be deemed abandoned. Determination of the date of abandonment shall be made by the Director of Community and Economic Development, who shall have the right to request documentation from the service entity regarding the use of the above ground service facility. Upon the Director of Community and Economic Development’s determination and written notification to the service entity of such abandonment, the service entity shall either reactivate the use of the above ground service facility, transfer the use of such above ground service facility to another service entity that makes actual use of the facility, or dismantle and remove the above ground service facility and notify the Director of Community and Economic Development thereof in writing, within 90 days after such notice.
(7) Storage on site. No storage of any mobile or immobile equipment not used in direct support of an above ground service facility shall be permitted on the site of such facility, except while repairs are being made to such facility.
(8) Backup generators on site. Backup generators for any above ground service facility shall only be operated during power outages and for testing and maintenance purposes, and noise attenuation measures shall be included to reduce noise levels. Testing and maintenance operations shall take place only between the hours of 7:00 a.m. and 6:00 p.m.
(F) Landscaping and screening. The following landscaping and screening shall be required for all above ground service facilities:
(1) Wall or fence. On lots with multiple-family uses, an above ground service facility shall be enclosed with a masonry wall or solid fence. Fences shall be constructed of commercial grade wood or comparable weather proof and wind resistant materials.
(2) Screening. Above ground service facilities that exceed six feet in height by special use, as provided in division (H) of this section, shall be completely enclosed with sight-proof metal screening with an even, finished appearance free of projections and protrusions, or within a completely enclosed building of a design, color and materials that are compatible with the principal structure. The design, construction materials and color of all screening shall be subject to the approval of the Director of Community and Economic Development.
(3) Landscaping. In addition to the screening required hereunder, landscaping shall be provided, which shall consist, at a minimum, of large shrubs planted three feet apart around the perimeter of the above ground service facility and the screening; provided that if the above ground service facility exceeds six feet in height by variation, the required landscaping shall consist of evergreen shrubs or trees that are a minimum of eight feet in height and spaced four feet apart.
(4) Maintenance of landscaping. All landscaping shall be given appropriate care and maintenance to keep the trees and plantings alive and in good condition at all times. Diseased or dead plant material shall be replaced, including, but not limited to, replacement of all trees or plantings that are not in a vigorous condition after one growing season at the beginning of the next growing season.
(G) Administrative procedures. The following administrative procedures shall apply to the permitting of above ground service facilities:
(1) Administrative approvals. The Director of Community and Economic Development may administratively approve any above ground service facility that meets the location and screening requirements of this section and building permit requirements, and does not violate any other restrictions hereof.
(a) The Director of Community and Economic Development shall approve, approve with such conditions as may be deemed necessary to minimize the adverse impact of the use on surrounding properties, request additional information, or deny each application for an above ground service facility within 30 days after receiving it. If the Director of Community and Economic Development does not respond to any application within such 30 days, or such additional time as is reasonably necessary to obtain additional information from the applicant and review it, the application shall be deemed to be denied without any writing as required in division (G)(1)(b) hereof.
(b) Any denial of administrative approval, other than denial by operation of law through any inaction of the Director of Community and Economic Development as provided in division (G)(1)(a) hereof, shall be in writing and shall state the basis for such denial. If an administrative approval is denied, the applicant may appeal such denial in accordance with the provisions of § 156.026 concerning appeals of administrative decisions.
(1) Application. The information required for a building permit in division (C) of this section shall be provided as part of the application for a special use for an above ground service facility.
(2) Standards. In considering an application for a special use, the Planning and Zoning Commission and City Council shall consider the standards for a special use as provided in § 156.024, and shall also consider the following:
(a) The size of the proposed facility;
(b) The proximity of the proposed facility to residential district boundaries;
(c) The nature of the uses on adjacent properties;
(d) The surrounding topography;
(e) The nature of the proposed screening and landscaping; and
(f) The design of the proposed facility, with particular reference to design characteristics that will have the effect of reducing or eliminating visual impact.
(3) Notwithstanding a finding that the above ground service facility does not meet the requirements of this section, a special use may be recommended by the Planning and Zoning Commission and approved by the City Council based on the foregoing standards and considerations. In recommending and approving such a special use, the Planning and Zoning Commission and the City Council may, respectively, impose reasonable conditions as they may deem necessary to minimize the adverse impact of the use on surrounding properties.
(I) Independent technical expert. The Director of Community and Economic Development is explicitly authorized to employ an independent technical expert to review any technical materials submitted with respect to any application for a permit or a special use for any above ground service facility, including, but not limited to those required pursuant to the requirements of this section. The service entity making application shall pay all reasonable costs for such review, including administrative costs incurred by the city, and such costs shall be deemed reasonable if they are consistent with the hourly rates customarily charged by technical experts within the engineering industry in the Chicagoland area. Any confidential or proprietary information submitted by the service entity, which would be protected under the Illinois Freedom of Information Act (ILCS Ch. 5, Act 140, §§ 1, et seq.) shall remain confidential and shall be deemed exempt from disclosure under the Illinois Freedom of Information Act.
(J) As-built plan. Upon completion of the construction and placement of an above ground service facility, an as-built plan shall be submitted to the Director of Community and Economic Development, meeting the same requirements as for the spotted survey as provided in division (C)(1) of this section to depict the lot and all improvements, including the above ground service facility as constructed.
(Ord. 07-38, passed 2-26-08; Am. Ord. 22-24, passed 8-23-22)