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No application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Building and Grounds Committee.
(Ord. passed 8-4-86)
(A) No permit for the installation of ground mounted solar panels shall be issued unless the City Council of the City of Polo has granted a permit for such.
(B) Any property owner or other authorized person or entity (“applicant”) who desires to place ground mounted solar panels in the City of Polo, must petition the Zoning Board of Appeals and request a special use permit. This section applies to all zoning classifications in the city.
(C) The “use” of ground mounted solar panels shall be classified as an “accessory use”.
(D) The following shall be required considerations for the ZBA and the City Council when deciding whether to grant or deny an applicant’s petition:
(1) Ground mounted solar panels should only be permitted when roof mounting is not feasible.
(2) The height of the panels must not exceed ten feet from the ground.
(3) The panels must meet setback requirements as established elsewhere in the Code of Ordinances and must be located in the rear yard only and must be located at least ten feet from any residence.
(4) The Board should consider whether the panels will create a reflective glare which may be objectionable to neighboring properties.
(5) At the public hearing on a petition for a special use permit, the Board may consider such other factors as deemed relevant to the Board.
(6) The property owner must present a plan acceptable to the Board and the City Council for decommissioning the ground mounted solar panels when their useful life ends and in the event that the special use permit is terminated as provided in the Code of Ordinances. If the solar service is out of service or not producing electrical energy for a period of 12 months, it will be deemed nonoperational and decommissioning and removal of that service will need to commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the service and restoration of the land shall be prepared by a professional engineer or contractor who has expertise in the removal of the solar panels and service with said cost to be the property owner’s responsibility. The decommissioning cost shall be made by cash, surety bond, escrow account, or irrevocable letter of credit before installation commences. Further, a restoration plan shall be provided for the site with the application. The decommissioning plan shall have the following provided:
(a) Removal of the following within six months:
1. All solar panels/collectors and components, above ground solar-related improvements, and outside storage related to the solar system.
2. Foundations, pads and underground electrical wires; reclaim site to a depth of not less than five feet below the surface of the ground.
3. Hazardous material from the property and dispose of same in accordance with federal and state law.
(b) The decommissioning and restoration plan shall also recite an agreement between the applicant and the city that:
1. The financial resources for decommissioning shall be in the form of a surety bond, escrow account, or other acceptable form of funds approved by the Mayor following consultation with the City Council, the City Clerk and the City Treasurer.
2. A written agreement will be prepared which establishes upon what conditions the funds will be disbursed.
3. The city shall have access to the account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within six months of the end of project life or facility abandonment.
4. If the property owner does not complete the decommissioning and restoration plan, the city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.
5. The city is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the city's right to seek reimbursement from applicant or applicant successor for decommissioning costs in excess of the amount deposited in the account and to file a lien against any real estate owned by the applicant or applicant’s successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce said lien.
6. The terms of the decommissioning plan shall be binding upon the owner/operator and any of their successors, assigns, or heirs.
7. Financial provisions are not intended to be so onerous as to make solar power projects unfeasible.
(c) The owner shall provide the city with a new estimate of the cost of decommissioning the solar energy project every five years. Salvage value of structures, electrical wire, and other appurtenances shall be considered within the cost estimate calculations. Upon receipt of the new estimate, the city will have the right to require a new financial plan for decommissioning acceptable to the city. Failure to provide an acceptable financial plan shall be considered a cessation of operations.
(E) For all solar energy projects for the generation of electricity (i.e., not limited to ground mounted solar panels) in the City of Polo, the service must comply with all applicable codes adopted by the City of Polo.
(Ord. 22-03, passed 4-18-22)
ADULT USES
(A) The Polo City Council finds that sexually oriented businesses are associated with high crime rates in certain areas; deteriorated commercial and residential areas; depreciation of property values in the area; and dramatic changes in the character of the neighborhood when more than one sexually oriented business is operating in a given area.
(B) It is the intent of regulating adult uses to protect the public health, safety and welfare of the community by limiting the deleterious effects of sexually oriented businesses on the use and enjoyment of property in adjacent areas.
(Ord. 08-20, passed 12-15-08)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” or an establishment with a segment or section devoted to the sale or display of such
materials; or an establishment that holds itself out to the public as a purveyor or such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which:
(1) Features topless dancers, strippers, “go-go” dancers, male or female impersonators, lingerie or bathing suit fashion shows;
(2) Not infrequently features entertainers who display “specified anatomical areas;” or
(3) Features entertainers who by reason of their appearance manner which is designed primarily to appeal to the prurient features entertainers who engage in, or are engaged in “specified sexual activities.”
ADULT MOTION PICTURE THEATER. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
ADULT SAUNA. An establishment or place primarily in the business of providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT USE. Adult bookstores, adult entertainment cabarets, adult motion picture theaters, adult saunas, massage parlors and other similar uses.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in the state of sexual stimulation or arousal; acts or simulated acts of human masturbation, sexual intercourse, bestiality, oral copulation or sodomy;
(2) Actual or simulated touching, caressing, or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;
(3) Actual or simulated display of breasts, buttocks, pubic hair, anus, vulva or genitals; and
(4) Display of moving pictures or photographic slide presentations depicting acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation or any other sexual acts as defined herein.
(Ord. 08-20, passed 12-15-08)
Adult uses should be prohibited in all areas of the city except they may be located in an area zoned as M-1 (if in compliance with all provisions of the M-1 zone and these requirements), subject to the following:
(A) No adult use shall be located within 1,000 feet of any property that is zoned or used for:
(1) Residences;
(2) Churches or other religious institutions;
(3) Schools;
(4) Parks or recreational facilities;
(5) Amusement parks;
(6) Forest preserves;
(7) Hotels, motels or bed and breakfasts;
(8) Childcare or daycare centers;
(9) Convalescent homes;
(10) Nursing homes;
(11) Hospitals or other health clinics;
(12) Federal, state, county, city or other governmental offices;
(13) Supermarket or convenience food markets;
(14) Sit down or fast food restaurants.
(B) No adult use shall be located within 2,000 feet of any other adult use.
(C) No adult use shall be permitted to operate within 300 feet of the right-of-way line of Illinois Route 26.
(D) Vehicular access to an adult use shall be from a public street or private drive that is interior to, or within the manufacturing development. No direct access to an adult use shall be allowed from any collector or arterial street that has frontage along a manufacturing development or district in which an adult use is proposed to be located.
(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999
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