§ 5.3. USE AND PERFORMANCE STANDARDS
5.3.1
Residential Use Performance Standards
Performance standards for residential uses are applicable irrespective of whether or not work takes place on the property associated with the use.
A.
Two Family (Duplex)
A duplex, in the RE, R1, R2, R3, and R4 Districts is permitted only when designated at the time of platting.
B.
Live/Work
1.
A residential unit used as both living accommodation, which includes cooking space and sanitary facilities in conformance with applicable building standards; and adequate working space accessible from the living area, reserved for, and regularly used by, one or more persons who reside in the unit.
2.
Direct internal access between the living and working space is required.
3.
At least one full-time employee shall reside in the unit. The living space shall not be rented separately from the working space. The business activity occupying the live/work unit may utilize employees in addition to residents as necessary.
4.
Each live/work unit shall have a primary entrance from the street. In the Warehouse Form District, each live/work unit shall have a primary entrance from the street or common courtyard or atrium.
5.
The working space within a live/work unit shall be considered accessory and shall not trigger occupancy separations within that unit.
6.
Work space within a live/work unit may be used as an office, studio, gallery, or for artisanal production involving the use of hand tools and small-scale, light mechanical equipment.
7.
Within the Warehouse Form District, retail sales of articles produced/manufactured on-site, are allowed [regardless of story.]
C.
Group Care Facility and Family Care Facility
No group occupancy permitted with administrative approval (see 2.5) shall be approved by the Zoning Administrator unless they find all of the following standards are met:
1.
The number of residents complies with requirements of this development code.
2.
The parking requirements as set by this development code have been met.
3.
The proposed use is not within 600 feet of another existing group occupancy that requires a use with administrative approval, or one which has obtained a use permitted with approval or special use in lieu of a use with administrative approval. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed use to the property line of the existing use.
4.
In order to ensure that the structure and rooms are used as originally designed and intended, the proposed use will not require or include structural alterations as that term is defined in the Building Code adopted by the City.
5.
The structure meets the requirements of the City's housing, building and fire codes as set forth in the Code of the City of Peoria or the codes adopted by reference.
6.
Users and occupants have received any and all required approvals from other governmental bodies which permits use of the premises in conformance with the approval for which they have applied.
7.
For group occupancy there shall be a minimum of 120 square feet of bedroom space for every two residents for residential uses. In determining the number of people in any group occupancy, the Zoning Administrator shall assume that no more than two persons will occupy any bedroom.
8.
For group occupancy, the property owner or agent shall inform occupants of the property in writing either in a written lease or by a sign prominently posted at the property that the occupants shall not park in other than the provided off-street parking from midnight to 6:00 a.m.
9.
Any group occupancy required by law to obtain a license from the state or its subdivisions for family care facilities and group care has received a license permitting it to operate from the relevant governmental body and a permit or approval document for the specific address indicating the specific address is approved and identifying the number of residents included in that approval.
10.
Group Care Facilities and Family Care Facilities that do not meet the above standards for administrative approval can be approved as special uses through the special use approval procedures (See 2.9).
D.
Apartment
Apartments developed in residential districts shall not exceed the density of the applicable zoning district. Except in the B1, Downtown Commercial District, apartments developed in non-residential zoning districts shall not exceed the density of 15.02 dwelling units per acre.
5.3.2
Civic Use Performance Standards
Performance standards for civic uses are applicable irrespective of whether or not work takes place on the property associated with the use.
A.
Child Care Home
Child care homes shall be approved through administrative approval (See 2.5.9) by the Zoning Administrator as long as they find all of the following standards are met:
1.
Outdoor Play Area
Every child care home shall have outdoor open space for a play area which shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access to children to neighboring properties traffic or other hazards. A fence or barrier previously erected by a neighboring property owner shall not be relied upon to satisfy this requirement unless a written agreement of such owner authorizing such use is filed with the Zoning Administrator. Off site open space for a play area may be substituted for on site open space provided that the substitution conforms to all applicable state and local statutes, ordinances and regulations.
2.
Recreational Devices
No recreational device shall be located within the required side yard of a lot abutting residential property.
B.
Day Care Center
A day care center shall not be housed in an accessory structure.
C.
Minor Utilities
1.
The erection, construction, alteration, or maintenance by public utilities, municipal departments or commissions, of overhead, surface or underground gas, electric, steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such for the public health, safety, or general welfare, shall be exempt from the regulations of this development, except for the following:
a.
The installation shall conform to Federal Communications and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
b.
Landscaping, screening and yard requirements for the buildings and structures shall be determined by the Development Review Board and location within a Transitional Buffer Yard must be approved by the Zoning Administrator pursuant to the alternative compliance process.
2.
The installation shall not be exempt from the regulations of the Historic Preservation Board when such installation is constructed within the area of jurisdiction of the Historic Preservation Board.
D.
Wireless Telecommunication Facility
1.
Overall Policy and Desired Goals for Special Use Permits and Administrative Review for Wireless Telecommunications Facilities
In order to ensure that the placement, construction, and modification of Wireless Telecommunications Facilities is consistent with the City's health, safety, public welfare, environmental features, and protecting the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this Ordinance, while also enabling the provision of the wireless services that the community relies upon, the City hereby adopts an overall policy with respect to a Special Use Permit and Administrative Review for Wireless Telecommunications Facilities for the express purpose of achieving the following goals:
a.
Striking a balance between the interests of the telecommunication service providers, the consumers of those services and the City of Peoria.
b.
Promoting and encouraging, wherever possible, the sharing and/or collocation of Wireless Telecommunications Facilities among service providers to minimize the need to construct new telecommunication structures.
c.
Minimizing adverse visual impacts of telecommunication installations through careful design, siting, landscape screening and innovative camouflage techniques.
d.
Encourage the location of telecommunication installations in non-residential areas.
e.
Create clear, fair, and objective approval criteria for towers and accessory structures.
f.
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, located, and removed when no longer used or determined to be structurally unsound.
2.
Applicability
a.
Except as otherwise provided by this Ordinance, the regulations of 5.3.2 D shall apply to all telecommunication installations in the City of Peoria.
b.
All wireless communication facilities in local historic districts or on local landmarks require a Certificate of Appropriateness through the Historic Preservation Commission prior to approval per this section.
c.
The following shall be exempt from this Ordinance:
1)
The City's fire, police, department of transportation or other public service facilities owned and operated by the local government.
2)
Over-the-Air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that are less than one (1) meter in diameter in residential districts and less that two (2) meters in diameter in nonresidential districts and receive and transmit fixed wireless signals that are primarily used for reception.
3)
Facilities exclusively for private, non-commercial radio and television reception and private citizen's bands, licensed amateur radio and other similar non-commercial telecommunications; with an antenna height not exceeding district height limitations by more than ten (10) feet.
4)
Facilities exclusively for providing unlicensed spread spectrum technologies (such as Wi-Fi and Bluetooth) where the facility does not require a new tower or increase in height of the existing tower.
5)
All legally permitted Wireless Telecommunications Facilities, constructed as permitted, existing on or before the effective date of this Ordinance shall be allowed to continue as they presently exist, provided however, that any increase in tower height or area of the tower facilities will require the complete facility and any new installation to comply with this Ordinance.
6)
Repair and replacement of telecommunication equipment located in an equipment cabinet or building and replacement of exterior telecommunication equipment or antennas with components that are similar in size, appearance, and number, and located within the existing boundary of the wireless facility.
d.
Co-location on existing towers or other structures or Distributed Antenna System (DAS) in non-residential zoning districts. The City, as opposed to the construction of a new tower, shall prefer locating on existing towers or others structures. The City shall encourage such use by permitting collocations in non-residential districts, which results in a height increase of less than ten (10) percent of the existing support structure. Collocations on towers in residential districts established prior to December 13, 2016, that result in no height increase, can be processed administratively through the Development Review Board. An application, pursuant to 5.3.2.D.3 below, for administrative review through the Development Review Board is required for an increase in the height of the structure and/or an increase in the boundary of the equipment compound. Only one administrative approval may be granted for a height increase not to exceed ten (10) percent. Such shared use shall consist only of the minimum Antenna Array technologically required to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.
e.
Telecommunication installations which are not exempt or co-locations, shall require a Special Use approval and are subject to the provisions and procedures of 2.9 Special Uses of this Ordinance.
3.
Application Process
Applications shall include the following:
a.
There shall be a pre-application meeting with Zoning Administrator and/or designee. The purpose of the pre-application meeting will be to address issues that will help to expedite the review and permitting process. A pre-application meeting may also include a site visit.
b.
If proposed on a city-owned site, a lease agreement.
c.
Site plan drawn to scale showing the location of the telecommunications facility in relation to surrounding structures.
d.
If co-locations, a written report addressing the construction specifications and a structural analysis.
e.
Building elevations and floor plans for installation of the wireless equipment facility.
f.
Required application fee as stated in 2.14 Fees.
g.
Scaled architectural drawing of the tower and or antenna installations. If a new tower, the applicant shall furnish pictorial representations of "before and after" (photo simulations) views from key viewpoints visible to a large number of visitors, travelers or residents including adjacent streets. The key viewpoints will be mutually agreed upon at the pre-application meeting. The applicant shall provide a map showing the locations of where the pictures were taken and distance from the proposed structure.
h.
A landscape plan drawn to scale showing the size, number, and type of planting, and fencing for the proposed site.
i.
If a new tower, a list of applicant's existing telecommunication installations located in the City of Peoria and within two miles of the city limits shall be provided. This list should identify the location, height and design of each installation. This list may be shared with other applicants applying to construct, install or alter telecommunication facilities.
j.
The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This would require an executed copy of the lease with the landowner or landlord or a signed letter acknowledging authorization. In addition, the application must also be signed by the owner of the property upon which the tower or antenna is to be located, giving authorization of the Special Use application. If the applicant owns the site, a copy of the ownership record is required.
k.
The applicant shall include a statement in writing:
1)
That the applicant's proposed Wireless Telecommunications Facilities shall be maintained in a safe manner, and in compliance with all conditions of the Special Use Permit, without exception, unless specifically granted relief by the City in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable city, state and federal laws, rules, and regulations.
l.
For a new Wireless Telecommunications Facilities, the applicant must demonstrate that no existing tower or alternative tower structure can accommodate their proposed antenna. This shall include the following information. In evaluating such circumstances, the City may employ the services of a consulting expert, the expense of which shall be compensated to the city by the applicant as stated in Section 5.3.2.D.6.
1)
Copies of written requests and responses for shared use shall be provided to the City in the application, along with any letters of rejection stating the reason for rejection.
2)
A descriptive statement of the objective(s) for the new facility or modification including and expanding on a need such as coverage and/or capacity requirements.
3)
Documentation that demonstrates and proves the need for the Wireless Telecommunications Facility to provide service primarily and essentially within the City.
4.
Installation Criteria
All new towers and co-locations must adhere to the following:
a.
Tower and antenna Location. Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless Telecommunications Facilities in accordance with the following priorities, (1) being the highest priority and (5) being the lowest priority:
1)
Collocation on existing towers or other structures, or a Distributed Antenna System (DAS), on non-residentially zoned property.
2)
A new tower on properties in areas zoned for Industrial and Institutional Use or publicly-owned properties;
3)
A new tower on properties in areas zoned for commercial, office, central business district, agricultural, and parking use;
4)
A new tower or collocation on existing towers or other structures, or a Distributed Antenna System (DAS), on residentially zoned property.
If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.
An applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the City why collocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of Commercial Impracticability or hardship.
Notwithstanding the above, the City may approve any site located within an area in the above list of priorities, provided that the City finds that the proposed site meets the standards for a Special Use as noted in Section 2.15.h and is in the best interest of the health, safety and welfare of the City and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the City may disapprove an application for any of the following reasons:
1)
Conflict with safety and safety-related codes and requirements;
2)
Conflict with the historic nature or character of a neighborhood or historical district;
3)
The use or construction of Wireless Telecommunications Facilities which is contrary to an already stated purpose of a specific zoning or land use designation;
4)
The placement and location of Wireless Telecommunications Facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers;
5)
Conflicts with the provisions of this Ordinance.
b.
Tower and Antenna Height. No tower, other than alternative tower structures, shall exceed 180 feet in height. No antenna or other telecommunication devise shall extend more than 20 feet above the highest point of the tower or alternative tower structure (e.g., building, water tower, electric pole etc.). Tower height shall be measured from the ground level to the highest point of the tower.
c.
Setbacks. All proposed towers and any other proposed Wireless Telecommunications Facility structures, except those located adjacent to residential properties, shall comply with the setback provisions for principal building structure of the zoning district in which they are located. Towers and any other proposed Wireless Telecommunications Facility structures which are adjacent to residential properties must be setback a minimum of 50 feet from parcels zoned residential. In no instance shall a tower or accessory structure be less than ten (10) feet from any property line.
d.
Tower and Antenna Design. Towers and antennae shall be galvanized and/or painted with a rust-preventive paint of an appropriate color as determined by the Zoning Administrator and/or designee to harmonize with the surroundings and shall be maintained in accordance with the requirements of this Ordinance. The utilization of stealth or concealment designs may be required by the City to further harmonize with the surrounding neighborhood.
e.
Lighting. No tower or antenna shall be artificially illuminated unless required by the FAA. If lighting is required, applicant shall provide a plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
f.
Signs. Wireless Telecommunications Facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
g.
Accessory Building/Structure Design. When provided, equipment facilities and accessory buildings shall be designed with brick, stone, and/or decorative block materials and reflect the design of buildings within the surrounding area.
h.
Equipment Facility Enclosure. An equipment facility enclosure is required and must be constructed masonry, brick, or aluminum fence materials. Type and color of fence material must be compatible with the existing character of the site and neighborhood. Fence enclosures must be solid in design, and a minimum of 6 feet and maximum of 8 feet in height, as needed to effectively screen the equipment.
i.
Landscaping. The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view, by a combination of required enclosure and landscaping, the base and all related equipment and structures of the proposed Wireless Telecommunications Facility or collocation of antennas. Equipment shelters shall be landscaped and maintained with a buffer of plant materials that screens the view of the shelter from adjacent street and/or residential properties. The standard buffer shall consist of a planted area at least ten (10) feet wide outside the perimeter of the fence surrounding the equipment shelter.
j.
Building Codes and Safety Standards. All utilities at a Wireless Telecommunications Facilities site shall be installed underground whenever possible and in compliance with all Laws, Ordinances, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
All Wireless Telecommunications Facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the city, state, or United States, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.
k.
In the case of a new tower, the applicant shall be required to
1)
Examine the feasibility of designing the proposed tower to accommodate future demand for at least four (4) additional commercial applications, with Antenna Arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is Commercially Impracticable or creates an unnecessary and unreasonable burden, based upon:
(i)
The foreseeable number of FCC licenses available for the area;
(ii)
The kind of Wireless Telecommunications Facilities site and structure proposed;
(iii)
The number of existing and potential licenses without Wireless Telecommunications Facilities spaces/sites;
(iv)
Available space on existing and approved towers.
2)
The owner of a proposed new tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other Wireless service providers in the future, and shall:
(i)
Respond within 60 days to a request for information from a potential shared-use applicant.
(ii)
Negotiate in good faith concerning future requests for shared use of the new tower by other Telecommunications providers.
(iii)
Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the Tower or equipment to accommodate a shared user without causing electromagnetic interference.
(iv)
Failure to abide by the conditions outlined above may be grounds for revocation of the Special Use Permit following a review by the City Manager or designee.
l.
All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility will be sited so as to minimize visual intrusion as much as possible, given the facts and circumstances involved and will thereby have the least adverse visual effect on the environment and its character and on the residences in the area of the Wireless Telecommunications Facility.
m.
At a Telecommunications Site, an access road, turn-around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. All road use for ingress or egress to the wireless telecommunications facility must be constructed of a hard surface. Gravel is prohibited.
n.
A holder of a Special Use Permit granted under this Ordinance shall obtain, at its own expense, all permits and licenses required by applicable Law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant.
o.
The holder of a Special Use Permit shall notify the Zoning Administrator of any intended modification of a Wireless Telecommunication Facility and shall apply to the Zoning Administrator to modify, relocate or rebuild a Wireless Telecommunications Facility. Such modification shall be processed as an amendment to the Telecommunications Special Use according to the requirements of 2.9 Special Uses of this Ordinance.
5.
Security of Wireless Telecommunications Facilities
All Wireless Telecommunications Facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. A description of proposed security measures shall be provided as part of any application to site, construct, install or modify installations. Additional measure may be required as a condition of the issuance of any building permit as deemed necessary by the city.
6.
Retention of Expert Assistance and Reimbursement by Applicant
The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any site inspections, the expense for which shall be compensated to the City by the applicant.
7.
Public Hearing and Notification Requirements for Special Use Permits
a.
Prior to the approval of any application for a Special Use Permit for Wireless Telecommunications Facilities, a Public Hearing shall be held by the Planning and Zoning Commission, pursuant to Section 2.9 of this Ordinance.
b.
There shall be no Public Hearing required for an application to collocate on an existing tower or other structure or a modification at an existing site, where the height increase is less than ten (10) percent of the existing tower or support structure. Administrative review of the proposed collocation or modification shall be conducted by the Development Review Board upon receipt of a complete application and application fee.
c.
The City shall schedule the Public Hearing referred to in subsection (1) of this section once it finds the Application is complete, the City, at any stage prior to issuing a Special Use Permit, may require such additional information as it deems necessary.
8.
Action on an Application for a Special Use Permit or Administrative Review for Wireless Telecommunications Facilities
a.
The City may refer any Application or part thereof to any advisory, other committee or commission for a non-binding recommendation.
b.
After the Public Hearing and after formally considering the Application, the City may approve, approve with conditions, or deny a Special Use Permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the granting of the Permit shall always be upon the applicant.
9.
Performance Security
The applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall, at its cost and expense, be jointly required to execute and file with the City a bond, or other form of security acceptable to the City as to type of security and the form and manner of execution, in an amount of at least $25,000.00 for a tower facility and $10,000.00 for a collocation on an existing tower or other structure and with such sureties as are deemed sufficient by the City to assure the faithful performance of the terms and conditions of this Ordinance and conditions of any Special Use Permit issued pursuant to this Ordinance including but not limited to removal of the tower facility and antennae as required per 5.3.2.D.13. The full amount of the bond or security shall remain in full force and effect throughout the term of the Special Use Permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original Special Use Permit.
10.
Reservation of Authority to Inspect Wireless Telecommunications Facilities
In order to verify that the holder of a Special Use Permit for Wireless Telecommunications Facilities and any and all lessees, renters, and/or licensees of Wireless Telecommunications Facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, Laws, Ordinances and regulations and other applicable requirements, the City may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.
11.
Liability Insurance
a.
A holder of a Special Use Permit for Wireless Telecommunications Facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Special Use Permit in amounts as set forth below:
1)
Commercial General Liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;
2)
Automobile Coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;
3)
Workers Compensation and Disability: Statutory amounts.
b.
For a Wireless Telecommunications Facility on City property, the Commercial General Liability insurance policy shall specifically include the City and its officers, Councils, employees, committee members, attorneys, agents and consultants as additional insureds.
c.
The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A.
d.
The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.
e.
Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.
f.
Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no case later than fifteen (15) days after the granting of the Special Use Permit, the holder of the Special Use Permit shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts.
12.
Indemnification
a.
Any application for Wireless Telecommunication Facilities that is proposed for City property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City, and its officers, Councils, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising there from, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.
b.
Notwithstanding the requirements noted in subsection (1) of this section, an indemnification provision will not be required in those instances where the City itself applies for and secures a Special Use Permit for Wireless Telecommunications Facilities.
13.
Removal of Wireless Telecommunications Facilities
a.
Under the following circumstances, the City may determine that the health, safety, and welfare interests of the City warrant and require the removal of Wireless Telecommunications Facilities:
1)
Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding ninety (90) consecutive days or a total of one hundred-eighty (180) consecutive days in any three hundred sixty-five (365) day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within ninety (90) days;
2)
Permitted Wireless Telecommunications Facilities fall into such a state of disrepair as determined by an inspection and engineering analysis that it creates a health or safety hazard;
3)
Wireless Telecommunications Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Special Use Permit, or any other necessary authorization and the Permit may be revoked if not cured within ninety (90) consecutive days.
b.
Upon notification, the owner and operator of such tower shall remove it from the telecommunications facility within ninety (90) days. If the owner fails to remove the antenna, tower, or any other structure within that time, the City may remove the antenna, tower or any other structure at the owner's and operator's expense. In the event that the cost of removals is not paid, the City may assess the cost of such removal against the property upon which the telecommunications facility is located.
c.
Whenever a tower is removed from a telecommunications facility, the remainder of the site shall be restored to its pre-existing conditions and all building, equipment and other devices accessory to the tower shall be removed from the site.
14.
Relief
a.
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this Ordinance may request such, provided that the relief or exemption is contained in the submitted Application for either a Special Use or Administrative Permit, or in the case of an existing or previously granted Special Use or Administrative Permit a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the City, its residents and other service providers.
15.
Enforcement
Any person who violates any provision of the section shall be subject to a penalty as detailed in 2.15 of this code. If a violation is not corrected to the satisfaction of the City in a reasonable period of time, the Special Use or Administrative Permit is subject to revocation.
16.
Adherence to State and/or Federal Rules and Regulations
a.
To the extent that the holder of a Special Use or Administrative Permit for Wireless Telecommunications Facilities has not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Special Use or Administrative Permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.
b.
To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Special Use or Administrative Permit for Wireless Telecommunications Facilities, then the holder of such a Special Use or Administrative Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
E.
Parks and Open Spaces
1.
Passive recreational parks shall adhere to the following standards:
a.
The park does not include any activities which may have the potential for greater nuisance to adjacent properties due to noise, light, glare, or odor.
b.
Any proposed structures are in compliance with the zoning district bulk regulations.
c.
The park does not include any off-street accessory parking lots.
d.
The park is less than 10 acres in size.
e.
Parks that do not meet the above standards for administrative approval shall be approved through the Special Use approval procedures (see 2.9).
2.
Active recreational parks are subject to the following approval process:
a.
Applications for active recreation parks are subject to Development Review Board approval. Site plans must show all site features, including but not limited to, location of structures or activities, lighting, fencing, and parking.
b.
For active recreation parks located in a residential zoning district, the Zoning Administrator shall mail notices of the proposed active recreation park to all properties within 250 feet of the proposed park. The notice shall state that the preliminary approval granted shall become final if no interested party files a written objection to the requested park within ten days of the date of the notice. All written objections must state the basis for the objection to the requested active recreation park.
c.
In the event the owner or occupant of any property located within 250 feet of the subject property files a written objection to the proposed active recreation park with the Zoning Administrator within the allowed time, the active recreation park shall not receive final approval and will then be subject to Special Use process, as outlined in Section 2.9. A separate application for a special use would then be required.
F.
Reserved
G.
Community Gardens and Urban Farms
1.
Community Garden: Community gardens have been found to be a viable use of vacant land for the cultivation of crops by community groups and individuals. The purpose of this ordinance is to ensure that community garden areas are appropriately located and protected to meet needs for local food production, community health, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment on sites for which urban gardens represent the highest and best use for the community.
a.
Community Gardens shall not require zoning approval; however, the following performance standards apply:
i.
Approval: Consent of the property owner is required.
ii.
Size: Community gardens shall be limited to less than 1 acre in size.
iii.
Setbacks: No setback is required for the planting area, associated fence, or raised garden beds less than 3 feet in height; however, garden and associated structures shall not obstruct visibility from a driveway to an abutting street or vice versa.
iv.
Accessory structures: Accessory structures/storage structures, including trellises, raised planting beds 3 feet or taller in height, benches, covered trash receptacles, hoop houses limited to 250 square feet, one greenhouse (limited to 250 sq. ft.), one seasonal farm stand (limited to 120 sq. ft.), and one storage shed (limited to 120 sq. ft.) shall be permitted on the site. Accessory structures must meet the applicable district setback requirements and height requirement of 14 feet. If placed behind the principal structure on the adjacent lot, the setback for an accessory structure in a rear yard shall be applied (1.5 feet from the rear property line and 1.5 feet from the side property line). Accessory structures and storage buildings may not occupy more than 10% of the community garden site.
v.
Fences: Fences shall not exceed 4' in height and may be placed on the property line. Chain link is permitted but wire fences are prohibited. If the community garden use is abandoned, the fence must be removed.
vi.
Signage: One (1) non-illuminated sign not exceeding four (4) square feet in area and five (5) feet in height shall be permitted.
vii.
Composting: Must be in a container, limited only to the materials generated on site and must be used on site.
viii.
Animals or livestock: The keeping of animals or livestock is prohibited.
ix.
Maintenance: The garden shall be properly maintained throughout the year with weekly mowing of grassy areas, weekly removal of weeds and grasses from the garden, weekly collection of rotting vegetables and fruit from the garden area, and weekly collection of all garbage and debris deposited on the site. At the end of each growing season annual vegetation shall be cut down and the site shall be properly maintained at the end of the season.
2.
Urban Farm: The purposes of the Urban Farm regulations are to support the local economy and increase access to fresh local produce; strengthen the health and social fabric of communities by encouraging and supporting Urban farms; and support efforts to build more complete and sustainable local food production and distribution systems.
a.
Urban Farms require zoning approval through the special use process in a residential zoning district and through the Development Review Board in non-residential districts where the use is permitted, per Section 5.2. No fee is required for a special use for an urban farm. The following standards apply:
i.
In residential districts, mechanized equipment, similar in scale to that designed for household use, shall be permitted. Use of larger mechanized farm equipment is generally prohibited; provided, however, that during the initial preparation of the land heavy equipment may be used to prepare the land between 7:00 a.m. and 7:00 p.m.
ii.
Structures are subject to the location, size, and height requirements of the zoning district in which the structure is located. For residentially zoned parcels, if placed behind the principal structure on the adjacent lot, the setback for an accessory structure in a rear yard shall be applied (1.5 feet from the rear property line and 1.5 feet from the side property line). Storage structures for urban farms, in residential districts, are not limited to 1,092 square feet; however, the size and location must be such as to minimize impacts on neighboring properties and is subject to special use review. Permitted Urban Farm structures to support the urban farming operation include, but are not limited to, hoop houses, farm stands, greenhouses, shipping containers for storage or growing, and sheds.
iii.
Accessory retail sales are permitted subject to approval. Location should be such that it has minimal impact on adjacent residential properties.
iv.
Shipment and delivery of products or supplies shall be limited to between 7:00 a.m. and 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles normally used to serve residential neighborhoods.
v.
Urban farm lighting shall not exceed ½ footcandle, as measured at the property line, and shall be down lit away from residential properties and public streets in such a way as not to create a nuisance. Lighting that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other property shall be prohibited.
vi.
Any equipment or supplies needed for garden operations shall be enclosed or otherwise screened from the street and any adjacent residential uses.
vii.
Fences: Fences shall not exceed 4' in height and may be placed on the property line. Chain link is permitted but wire fences are prohibited. If the Urban Farm use is abandoned, the fence must be removed.
viii.
The farm shall be properly maintained throughout the year with weekly mowing of grassy areas, weekly removal of weeds and grasses from the garden, weekly collection of rotting vegetables and fruit from the garden area, and weekly collection of all garbage and debris deposited on the site. At the end of each growing season annual vegetation shall be cut down and the site shall be properly maintained at the end of the season.
ix.
Composting: Must be in a container, limited only to the materials generated on site and must be used on site.
x.
Keeping of animals is prohibited.
H.
Bee Keeping
The purpose of these standards are to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.
1.
Bee keeping shall not require zoning approval; however, the following performance standards apply:
a.
Hives. Hives densities may not exceed 4 hives per 10,000 square feet of lot area. All honey bee colonies shall be kept in hives with movable frames, which shall be kept in sound and usable condition. Hives shall be operated and maintained per this Ordinance, and Illinois State Law.
b.
Signage. Each hive shall be conspicuously marked with the owner's name, address, telephone number; in addition to state requirements.
c.
Location and Setback. Apiaries and hives are permitted in all zoning districts. All hives shall be located in the side or rear yard only, at least five feet from any adjoining property with the back of the hive facing the nearest adjoining property. On undeveloped lots, the required district front yard setback must be observed. Setbacks, spacing and orientation must be indicated on a site plan, with 2 feet by 3 feet per hive. No setbacks are required on rooftops.
d.
Screening and Fencing for Flyways. The beekeeper shall establish and maintain a flyway barrier at least 6 feet in height consisting of a solid wall, fence, dense vegetation or combination thereof so that all bees are forced to fly at an elevation of at least 6 feet above ground level over the property lines in the vicinity of the apiary. Hives must face toward the barrier. Additionally, the barrier helps hide the hive from view and provides wind protection for the hive.
e.
Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact. The water shall be maintained so as not to become stagnant. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property. Options include: Small water garden in a half-whiskey barrel with floating plants, a faucet that drips to a wooden board; and at least 20 feet from the hive.
f.
Maintenance. Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. All associated items, including screening, must be maintained in good condition.
g.
Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to re-queen the colony. Queens shall be selected from European stock bred for gentleness and non-swarming characteristics.
h.
Swarm Control. Appropriate measures should be taken to control swarming. Suggested practices include: Baiting hives by creating an attractive home waiting to be discovered, requeen the colony each year with a less than one year old queen; and keep items that move lightly in the wind, such as bushes to keep bees accustomed to movement.
i.
Conduct and Registration Requirements:
1)
It shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety, or creates a nuisance.
2)
A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant.
3)
Each beekeeper shall be registered with the State of Illinois. All unregistered hives are considered a nuisance.
4)
Hives shall be operated and maintained per this Ordinance, and Illinois State Law.
2.
The provisions of this section shall not prevent the City from destroying bees or a bee colony in the event that there is an immediate need to protect the public safety. Such circumstances will occur when there is (1) a bee colony not residing in a hive structure intended for beekeeping, or (2) a dangerous swarm of bees that poses an immediate risk to the safety of humans or (3) a colony residing in a standard or man-made hive which, by virtue of its condition, has obviously been abandoned by the beekeeper.
5.3.3
Commercial Use Performance Standards
With the exclusion of items C.1.a.,b, and e, C.2.a and c, C.3.a—f, and G.1.e below, which are applied based on the threshold of work occurring at the property, per the Applicability Table in Section 2.16.A and B, performance standards for commercial uses are applicable irrespective of whether or not work takes place on the property associated with the use.
A.
Animal Care, Boarding, Shelter, Doggy Day Care
In the CN, CG and B1 districts, no outdoor runs shall be permitted. All overnight care of animals shall occur indoors. All pens, kennels and runs shall be located within an enclosed building.
B.
Bed and Breakfast
No bed and breakfast establishment shall be granted unless the following standards are met:
1.
Signage shall not exceed twelve inches by twelve inches.
2.
If the proposed site is located within a recognized local, state, or national historic district or if the residence has been designated a landmark structure, then the owner shall maintain the structure as required or bring the structure up to historic compliance.
3.
Parking shall be in accordance with 8.1. The parking shall be on existing paved surfaces or inside garages, as provided prior to the application for the special use. In addition, the required parking does not have to be independently maneuverable. Parking anywhere other than the provided off-street parking from midnight to 6:00 a.m. is prohibited.
4.
The bed and breakfast establishment must obtain all necessary permits as required by the health department, historic preservation commission, City of Peoria, and State of Illinois.
5.
In addition to 2.9.13, the special use for a bed and breakfast establishment can be revoked if in violation of the above requirements.
C.
Convenience Store with Gas Pumps, Gas Station
1.
General Provisions
a.
The primary building, including the full canopy, shall conform to all building envelope standards.
b.
Gasoline pumps, tanks, vents and pump islands shall be located no closer than 20 feet to any side or rear property line or right-of-way.
c.
No sign of any type or any gasoline pump or tank shall be located within 20 feet of residential district.
d.
Where the facility is adjacent to any residential district, there shall be a 100 percent opaque eight-foot high visual barrier or screen on the property line abutting the residential zoning lot, provided such barrier or screen shall not restrict clear sight at any intersection or driveway.
e.
Freestanding vents shall not be permitted.
2.
Fuel Canopies
a.
The canopy shall be located no closer than 15 feet to any side or rear property line or right-of-way.
b.
Reserved.
c.
The canopy design, including building materials and color, shall be consistent with that of the principal building.
d.
Reserved.
e.
Canopy lighting shall not extend beyond the area beneath the canopy and all fixtures shall be recessed, including any fixture or lens.
3.
Single-Bay Automatic Car Wash
An accessory single-bay automatic (not self-service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following:
a.
The car wash structure shall be located no closer than 20 feet to any side or rear property line or right-of-way. The car wash structure shall be located no closer than 50 feet to any side or rear property line adjacent to residential zoning lot.
b.
The car wash structure shall meet all applicable building envelope standards and shall not exceed a height of 20 feet or exceed an overall building dimension of 25 feet in width and 50 feet in length.
c.
The car wash structure shall be constructed of building materials consistent with that of the principal building, including the roof.
d.
The doors of the car wash building shall be architecturally compatible with the car wash building and shall be fully closed when the facility is not in operation.
e.
The car wash structure shall be located behind the rear building line of the principal building.
f.
The car wash structure shall be sited so as to discourage direct street view of the facility. Direct street access is permissible only when appropriate landscaped areas such as, but not limited to, planter islands or other landscaped features are used to screen from street view.
g.
The car wash facility shall not operate before 6 AM or after 10 PM.
D.
Farmers Market
1.
The sales area shall be located in an area that will not disrupt the flow of traffic onto and off the site or obstruct any handicap access or parking. The market may be permitted on vacant or unimproved land or accessory to any legally permitted use
2.
The market shall conform to all applicable rules and regulations governing farmers markets.
3.
The market shall be limited to the sale of products which are the result of the practice of the agricultural arts by a producer upon land the producer controls, by the producer, the producer's employees or the producer's immediate family. In addition, a producer may sell products produced by not more than two other producers.
4.
The market shall be limited in days and hours of operation so as to not interfere with the surrounding land uses.
5.
Both temporary and/or permanent structures are allowed.
6.
Development Review Board approval is not required, however; all other applicable permits are required.
E.
Neighborhood Store
1.
Purpose
There exists in the City of Peoria today, primarily south of Forrest Hill Avenue, a number of buildings that were built from 1900 to 1950. They were designed and intended for walking-scale, neighborhood-oriented retail use and services. Many of these buildings are currently zoned residential. Efforts to find appropriate uses in harmony with the surrounding residential neighborhoods and meeting codes such as: parking, setbacks, transitional buffer yards, landscaping, and building codes, have proven to be difficult. Over the years many of these buildings have been neglected, abandoned and/or have fallen into disrepair and therefore have a detrimental impact on neighborhoods. In an effort to permit the revitalization of these structures, the following information provides for the types of uses permitted and the manner in which such uses may be reintegrated into the existing residential neighborhoods.
2.
Definition Statement
For the purpose of this section, neighborhood commercial/office uses shall mean retail, office, and service uses to be contained in buildings or structures originally designed and built for both commercial and residential use that are located in residentially zoned districts.
3.
Permitted Uses
The following neighborhood commercial/office uses may be administratively permitted in residentially zoned districts (see 2.5). The Zoning Administrator shall determine what uses will be permitted that are not specifically listed below but are similar in nature.
a.
Any generally recognized retail business which supplies commodities on the premises for persons residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other foods, flowers, pharmaceuticals, notions, hardware and similar commodities that require a retail character no more objectionable than the aforementioned uses.
b.
Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas, such as: computer services, shoe repair, tailor shops, beauty parlors, barber shops, dressmaker, pharmacist, home appliance repair, and similar establishments that require a retail character no more objectionable than the aforementioned uses.
c.
Art galleries, artist studios, photographer's studios and professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers, accountants, and similar or allied professions.
d.
Restaurants, or other places serving food, except drive-in or drive-through restaurants. Only Class B (minimum 50% food) and Class G (beer and wine only) liquor licenses shall be permitted.
4.
Prohibited Uses
Activities specifically prohibited; include adult uses, drive-through facilities, repair or service of motor vehicles and other large equipment, bars/taverns, no retail liquor sale, manufacturing processes which would normally require industrial zoning, commercial uses with outdoor storage, any activity which may become a nuisance due to noise, unsightliness, or odor; and any activity which may adversely affect surrounding property.
5.
Conditions
a.
Parking for the above stated uses shall be one parking space per dwelling unit for residential and three parking spaces per 1,000 square feet of net floor area for all other uses. On-street parking along the street frontage of the mixed-use structure may be counted toward the minimum required parking for nonresidential purposes. An alternative parking plan (see 8.1.9) may be submitted with the approval of the Zoning Administrator.
b.
Such use shall be permitted only after it has been reviewed by the Zoning Administrator as an appropriate use for the surrounding residential neighborhood.
c.
Such use must be in a building that was originally designed and built for commercial/residential use or commercial use and was built prior to the adoption of this ordinance.
d.
Each site shall be evaluated as to its potential impact to the surrounding residential neighborhood. Factors which will be used in the evaluation and must be approved by the Zoning Administrator include, but are not limited to, the following: hours of operation, off-street parking, noise, lighting, traffic (both vehicular and pedestrian), deliveries and screening.
e.
All business, servicing, or processing shall be conducted within a completely enclosed building.
f.
The subject building must be in compliance with all applicable building codes. Also, façade improvements may be required by the Zoning Administrator.
g.
All signage must be appropriate to the scale and character of the site and building. Signage types permitted shall include awning, canopy, and wall signs per 8.3, and blade signs (small pedestrian-oriented sign not greater than eight square feet in area that projects perpendicular from a structure).
h.
Hours of operation for permitted neighborhood commercial uses shall not be earlier than 7:00 a.m. and not later than 10:00 p.m.
6.
Special Uses
Applications that do not meet the established standards set forth in paragraph 3 above may be submitted by the applicant for approval pursuant to the Special Use process as stated in 2.9. (Such uses as stated would be categorized as Special Uses and would be permitted only after it has been reviewed by a reviewing body having jurisdiction and approved by the City Council as an appropriate use for the surrounding residential neighborhood as a Special Use).
F.
Self-Service Storage
1.
General
a.
No electrical power supply shall be accessible to the renter/lessee of the storage unit with the exception of lighting fixtures and climate controls.
b.
The following activities shall be prohibited on the premises:
1)
Commercial, wholesale or retail sales, flea markets or peddling, or miscellaneous or garage sales. However, once a month, the management of the self-storage mini-warehouse complex may conduct a one-day auction or sale of abandoned or stored materials to settle unpaid storage bills in accordance with State of Illinois regulations.
2)
Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
3)
Operation of a transfer-and-storage business.
4)
Operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment except when needed for maintenance of the use.
5)
Any activity that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
6)
Storage of hazardous chemicals, flammable liquids, or combustible and explosive materials.
7)
Habitation of storage units by humans or animals.
2.
Warehouse, Self-Service, Mini-Storage
a.
All storage shall be contained within a fully-enclosed building. However, the storage of boats, RV's or other similar vehicles may be permitted in accordance with 8.4, Outdoor Storage and Display.
b.
A Transitional Buffer Yard in accordance with 8.2.9 of not less than 25 feet in width shall be established along any side of the property where the facility abuts or is across the street from residential district.
c.
A 100 percent opaque eight-foot high visual barrier or screen shall be provided around the perimeter of the property.
d.
Where the end wall of the self-storage facility is visible from a public right-of-way, the wall shall be buffered by a hedge that has a mature height of at least four feet.
3.
Warehouse, Self-Service, Indoor Multi-Story
a.
All warehouse storage on the property shall be in a minimum two-story, single-enclosed building. All storage units shall be accessed internally. External doors to individual units shall not be permitted. One consolidated loading area is permitted to the rear or side of the building.
b.
The storage of boats, RV's or other similar vehicles may be permitted in accordance with 8.4, Outdoor Storage and Display.
G.
Vehicle Repair, Sales and Service
1.
Vehicle Repair and Service in C-N, C-G, and B-1
a.
Where the facility is adjacent to any residential use, there shall be a 100 percent opaque eight-foot high visual barrier or screen on the property line abutting the property, provided such barrier or screen shall not restrict clear sight at any intersection, alley or driveway.
b.
There shall be no dismantling of vehicles for salvage.
c.
The storage of impounded vehicles shall not be permitted.
d.
All repair and service of motor vehicles shall be conducted within a fully-enclosed building.
e.
A maximum of three service bay doors shall be permitted. The service bay doors shall be oriented towards the side or rear of the building. If fronting a street, façade in which the doors are placed must be recessed 10 feet from the front façade of the building. The service bay doors shall be fully screened from view from the public right-of-way and adjacent property.
f.
The outdoor overnight storage of vehicles awaiting repair may be permitted in accordance with 8.4, Outdoor Storage and Display.
2.
Vehicle Sales
a.
Vehicle display area must be depicted on a site plan subject to Development Review Board approval.
b.
All vehicles located in the vehicle display area must be marked for sale, independently maneuverable, and operable.
c.
No parking space striping is required for the vehicle display area. Any parking provided apart from the vehicle display area must be striped per code requirements.
H.
Convenience Cash Businesses
1.
Purpose
There are certain businesses commonly referred to as Convenience Cash Businesses. For the purpose of the ordinance, Convenience Cash Businesses include Payday Loan Businesses and Title Loan Businesses. Convenience Cash Businesses in general are perceived to be detrimental to the neighborhoods in which they are located. The clustering of such businesses results in negative effects including the perception of decline in the area, reduction of property values, and the creation of disincentive for other businesses to locate. The provisions of 5.3.3.H. of this code are intended to ensure that Convenience Cash Businesses are properly located within the City and minimize the detrimental effects that certain Convenience Cash practices have on neighborhood character and housing values, by regulating the density of payday lending businesses within the City and limiting these businesses to the C1 (General Commercial) District, CG (General Commercial) District, C2 (Large Scale Commercial) District and the B1 (Downtown Commercial) District, with a special use permit required for each district when distance requirements cannot be met.
2.
Distance Requirements
No Convenience Cash Business shall be located within 1500 feet of any other Convenience Cash Business or within 1500 feet of any residentially zoned district. Distance requirements defined in this section shall be measured in a radius, without regard to intervening structures or objects, from the property line of the proposed Convenience Cash Business to the property line of the existing Convenience Cash business and from the property line of any residentially zoned district to the property line of any proposed Convenience Cash Business.
3.
Permitted Uses
Convenience Cash Businesses shall only be permitted in districts zoned as C1 (General Commercial) District, CG (General Commercial) District, C2 (Large Scale Commercial) District, and B1 (Central Business) District.
4.
Special Uses
Applications that do not meet the established standards set forth in 5.3.3.H.2 above may be submitted by the applicant for approval pursuant to the Special Use process as stated in 2.9. (Such uses as stated would be categorized as Special Uses and would be permitted only after it has been reviewed by a reviewing body having jurisdiction and proved by the City Council as an appropriate use).
5.
Convenience Cash Business Uses Established Prior to October 28, 2008
Convenience Cash Business uses established prior to October 28, 2008, which presently are required by this ordinance to meet 1500 foot distance requirements as per 5.3.3.H.2 may continue such use with proof that the use existed prior to said date. If the use ceases for a period greater than twelve consecutive months, requirements per 5.3.3.H. of this ordinance must be met. The nonconforming use provisions as set forth in Chapter 9.0, and following, shall not apply to said uses.
I.
Microbrewery/Craft Distillery
In the CG and B1 districts, a microbrewery or craft distillery must provide onsite retail.
J.
Shopping Centers
1.
Scale and design of the shopping center must be compatible with the surrounding neighborhood.
2.
In an effort to determine the economic, environmental, aesthetic, cultural, residential, and public service impacts on the community, new shopping centers require special use approval including a master plan for the entire shopping center.
3.
Amendments which are substantially in conformance with the master plan and do not increase the area of the shopping center boundaries may be reviewed administratively, by the Development Review Board.
4.
Modifications to shopping centers in existence at the time of adoption of this ordinance shall be reviewed and approved by the Development Review Board providing the standards of 4.3 are met and there is no expansion of the approved shopping center boundary.
K.
Murals
A.
Purpose
1.
The purpose of this ordinance is to permit and encourage art murals on a content-neutral basis on certain terms and conditions. Art murals comprise a unique medium of expression which serves the public interest. Art murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; community participation in the creation of original works of art; community building through the presence of and identification with original works of art; and a reduction in the incidence of graffiti and other crime.
2.
Murals can increase community identity and foster a sense of place and enclosure if they are located at heights and scales visible to pedestrians, are retained for longer periods of time and include a neighborhood process for discussion.
This Ordinance is also written with the intent to allow murals on historic property in a way that will not diminish the historic or character-defining features of the property.
B.
Permitted Murals
Art Murals permitted in all non-residential zoning districts and on structures with legal non-residential uses in residential zoning districts. No zoning approval is required but the mural design standards are applicable for new murals or modifications to existing murals.
C.
Prohibited Murals
The following are prohibited:
1.
Murals on structures with solely a single or multi-family residential use and associated accessory structure in residential zoning districts
2.
Murals on or within historic or conservation landmarks or districts. that are directly painted on the structure.
3.
Murals in a public right-of-way.
4.
Murals which would result in a property becoming out of compliance with the provisions of City Code, or land use conditions of approval for the development on which the mural is to be located.
5.
Murals of any material characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" or which are sexually oriented as defined by Chapter 18, Article III of the City Code.
D.
Design Standards
The following performance standards apply to all murals:
1.
Building elevation drawn to scale, and one 8.5" x 11" reduction suitable for photocopying, that identifies:
a.
the façade on which the mural is proposed;
b.
the location of existing and proposed murals;
c.
the mural dimensions;
d.
the height of the mural above grade; and
e.
the building eave/cornice and roof line.
2.
Site plan drawn to scale and one 8.5" × 11" reduction suitable for photocopying, that identifies:
a.
Property lines;
b.
building location and façade on which the mural will be located;
c.
names of streets that abut site; and
d.
north arrow.
3.
Written description of the type of mural (painted, mosaic, etc) and details showing how the mural is affixed to the wall surface
4.
Written consent from the building owner.
5.
No fee is required for approval of a mural.
6.
Mural size and materials
a.
No part of the mural shall exceed 30 feet in height or higher than the floor level of the third floor, measured from grade, for projects on buildings greater than two stories, whichever is more restrictive. Any mural exceeding the permitted height shall be subject to the Special Use review process pursuant to 2.9
b.
The mural shall not extend more than 6 inches from the plane of the wall upon which it is tiled or painted or to which it is affixed.
7.
Murals on or within historic or conservation landmarks and districts:
a.
Placement: Murals may be located on any building elevation; however, may not obscure openings or other historic or character-defining features, including historic, painted signs known as "ghost signs." Particular attention must be made to place new murals away from "ghost signs."
b.
Size: Murals may not overpower the historic building; and shall defer to historic painted signs, which tend to be very prominent, and should remain as focal points on side elevations.
c.
Attachment method: Unpainted masonry walls shall remain unpainted, on all elevations. Murals shall be attached to the building through masonry joints; this is considered the least damaging, and fully reversible approach.
d.
If the property has a local historic designation, a Certificate of Appropriateness is also required from the Historic Preservation Commission.
E.
Expiration, Maintenance, and Removal of Mural
1.
Expiration
a.
If the mural is not completed within six months of issuance of a mural permit, the permit is void, and no further work on the mural may be done at the premises until a new permit has been secured.
b.
The Director may extend a permit for one period of six months upon finding that the applicant was unable to commence or continue work for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the Director before the permit expiration date. If an inspection approval has not been granted within this extended time period, the permit is void. A permit may be extended only once under the standards of this subparagraph.
2.
Maintenance
a.
Building owners are responsible for ensuring that a permitted mural is maintained in good condition and is repaired in the case of vandalism or accidental destruction. Muralists and building owners are encouraged to consider protective clear top coatings, cleanable surfaces, and/or other measures that will discourage vandalism or facilitate easier and cheaper repair of the mural if needed.
3.
Removal of Materials Associated with the Mural
a.
Any associated materials that were used to affix or secure the mural to the wall must be removed at the time of the removal of the mural. This includes, but is not limited to mounting hardware or brackets, caulk or grout, and adhesives or glues.
b.
Murals on or within historic or conservation landmarks or districts shall be removed within 30-days of direction from the City if found to diminish the historic integrity of the landmark or district.
( Ord. No. 17437 , § 1, 1-24-17; Ord. No. 17505 , § 1(Exh. A), 9-26-17; Ord. No. 17568 , § 1(Exh. A), 4-24-18; Ord. No. 17575 , § 1(Exh. A), 5-8-18; Ord. No. 17625 , § 1(Exh. A), 11-13-18; Ord. No. 17630 , § 1, 11-27-18)
Editor's note
Ord. No. 17575 , § 1(Exh. A), adopted May 8, 2018, changed the title of § 5.3 from "Use Standards" to read as herein set out.