§ 5.4. ACCESSORY STRUCTURES AND USES

5.4.1

Applicability

A.

Accessory structures and uses are allowed by right in conjunction with a permitted principal use as set forth in Section 5.6, Use Categories. No accessory use or structure may be established on a site without a principal use. Specific regulations governing accessory structures and uses are set forth below.

B.

Unless otherwise stated, accessory structures and uses shall meet all requirements and conditions applicable to the principal use.

C.

Uses which are accessory to special uses may be permitted when approved as part of the special use, or when the Zoning Administrator finds they are not an expansion of an approved special use.

D.

Except for off-street parking and loading, and open air cafes, accessory uses associated with nonresidential principal uses shall be limited to ten percent or less of the floor area of the principal use.

5.4.2

Residential Accessory Structures and Storage Buildings

A.

Accessory structures and accessory storage buildings shall be permitted incidental to the principal use, and shall not be used as dwelling units or involve the conduct of a business.

B.

Permitted accessory structures include, but are not limited to, swimming pools, tennis and basketball courts, other outdoor residential recreational facilities, and other open type structures like gazebos.

C.

Permitted accessory storage buildings include open or closed type buildings, including private garages and sheds, and are designed and used for storage or parking of vehicles and storage of materials incidental to the use of the principal structure, or are designed and used for allowable uses incidental to the principal structure.

D.

Accessory Storage Buildings are permitted according to the following table.

	Single-family dwelling with attached garage	Single-family dwelling without attached garage	Multi-Family dwellings in R6, R7, or R8 districts
1. Maximum Number of Accessory Storage Buildings	One accessory storage building	Two accessory storage buildings	Subject to Development Review Board review.   No limit to the number of or size of accessory storage buildings.
2. Maximum Size: In no case shall the maximum size of any accessory storage building exceed the area of the principal structure.	1,092 square feet	One building not to exceed 199 square feet and; One building of at least 200 square feet but no larger than 1,092 square feet.
3. Maximum Height	14 feet	14 feet	14 feet
4. Required Setback from Principal Structure	10 feet	10 feet	10 feet
5. Required Setback from other Accessory Structures/Buildings	6 feet	6 feet	6 feet

 

E.

Accessory structures or accessory storage buildings shall comply with the stated yard requirements for accessory structures in each residential district (see 4.2.4) and rows 3, 4, and 5 of the previous table in 5.4.2.D.

5.4.3

Outdoor Storage

Except as otherwise expressly permitted by this development code, outdoor storage shall not be allowed as an accessory use (see 8.4, Outdoor Storage and Display).

5.4.4

Residential Recreational Facilities

Residential recreation facilities including but not limited to swimming pools and tennis courts are permitted, which are limited to use by the occupants of the principal residential use and their guests and which are illuminated in a manner that will not cast direct light on adjacent residential zoning lots.

5.4.5

Accessory Parking Lots in Single Family Residential Districts

Parking lots shall not be permitted as an accessory use in any single-family residential district.

5.4.6

Fences and Walls

A.

Purpose Statement

This section is intended to allow fences and walls which preserve existing aesthetic benefits in the City, create an attractive appearance for the City; and, instill aesthetics as a value and standard throughout the City.

B.

General Provisions

1.

A fence or wall may be located on a lot line, but shall not protrude in full or part on adjacent property or right-of-way.

2.

Fence or wall height shall be measured from an established grade to the top most section of the fence or wall. Where the grade forms a contour, the fence or wall shall be required to maintain the same contour.

3.

Pillars, including decorations and appurtenances thereon, in conjunction with a fence, cannot be more than twenty-five (25) percent higher than the attached fence and not wider than twenty-four (24) inches.

4.

Not more than 2 fence materials and designs are allowed per property. All vertical and/or horizontal supports and cross members must face the interior of the lot.

5.

Fences and walls shall be maintained by the property owner according to all other codes of the City.

6.

Fences and walls on corner lots must observe the sight triangle requirement as set forth 10.0 Definitions.

7.

Except in the I-2 or I-3 Industrial Zoning Districts, chain link and wire fences shall not be located in front or corner side yards.

8.

In order to provide for the maintenance and gradual elimination of nonconforming front yard fences that adversely affect the character and value of permitted development, front yard fences existing on private property as of the date of passage of this Ordinance that meet the following standards may continue to be maintained, but not replaced: maximum four feet in height, minimum forty percent open, constructed of harmonious materials, support members face to the interior of the lot, and the sight triangle is observed.

C.

Fences Requirements

	RESIDENTIAL, OFFICE, COMMERCIAL, INSTITUTIONAL, AND I-1 ZONING DISTRICTS			I-2 AND I-3 ZONING DISTRICTS
	Maximum Height	Required Setback	Minimum % Openness	Maximum Height	Required Setback	Minimum % Openness
Front Yard	3 feet	None	None	8 feet	None	None
Corner Side Yard	3 feet	None	None	8 feet	None	None
	6 feet	10 feet from the property line
Side Yard	6 feet No fence or wall is permitted when less than 3 feet between fence or wall and any principal structure.	None	None	8 feet	None	None
Rear Yard	6 feet	None	None	8 feet	None	None
Through Lot	Must comply with all of the above, unless all principal structures in same block, face the same street or direction, and there is no vehicular access to the street in which the principal structure does not face, a fence or wall may be constructed as per the rear yard regulation for interior lots			8 feet	None	None

 

For properties located in a local historic district, fence waivers from section 5.4.5 may be granted through a Certificate of Appropriateness approved by the Historic Preservation Commission.

5.4.7

Home Occupations

A.

Purpose Statement

The purpose of this section is to allow home occupations that are compatible with the residential districts in which they are located.

B.

General Requirements and Standards

All home occupations shall comply with each and every one of the following standards and requirements:

1.

The entrepreneur of every home occupation shall reside in the dwelling unit in which the business operates.

2.

All home occupation use activity conducted at the site of the home occupation shall be conducted entirely within a completely enclosed dwelling unit or garage (detached or attached).

3.

Use of garage (detached or attached) or other building or structure accessory to the principal building on the zoning lot for any home occupation may be permitted subject to the following:

a.

No space within the garage that could be used to meet the required off-street parking requirements for the principle use shall be used for the home occupation. No existing garage may be converted to an accessory structure unless another garage is erected to replace the off-street garage parking spaces.

b.

Auto and engine related occupations shall not be permitted. Routine, minor maintenance on vehicles registered to the residents of the property may occur. Only one vehicle may be repaired at one time, regardless of ownership or reason. Any repair of non-resident-owned vehicles is not permitted.

c.

Construction businesses or landscaping businesses that provide the on-site storage of goods and materials, supplies or equipment, to be used in operation of the business shall not be permitted.

d.

Scrapping/junking/salvaging operations shall not be permitted.

4.

The home occupation shall not interfere with the delivery of utilities or other services to the area.

5.

The activity should not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit and/or garage in a zoning district used solely for residential purposes.

6.

No toxic, explosive, flammable, radioactive, or other hazardous materials as defined by the Fire Code and Building Code of the City of Peoria shall be used, sold, or stored on the site.

7.

There shall be no alteration of the residential appearance of the premises, including the creation of a separate or exclusive business entrance(s) or placement of a sign.

8.

No more than one vehicle shall be used in connection with home occupation use. The home occupation vehicle must be of a type ordinarily used for conventional private passenger transportation, i.e., passenger automobile, or vans and pickup trucks not exceeding a payload capacity of one ton. Further, the home occupation vehicle shall not, pursuant to the Illinois Vehicle Code, require more than a Class B license or be a vehicle included in the definition of a Second Division Vehicle by Illinois Vehicle Code (those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the First Division used and registered as school buses).

9.

Home occupation vehicles are required to comply with all applicable residential parking requirements including, but not limited to, 8.1.7, which prohibits permanent parking in required front yards and which requires hard-surfaced parking spaces.

10.

No visitors in conjunction with the home occupation (clients, patrons, pupils, sales persons, etc.) shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.

11.

No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

12.

There shall be no advertising, signs, display, or other indications of a home occupation in the yard, on the exterior, or visible from, the dwelling unit and/or garage.

13.

Direct sales and/or rentals of products off display shelves or racks is not permitted, although a person may pick up an order previously made by telephone or at a sales meeting.

14.

The total area used for the home occupation, per property, shall take up no more than 250 square feet of the dwelling unit or garage. No product, materials, supplies or equipment shall be displayed or stored outside of the home.

15.

No person may be employed on the site in connection with the home occupation who is not an actual resident of the dwelling unit.

16.

Deliveries from commercial suppliers shall not be made by any vehicle that exceeds a gross weight in pounds for vehicle and maximum load of 20,000 pounds. Deliveries shall not restrict traffic circulation and must occur between 9:00 a.m. and 5:00 p.m. Monday through Friday.

17.

Visitors in conjunction with the home occupation (clients, pupils, sales persons, etc.) will be limited to no more than eight during a 24-hour period. No more than four visitors may visit at one time.

18.

No more than one home occupation shall be permitted, per property, within any individual dwelling unit and/or garage.

19.

No permit is required so long as the general requirements and standards described are met.

5.4.8

Small Wind Energy Conversion Systems

A.

Purpose and Goals

Small Wind Energy Conversion Systems (SWECS) have been found to be a viable and useful method to produce energy from a renewable source, i.e., wind. The purpose of this Ordinance is to establish requirements for the siting of SWECS. This Ordinance takes into account the necessary siting requirements needed for optimal and efficient operation of SWECS, while also imposing regulations to protect the safety of Peoria citizens and maintaining property values by regulating aesthetics and other nuisances associated with SWECS. The goals of this Ordinance are to:

1.

Encourage the placement of SWECS in both residential and non-residential areas;

2.

Allow residents to produce their own energy from renewable sources, while encouraging the location of SWECS so that they are utilized in a manner to protect the safety and well-being of Peoria citizens;

3.

Encourage the use of SWECS to help reduce the impact of non-renewable energy sources on the local environment.

B.

Administrative Review Process

1.

Application

A Small Wind Energy Wind Conversion System Application shall be submitted with a scaled site plan showing all property lines, overhead utilities, and other structures on subject property. The site plan shall also include the location of the SWECS and the distances from the SWECS to all property lines, overhead utilities and other structures on the property. A scaled drawing of the SWECS structure must also be submitted showing the height and the distance between the rotor blades at their lowest point and the base of the structure. Finally, a map showing all surrounding SWECS within five-hundred (500) feet must be submitted.

2.

Standards

When determining if a SWECS application shall be approved, the Zoning Administrator shall consider the following standards:

a.

Spacing and Setback

1)

Spacing

A SWECS shall not be placed any closer than three (3) times the diameter of the rotor from a surrounding SWECS measured from the base of the SWECS.

2)

Setback

The minimum distance between SWECS and all property lines, overhead utility or transmission lines, electrical substations, and public right-of-ways shall be equal to no less than 1.1 times the sum of the proposed tower height plus the rotor radius. The setback distance is measured from the base of the SWECS or, if guy wires are used, from the furthest guy wire from the base of the SWECS. This requirement is not intended for roof-mounted SWECS.

b.

Height:

1)

Structure Height

The height of a SWECS (tower height plus the rotor radius) shall not exceed 100 feet measured from an established grade.

2)

Rotor-to-Ground Height

The minimum distance between the ground, measured from an established grade, and any part of the rotor blade system shall be twenty-five (25) feet. This requirement shall not include roof-mounted SWECS. Vertical axis SWECS shall be measured from the lowest point of the rotor to the ground unless located on a roof.

c.

Anti-Climbing Devices:

A SWECS shall not have any climbing devices below a height of twelve (12) feet from the base of the structure. For those SWECS that have climbing apparatus, a fence six (6) feet in height with a lockable gate must completely surround the SWECS.

d.

Signs:

No signs other than a "High Voltage" sign measuring no more than two (2) square feet may be posted on a SWECS.

e.

Noise:

All SWECS shall meet the minimum noise standards. When measured from any property line, the decibel (dBA) reading shall not exceed 60 dBA. In the event of strong winds or a storm, a SWECS shall not produce noise greater than 10 dBA over the ambient noise level.

f.

Aesthetics:

1)

Color

SWECS shall be constructed of a material or painted with a color that is non-reflective and unobtrusive and either white or light grey in color. Other unobtrusive colors may be considered and approved by the Zoning Administrator.

g.

Roof-Mounted SWECS:

1)

Height

The height of a roof-mounted SWECS shall not exceed twenty (20) feet above the highest point of a roof. In no instance shall a roof-mounted SWECS exceed the maximum height requirement for the zoning district it is located in. SWECS located on a structure are considered part of that structure.

2)

Screening

There shall be no screening requirements for roof-mounted SWECS.

h.

Utility Notification:

SWECS shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

i.

Compliance with Applicable Building Codes:

Building permit applications for a SWECS shall be accompanied by standard drawings of the SWECS structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with all adopted building codes for the City of Peoria and certified by a licensed professional engineer shall also be submitted.

j.

Power Lines:

All power lines or electrical lines associated with a SWECS must be located completely within the SWECS or buried underground.

k.

Controls and Brakes:

A SWECS shall be equipped with manual and automatic controls or mechanical brakes to limit rotation of blades to a speed below the designed limits of a SWECS. For purposes of this section, "manual and automatic controls" mean controls which give protection to power grids and limit rotation of a SWECS' blades to below the designed limits of the conversion system. The professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's or the authorized factory representative's statement of certification.

C.

Special Use

An applicant may apply for a Special Use Permit when one or more of the above standards cannot be met.

D.

General Guidelines and Requirements

1.

Accessory Structures

SWECS are permitted accessory structures

2.

Zoning Districts

SWECS are permitted accessory structures in all Zoning Districts.

3.

Historic Districts

SWECS are prohibited from all historic districts in the City of Peoria.

E.

Removal of Abandoned SWECS

If the SWECS remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system shall be deemed to be abandoned and shall constitute a public nuisance. Upon notification from the Zoning Administrator, the owner/operator shall remove the abandoned system at their expense within twenty (20) days from the date of the letter. Removal of the system includes the entire structure including foundations, transmission equipment and fencing around the SWECS. Nonfunction or lack of operation may be proven by reports from the interconnected utility. The Zoning Administrator may request more information to prove the SWECS has been abandoned. If the owner/operator of the SWECS feels the SWECS has not been abandoned, a hearing shall be scheduled for the owner/operator to show significant proof that the SWECS has not been abandoned. If the SWECS is not removed after such twenty (20) day period, the Zoning Administrator is authorized to cause the SWECS to be removed forthwith. Any expense incidental thereto shall be paid by the owner, agent or person having the beneficial use of the SWECS or premises on which the SWECS is found. The owner of the SWECS will be responsible for any remaining costs.

( Ord. No. 17505 , § 1(Exh. A), 9-26-17; Ord. No. 17575 , § 1(Exh. A), 5-8-18)