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HomeMy WebLinkAboutG23-94 Ordinance No. G23-94 Revised AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, written application has been made to amend the provisions of the zoning ordinance relating to antennas; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Title 19, entitled "Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following to the list of permitted uses : "Commercial antennas and antenna structures as mounted on existing structures" (SR) . TO: 19 .20 . 630, A. , 14 . RENUMBER: 14-20 as 15-21 TO: 19 . 25 . 730, A. , 13 . RENUMBER: 13-21 as 14-22 TO: 19 . 30 . 130, A. , 9 . RENUMBER: 9-19 as 10-20 TO: 19 . 35 . 230, A. , 55 . RENUMBER: 55-72 as 56-73 TO: 19 . 35 . 330, A. , 79 . RENUMBER: 79-97 as 80-98 TO: 19 . 35 .430, A. , 101 . RENUMBER: 101-123 as 102-124 TO: 19 . 35 .530, A. , 84 . RENUMBER: 84-104 as 85-105 TO: 19 . 35 . 730, A. , 91 . RENUMBER: 91-112 as 92-113 TO: 19 .40 .530, A. , 141 . RENUMBER: 141-169 as 142-170 Section 2 . That Title 19, entitled Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following to the list of permitted uses: "Commercial antennas and antenna structures mounted on existing structures" (SR) . "Commercial antenna tower" (SR) TO: 19 .40 . 130, A. , 53 . RENUMBER: 53-74 as 55-76 19 .40 . 130, A. , 54 . TO: 19 . 40 . 330, A. , 102 . RENUMBER: 102-130 as 104-132 19 . 40 . 330, A. , 103 . Section 3 . That Title 19, entitled Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following to the list of conditional uses : "Conditional commercial antennas and antenna structures mounted on existing structures" (SR) . "Conditional commercial antenna tower" (SR) TO: 19 . 20 . 130, B. , 3 . RENUMBER: 3-9 as 5-11 19 . 20 . 130, B. , 4 . TO: 19 .20 . 330, B. , 3 . RENUMBER: 3-9 as 5-11 19 .20 . 330, B. , 4 . TO: 19 .20 . 630, B. , 3 . RENUMBER: 3-9 as 5-11 19 .20 . 630, B. , 4 . TO: 19 . 25 . 130, B. , 3 . RENUMBER: 3-9 as 5-11 19 . 25 . 130, B. , 4 . TO: 19 . 25 . 330, B. , 3 . RENUMBER: 3-9 as 5-11 19 .25 . 330, B. , 4 . TO: 19 .25 .530, B. , 3 . RENUMBER: 3-9 as 5-11 19 . 25 .530, B. , 4 . TO: 19 . 25 . 730, B. , 5 . RENUMBER: 5-13 as 7-15 19 . 25 . 730, B. , 6 . TO: 19 . 30 . 130, B. , 21 . RENUMBER: 22-41 as 23-42 19 . 30 . 130, B. , 22 . see delete section below TO: 19 . 35 .230, B. , 14 . RENUMBER: 14-21 as 16-23 19 . 35 . 230, B. , 15 . TO: 19 . 35 . 330, B. , 14 . RENUMBER: 14-21 as 16-24 19 . 35 . 330, B. , 15 . TO: 19 . 35 . 430, B. , 37 . RENUMBER: 37-52 as 39-54 19 . 35 .430, B. , 38 . TO: 19 . 35 .530, B. , 23 . RENUMBER: 23-38 as 25-40 19 . 35 .530, B. , 24 . eift TO: 19 . 35 . 730, B. , 41 . RENUMBER: 41-55 as 43-57 19 . 35 . 730, B. , 42 . TO: 19 .40 . 130, B. , 11 . RENUMBER: 12-24 as 13-25 19 .40 . 130, B. , 12 . see delete section below TO: 19 . 40 . 330, B. , 24 . RENUMBER: 25-39 as 26-40 19 . 40 . 330, B. , 25 . see delete section below TO: 19 . 40 . 530, B. , 39 . RENUMBER: 40-56 as 41-56 19 . 40 .530, B. , 40. see delete section below Section 4 . That Title 19, entitled Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following from the list of conditional uses : "Commercial towers and antennas" (SR) . FROM: 19 . 30 . 130, B. , 21 . RENUMBER: see add section above Section 5 . That Title 19, entitled Zoning" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following from the list of conditional uses : emik DELETE: "Commercial antennas and antenna structures" (SR) . FROM: 19 . 40 . 130, B. , 11. RENUMBER: see add section above FROM: 19 . 40 . 330, B. , 24 . RENUMBER: see add section above FROM: 19 . 40 .530, B. , 39 . RENUMBER: see add section above Section 6 . That Chapter 19 . 90, entitled "Supplementary Regulation" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding the following: 19 . 90 . 073 Commercial Antennas . "Commercial Antennas" shall mean any "antenna" (SR) or "antenna structure" (SR) , which is not used exclusively for broadcast radio and television reception, which is not an "amateur radio antenna" (SR) or antenna structure, which is not a citizen band radio antenna or antenna structure, and which is not a "microcellular commercial antenna" (SR) . 19 . 90 . 075 Antennas and Antenna Structures Mounted on Existing Structures, Commercial . "Commercial Antennas and Antenna Structures mounted on Existing Structures" shall mean any "commercial antenna" (SR) or commercial "antenna structure" (SR) , which is not a eft. "commercial antenna tower" (SR) , and which is located on an existing structure. Any type, size, or number of commercial antennas or antenna structures, except a "commercial antenna tower" (SR) , may be mounted on any existing structure provided that each antenna and antenna structure is located a minimum of 60 linear feet above the average grade at the foundation of such existing structure. Accessory equipment shall be either roof mounted or located within an "enclosed building" (SR) . Where the commercial antenna or antenna structure is located a minimum of 24 linear feet, but less than 60 linear feet above the average grade at the foundation of such existing structure, the commercial antenna or antenna structure shall be subject to the following supplementary regulations : A. Size. The maximum dimension of the commercial antenna, whether height, length, width, or diameter shall not exceed 15 linear feet. The maximum height of the antenna structure shall not exceed 20 linear feet. B. Number. There shall be a maximum of one array or system of commercial antennas or antenna structures for each existing structure. C. Location. Commercial antennas and antenna structures located on the face of an existing structure shall not project more than two linear feet from the vertical plane of the face of such structure, as measured perpendicular to such vertical plane. No commercial antenna or antenna structure located on the face of a structure shall cover or interupt any major architectural feature, such as doors, windows, or decorative architectural elements, nor extend above the highest point of the structure face on which it is located. Accessory equipment shall be either roof mounted or located within an enclosed building. Where the commercial antenna or antenna structure is located less than 24 linear feet above the average grade at the foundation of such existing structure, the commercial antenna or antenna structure shall be subject to the following supplementary regulations : A. Size. The maximum dimension of the commercial antenna and antenna structure, whether height, length, width, or diameter shall not exceed two linear feet. em. B. Number. There shall be a maximum of one array of commercial antennas or antenna structures for each existing structure. C. Location. Commercial antennas and antenna structures located on the face of an existing structure shall not project more than two linear feet from the vertical plane of the face of such structure, as measured perpendicular to such vertical plane. No commercial antenna or antenna structure located on the face of a structure shall cover or interupt any major architectural feature, such as doors, windows, or decorative architectural elements, nor extend above the highest point of the structure face on which it is located. Accessory equipment shall be located within an enclosed building. 19 . 90 . 077 Antennas and Antenna Structures Mounted on Existing Structures, Conditional Commercial . "Conditional Commercial Antennas and Antenna Structures Mounted on Existing Structures" shall mean any type of "commercial antenna and antenna structure mounted on existing structures" (SR) , which does not conform to all of the provisions of Section 19 . 90 . 075 Commercial Antennas and Antenna Structures Mounted on Existing Structures or any other of the provisions of this title. Conditional commercial antennas and antenna structures mounted on existing structures shall be considered a "conditional use" (SR) and shall be subject to the provisions of Chapter 19 . 65, Conditional Uses . 19 . 90 . 102 Antenna Tower, Commercial . "Commercial Antenna Tower" (SR) shall mean a "commercial antenna" (SR) or commercial "antenna structure" (SR) mounted on any type of structure which exceeds 20 linear feet in combined height, where the sole purpose of such structure is to increase the height of the commercial antenna or antenna structure. Commercial antenna towers shall be subject to the following supplementary regulations : Any type, size, or number of commercial antennas or antenna structures may be located on a commercial antenna tower. Any type, size, or number of commercial antenna towers may be located on a "zoning lot" . Commercial antenna towers shall be located a minimum distance in an amount equal to the height of the commercial antenna tower from any residence conservation district, any residence district, any community facility district, any business district, or the CI Commercial Industrial District. No commercial antenna tower shall be located within a transition landscape yard. All accessory equipment shall be located within an enclosed building or where such equipment is located on the ground shall be screened on all sides, as may be approved by the Development Administrator. rft. 19 . 90 . 103 Antenna Tower, Conditional Commercial "Conditional Commercial Antenna Tower" shall mean any type of "commercial antenna tower" (SR) which does not conform to all of the provisions of Section 19 . 90 . 102 Commercial Antenna Tower or any other provision of this title. Conditional commercial antenna towers shall be considered a "conditional use" (SR) and shall be subject to the provisions of Chapter 19 .65, Conditional Uses . 19 . 90 . 074 Antennas, Microcellular Commercial . "Microcellular Commercial Antennas" shall mean an "antenna" (SR) or "antenna structure" (SR) utilized exclusively for telephone communications systems . Microcellular commercial antennas and antenna structures shall be considered "treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) , subject to the following supplementary regulations : A. Mounted on Existing Structures. Where a microcellular commercial antenna or antenna structure is located on an existing structure, the maximum dimension of the antenna eft structure, whether height, length, width, or diameter shall not exceed two linear feet. No microcellular commercial antenna or antenna structure located on the face of a structure shall cover or interupt any major architectural feature, such as doors, windows, or decorative architectural elements . Accessory equipment shall be either roof mounted or located within an enclosed building. B. Mounted on Poles . Where the microcellular commercial antenna or antenna structure is pole mounted the maximum height of the antenna, the antenna structure, and the pole shall nct exceed 30 linear feet above the average grade at the foundation of such pole. Accessory equipment shall be located within enclosed cabinets . 19 . 90 . 095 Antenna, Satellite Dish. "Satellite Dish Antenna" shall mean the disc type of "antenna structure" [SR] . Satellite dish antennas shall be subject to the following supplementary regulations : A. Size and Number. The maximum dimension of a satellite dish antenna, whether height, length, width, or diameter, shall not exceed 12 linear feet. In the residence conservation districts and the residence districts, a maximum of one satellite dish antenna shall be allowed for each rft "principal building" [SR] on a "zoning lot" [SR] . In all other standard zoning districts, a maximum of two satellite dish antennas shall be allowed for each "principal building" [SR] on a "zoning lot, unless the antenna complies with all of the provisions of Section 19 . 90.075 Commercial Antennas and Antenna Structures Mounted on Existing Structures or Section 19.90. 102 Commercial Antenna Towers. B. Location - Building Mounted. Satellite dish antennas mounted on a building shall be located on the roof, and the "antenna structure" [SR] shall not extend above the highest point of a hip, gable, or mansard roof. No antenna structure shall be mounted on that portion of a sloping roof which is visible from an adjoining public right of way. An antenna structure mounted on a flat roof shall be located at that point which is the farthest distance from an adjoining public right of way. No satellite dish antenna structure shall be mounted to any other type of "structure" [SR] , unless the antenna complies with all of the provisions of Section 19 .90.075 Commercial Antennas and Antenna Structures Mounted on Existing Structures or Section 19 .90. 102 Commercial Antenna Towers. C. Location - Ground Mounted. Satellite dish antennas mounted on the ground shall be located within the rear yard of a zoning lot. The antenna structure shall be located a minimum of ten linear feet from any "lot line" [SR] . Any portion of a ground mounted satellite dish antenna structure located within 20 feet of . a zoning lot within a residence conservation district or a residence district shall be screened from view by such adjoining zoning lot with a solid fence constructed and maintained at a minimum of five linear feet in height, or with a densely planted, solid evergreen hedge planted and maintained at a minimum of five linear feet in height. Section 7 . That Chapter 19 .90, entitled "Supplementary Regulation" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following: 19.90.075 Commercial Antennas and Antenna Structures. 19 .90. 102 Commercial Antenna Tower. 19 .90. 095 Satellite Dish Antenna. Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9 . That this ordinance shall be in full force and effect after its passage in the manner provided by law. Georg anDeV.00rde, Mayor ., Presented: May 11, 1994 Passed: May 11, 1994 Vote: Yeas 7 Nays 0 Recorded: May 12, 1994 Published: Attest: f 90kA:'4442 Dotonna Mecum, C t�k r r