§ 17-9-0100

Use standards

17-9-0101 Adult Uses. Adult uses may not be located in any of the following areas or locations:

17-9-0101-A within 1,000 feet of another existing adult use ;

17-9-0101-B within 1,000 feet of any zoning district that is zoned for residential use;

17-9-0101-C within 1,000 feet of any pre- existing school or religious assembly establishment; or

17-9-0101-D within any planned manufacturing district (PMD).

17-9-0102 (Deleted by Coun. J. 7-29-15, p. 4122, § 2)

17-9-0103 Bed and Breakfast. Bed and breakfast facilities must be located above the ground floor in those zoning districts in which dwelling units and other residential uses are not permitted (by-right) on the ground floor.

17-9-0103.1  Business live/work units.

17-9-0103.1-A Purpose.   Business live/work units allow limited residential use in street level commercial establishments in “B” and “C” (Business and Commercial) districts.  The regulations of this section are intended to ensure that the residential use satisfies basic habitability standards and that the commercial viability of the unit is maintained.

17-9-0103.1-B Permitted uses.   The following commercial uses are permitted in business live/work units:

1. Artist work or sales space;

2. Offices;

3. Personal services, except massage establishments and businesses that require a Children’s Activities Facility (CAF) license from the Department of Business Affairs and Consumer Protection or any successor agency; and

4. Retail sales, general, except the following:  food and beverage retail sales, the sale of firearms or ammunition, and the sale of tobacco, cigars, cigarettes or cigarette papers, leaf tobacco, snuff, or any preparations containing tobacco.

17-9-0103.1-C Standards.   Business live/work units shall comply with all of the following standards:

1. No portion of a business live/work unit may be separately leased, subleased or sold as a work space to any person not living in the unit, or as a residential space to any person not working in the unit.

2. Business live/work units shall contain a minimum of 800 gross square feet and a maximum of 3,000 gross square feet.  The work portion of the business live/work unit shall be a minimum of one-third of the total floor area of the unit or 400 square feet, whichever is greater, and a maximum of 50 percent of the total floor area of the unit.  The residential portion of the business live/work unit shall be a minimum of 50 percent of the total floor area of the unit.

3. Business live/work units must be located on the ground floor or level and at street fronting elevations.  The commercial floor area shall be directly accessible from and oriented towards the street, and the entrance must be clearly designated as a business entrance.

4. The residential portion of the business live/work unit shall include cooking space, sanitary facilities and sleeping space in compliance with Section 13-64-400 of the Municipal Code and any other applicable codes, ordinances, laws, rules and regulations.  The work portion of the business live/work unit shall be designed or equipped exclusively or principally to accommodate commercial uses, and shall be regularly used for commercial activities and display space by one or more occupants of the unit.

5. Each business live/work unit shall have a pedestrian-oriented frontage that publicly displays the interior commercial space.

6. The residential portion of the business live/work unit shall be contiguous with and an integral part of the work space, with direct access between the two areas, and not as a separate stand-alone dwelling unit; provided, however, mezzanines and lofts may be used as living space, and living and work space may be separated by corridors, hallways, interior courtyards or similar private space.  The residential portion of the business live/work unit shall not have a separate street address from the work space.  Each business live/work unit shall be separated from other business live/work units and any other uses in the building and shall have separate access either from the building exterior or from an interior corridor, hall or other common access area that is separate from other units and uses.

7. A business live/work unit shall not be established or used in conjunction with any of the following activities:

a.

storage of flammable liquids or hazardous materials beyond those normally associated with a residential use;

b.

welding, machining, or any open flame work; and

c.

any other activity or use as determined by the Zoning Administrator to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of business live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

8. Business live/work units shall comply with the minimum lot area standards of Section 17-3-0402 for dwelling units; provided, however, in the case of buildings constructed prior to August 1, 2012, one business live/work unit per building shall be exempt from the minimum lot area requirements.

9. Business live/work units are prohibited in strip centers.

17-9-0103.1-D Certificate of occupancy. No business live/work unit shall be occupied without issuance of a certificate of occupancy.  A certificate of occupancy shall be issued only if the Commissioner of Buildings determines that the proposed commercial space and living space are in compliance with Section 13-64-400 of the Municipal Code.

17-9-0103.1-E Required disclosures to new tenants or owners.   For any business live/work unit, a statement of disclosure shall be provided to prospective owners or tenants before a unit, or building containing a unit, is leased or sold.  This statement of disclosure shall contain the following acknowledgments:  at least one resident of each business live/work unit must operate a business within the unit and possess a valid business license, if applicable, associated with the premises and based on the commercial activity conducted therein.  Commercial activities within the business live/work unit are restricted to those listed in Section 17-9-0103.1-B.

17-9-0103.3*  Urban Farm. Urban farms are subject to the following standards:

* Editor’s note – Coun. J. 6-8-11, p. 1725, § 5, added this section to the code as § 17-9-103.3.  The numbering has been revised to § 17-9-0103.3 at the discretion of the editor.  Future legislation will correct the provision if needed.

17-9-0103.3-A   Urban farms shall be exempt from the landscaping and screening requirements of vehicular use areas of 17-11-0200.

17-9-0103.3-B   Parkway vegetation that is complementary to allowed activities and that is acceptable to the Department of Planning and Development shall be allowed in lieu of the Parkway Tree requirements of 17-11-0100.

17-9-0103.3-C   Fencing and screening that is complementary to allowed activities and that is acceptable to the Department of Planning and Development shall be allowed in lieu of the requirements of 17-3-0304 and 17-5-0601.

17-9-0103.3-D   Composting must comply with the standards of Section 11-4-2545 of the Municipal Code. Incidental sales of such compost material is expressly allowed as an accessory use to the principal use of an urban farm .

17-9-0103.5  Community garden.   Community gardens are subject to the following standards:

17-9-0103.5-A   Community gardens shall not be larger than 25,000 square feet, except in POS districts. There is no size limit for community gardens in the POS1 and POS2 districts.

17-9-0103.5-B   Accessory buildings , such as sheds, greenhouses, hoophouses or farmstands shall comply with the requirements of 17-9-0201-D.  Hoophouses or other fabric based shelters, which are not required to obtain a building permit, shall not be considered accessory buildings.  Hoophouses or other fabric based shelters shall be securely attached to the ground and designed and constructed to comply with appropriate standards in Title 13 of the Municipal Code of Chicago.

17-9-0103.5-C   Composting must comply with the standards of Section 7-28-715 of the Municipal Code.

17-9-0103.5-D   Sales on site are limited to incidental sales of plants or produce generated on site.

17-9-0104 Community Homes. Community homes must be located above the ground floor in those zoning districts in which dwelling units and other residential uses are not permitted (by-right) on the ground floor.

17-9-0105 Container Storage. Container storage facilities are subject to the following standards:

17-9-0105-A Container storage areas must be set back at least 20 feet from any lot line adjacent to a residential district and at least 7 feet from any lot line adjacent to a public way .

17-9-0105-B Container storage areas must be screened from view by a 6-foot ornamental fence to be installed along the perimeter of the facility along any lot line adjacent to a residential district or public way , excluding alleys. The fence must be installed behind the landscaped area at a minimum distance of 7 feet from the lot line.

17-9-0105-C The ground adjacent to required fences must be landscaped to a distance extending not less than 7 feet from the front of the fence. The ground area must be covered with grass or other ground cover or plant material, and with hedges and trees planted in a manner that effectively screens the facility from public view. Hedges must consist of individual shrubs of a minimum of 24 inches in width planted at 36-inch intervals on center. Trees must be planted at the rate of one tree for every 25 feet of frontage adjacent to any residential district or public way . The landscaping must be installed in accordance with the standard practices of horticultural professionals and in good and workmanlike manner and must be maintained in good condition.

17-9-0105-D If containers are stacked along any lot line adjacent to a residential district , the outermost stack may not exceed 2 containers in height; the inner stack immediately adjacent to the outermost stack may not exceed 3 containers in height; and no other stack may exceed 5 containers in height.

17-9-0105.5 Day Care Facilities in Manufacturing and Planned Manufacturing Districts.

17-9-0105.5-A Day Care facilities are subject to the provisions of Municipal Code Chapter 4-75.

17-9-0105.5-B Day care facilities operating as a primary use are permitted only in M1, M2, PMD buffer districts, and those PMD districts where specifically permitted. The maximum gross floor area of a day care facility that operates as a primary use is 4,500 square feet.

17-9-0105.5-C Day care facilities are permitted as an accessory use to any industrial use type allowed in any M or PMD district.

17-9-0106 Drive-Through Facility.

17-9-0106-A Drive-In and Drive-Through Queue Area. Each facility must provide sufficient queue area at a minimum of 20 feet per vehicle in advance of the service window to accommodate a minimum of 3 vehicles per establishment. The queue area may not interfere with other on-site circulation and parking facilities.

17-9-0106-B Pedestrian Walkways. Pedestrian walkways must have clear visibility, and be emphasized by enhanced paving or markings when they intersect the drive-through aisles.

17-9-0106-C Screening. All service areas, trash storage areas, and ground- mounted mechanical equipment must be screened from ground-level view by fences or walls.

17-9-0107 Equipment Sales and Rental. All areas used for the display of motor vehicles or other light or heavy equipment for sale or lease must have proper drainage and must be connected to the municipal sewer system, all in compliance with applicable provisions of the Municipal Code. Any existing areas used for the display of motor vehicles or other light or heavy equipment for sale or lease must be brought into compliance with this standard by June 1, 2003.

17-9-0108 Foreign Consulates. Office space in Foreign Consulates located in R districts are limited to no more than 25% of the gross floor area of the building or 4,000 square feet, whichever is greater.

17-9-0109 Gas Stations.

17-9-0109-A Special use approval is required for all new gas stations and for additions to existing gas stations that would result in adding 2 or more new gas pumps, 5 or more parking spaces (or equivalent paved area) or floor area in excess of 25% of the existing floor area or 1,500 square feet, whichever is less. Special use approval is not required for new gas pumps or excavation work required to ensure compliance with state or federal regulations.

17-9-0109-B The minimum lot area for a gas station is 20,000 square feet.

17-9-0109-C Gas stations are subject to compliance with the applicable landscape regulations of Chapter 17-11, expressly including the vehicular use area standards of 17-11-0200.

17-9-0109-D No signs are allowed on fences.

17-9-0109-E All lighting must be directed downward and shielded to prevent illumination of adjoining residential property.

17-9-0109-F All driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets . The Chicago Department of Transportation must review the proposed gas station plans before the public hearing on the special use application.

17-9-0110 Inter-Track Wagering Facilities. New inter-track wagering facilities are not allowed to be established within 500 feet of the property line of a lot containing a religious assembly , school or household living use. Notwithstanding the foregoing, an inter-track wagering facility existing in a Downtown District on May 11, 2005 may relocate as a special use within a DC, DX or DS District if the facility demonstrates compliance with paragraph (h)(8.2) of Section 26 of the Illinois Horse Racing Act of 1975 (230 ILCS 5/26(h)(8.2)), and obtains all applicable approvals necessary to the establishment of a special use .

17-9-0111 Lodges and Private Clubs. The following standards apply to lodges and private clubs located in R or DR zoning districts:

17-9-0111-A No more than 20% of the gross floor area or 2,000 square feet, whichever is greater, may be devoted to or used as office space.

17-9-0111-B A private club organized for the purpose of promoting knowledge of and participation in the fine or performing arts need not restrict use of its premises to its members and their guests, if revenue derived from the presence of additional persons is necessary for the club’s program of support for the fine or performing arts and is used for that purpose.

17-9-0111-C A private club’s program of supporting the fine or performing arts must include offering residential facilities to performers or artists; offering a venue for practice and performances; and availability of facilities for the discussion, promotion and development of skills and interests in the fine or performing arts.

17-9-0111-D The affairs and management of such lodge or private club must be conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.

17-9-0111-E It is permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available.

17-9-0111-F The sale of alcoholic beverages to members and their guests is allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws.

17-9-0111-G The minimum lot area for a new gas station may be reduced to not less than 10,000 square feet, when approved as a variation (see Section 17-13-1101-G).

17-9-0111.3  Motor Vehicle Repair Shops.

17-9-0111.3-A   Motor vehicle repair shops are subject to the provisions of Municipal Code Chapter 4-228.

17-9-0111.5 Non-Accessory Parking. Non- accessory parking is a permitted use in RT4 and higher R districts when located on those areas of elementary or high school grounds currently devoted to accessory parking. Such non-accessory parking is permitted only when the school is not in session. All other non- accessory parking in RT4 and higher R districts requires special use approval in accordance with Sec. 17-13-0900.

17-9-0112 Personal Services. Hair salons, barber shops, beauty shops, and nail salons are permitted by- right in “B” districts if located more than 1,000 feet from any other hair salon, barber shop, beauty shop or nail salon.  Special use approval is required for hair salons, barber shops, beauty shops, and nail salons in “B” districts when such use is located within 1,000 feet of any other hair salon, barber shop, beauty shop, or nail salon.

17-9-0113 Philanthropic and Eleemosynary Institutions. Office space in Philanthropic and Eleemosynary Institutions located in R districts are limited to no more than 25% of the gross floor area of the building or 4,000 square feet, whichever is greater.

17-9-0113.1  Residential Storage Warehouse. Residential storage warehouses are permitted in DX districts only as an adaptive re-use of existing buildings that have been in existence for twenty (20) years or more.  Residential storage warehouses are prohibited on lots abutting pedestrian streets .  To the extent possible, residential storage warehouses in DX districts must be designed to preserve the architectural features of existing facades including building materials, windows, doors and other features.  Window openings must retain their transparency and should not be blocked with interior or exterior barriers including signage with an exception of business identification signage of the facility where such signage is otherwise permitted by the Chicago Zoning Ordinance.

17-9-0114 Residential Support Services.

17-9-0114-A Where Allowed. Residential support services are allowed only when identified as a permitted or special use in the applicable use table and only in buildings containing more than 50 dwelling units .

17-9-0114-B Location and Maximum Area. Residential support services may be located only on the first two floors of a building. Individual business, service or office uses within the Residential Support Service category are limited to a maximum of 5,000 square feet in area. Additional floor area requires special use approval in accordance with Sec. 17-13-0900.

17-9-0115 Shelter Facilities.

17-9-0115-A Notwithstanding any other provision of this Zoning Ordinance, any transitional shelter or temporary overnight shelter in existence as of December 21, 1983, is considered a permitted use regardless of district in which it is located. Any expansion of such existing transitional overnight shelter or temporary overnight shelter will be considered as a new use for purposes of this Zoning Ordinance.

17-9-0115-B Notwithstanding any Zoning Board of Appeals resolution to the contrary, any lawfully established transitional residence, or transitional shelter may be converted to a shelter for victims of domestic violence or abuse without special use approval.

17-9-0115-C The Zoning Administrator is authorized to review shelter applications for the purposes of determining the need, if any, for off-street parking spaces.

17-9-0116 Strip Centers.

17-9-0116-A Site Plan Review. Strip centers are subject to the Site Plan Review procedures of Sec. 17-13-0800.

17-9-0116-B Standards and Guidelines.

1. General. The site plan and elevations for a proposed strip center should demonstrate the proposed building’s compatibility with the existing pattern of development in the neighborhood in which it is to be located. This compatibility must be judged in terms of: building orientation, massing and scale; building materials; access, circulation and parking; service facilities; utility/mechanical equipment, outdoor storage, buffers and screens; landscaping; signs and lighting.

2. Building Orientation.

a.

The proposed building’s primary façade should abut the front property line where the existing pattern of development is characterized by buildings built to the front property line . In such cases, store entries should face or be adjacent to the property line that abuts the street . All walls facing a public street must have show windows, entryways, piers, and/or masonry detailing to enhance the appearance of the building at the street and avoid the appearance of blank walls at the street .

b.

On corner sites, the proposed building must abut one street property line and should abut both street property lines where the existing pattern of development at the intersection is characterized by buildings built to both property lines on the street (aka: “holding the corner”). The front door of each store or office should face or be adjacent to the street . All walls facing a public street must have show windows, entryways, priers, and/or masonry detailing to enhance the appearance of the building at the street and avoid the appearance of blank walls at the street .

3. Traffic.

a.

Site plans must demonstrate safe and attractive accommodation of pedestrians, as well as vehicles.

b.

Driveways must be located as far as possible from street intersections and adjoining residential properties.

c.

The number and width of curb cuts should be kept to the minimum necessary for pedestrian and traffic safety.

d.

Traffic leaving the strip center should be directed away from any adjacent residential area through the use of channelized curbs and signs .

4. Landscaping and Fencing.

a.

Landscaping must be used to screen residential properties from the vehicle noise and headlights associated with strip centers and to soften the visual impact of the parking and vehicular use areas in a manner that is also consistent with the goal of traffic safety and maintenance of appropriate lines-of-sight.

b.

When strip centers are set back from front property lines or side property lines , added landscaping and fencing must be provided along the street frontage to maintain the existing street wall and edge condition typical of urban commercial streets .

c.

Fencing along street frontages must be designed to be integrated with the building’s façade and should be constructed of masonry columns and/or decorative metal materials.

d.

The rear property line adjacent to an alley must be fenced.

5. Signs.

a.

The total allowable area of all signs on the site may not exceed 4 square feet for each linear foot of street frontage .

b.

Signs should be attached to the building.

c.

The use of individual lettering for signs is encouraged and the use of box signs , raceway signs and reader boards is discouraged.

d.

Free-standing sign (i.e., pylon signs ) must be reviewed in terms of the character of signage in the area and the existing pattern of development. Monument signs are preferred, and such signs may not exceed 10 feet above finished grade (measured at the point where the sign is installed) and must be landscaped at the base.

6. Garbage Facilities.

a.

Facilities generating 50 cubic yards or more of garbage a week must install a trash compactor.

b.

All exterior trash receptacles and compactors must be enclosed using materials compatible with the building façade .

7. Loading Facilities. When alley access is authorized by City Council, all loading facilities must be located behind the building or otherwise screened from visibility from the public right- of-way and should be accessed from the alley .

8. Lighting. All lighting must be directed downward and shielded to prevent illumination of adjoining residential property.

17-9-0117 Waste-related Uses, Recycling Facilities, Mining/Excavation Uses, and Coke & Coal Bulk Material Uses.  

17-9-0117-A  Waste-Related Uses, Recycling Facilities, and Mining/Excavation Uses.  Buildings, storage areas and work areas on the site of all waste-related uses, Class III, Class IVB, and Class V Recycling Facilities, and mining/excavation uses must be located at least 150 feet from all R zoning district boundaries, provided that landfills, hazardous waste disposal/storage, and windrow composting  facilities must be located at least  660 feet from R zoning district boundaries.

17-9-0117-B  Coke & Coal Bulk Material Uses.

1.

Neither the storage, placement, retention, loading, unloading, stockpiling, or processing of coke and coal bulk material, nor the undertaking of any improvements or development associated therewith (collectively, “coke and coal bulk material uses”), shall be permitted in any zoning district, with the exception that this prohibition does not apply to any material used in manufacturing cement at any location for which a construction permit and new source review approval from the Illinois Environmental Protection Agency has been obtained prior to the effective date of this subsection 17-9-0117-B, which cement manufacturing may commence and continue as a non-conforming use.

2.

Notwithstanding subsection 17-9-0117-B(1), coke and coal bulk material uses that have been in continuous operation in accordance with lawfully established zoning requirements for at least one year prior to the effective date of this subsection 17-9-0117-B shall be deemed nonconforming and may be continued.  Suspension of any such operation before, on, or after the effective date of this subsection 17-9-0117-B in order to obtain any non-zoning governmental approvals (legislative, judicial, regulatory, or other) required to operate a coke and coal bulk material use shall not affect the operation’s status as a continuous use.  In the event of such a suspension, subsections 17-15-0304-A1 and 17-15-0304-A3 of this zoning ordinance shall not apply so long as the operator of the suspended coke and coal bulk material use is actively engaged in obtaining the aforesaid approvals.

3.

Notwithstanding subsection 17-15-0302-B of this zoning ordinance, no nonconforming use may be changed to, or substituted with, any coke and coal bulk material use.

4.

No expansion of any coke and coal bulk material use shall be permitted.  For purposes of this subsection 17-9-0117-B(4), “expansion” means any extension or increase in the boundaries of the land upon which any existing coke and coal bulk material use is located, based on the lawful boundaries in existence as of the effective date of this subsection 17-9-0117-B.

5.

Owners and operators of coke and coal bulk material uses allowed under this subsection 17-9-0117-B shall report and certify, under penalty of perjury, the following data, expressed in both tons and cubic yards, in quarterly reports submitted to the department of planning and development, pursuant to a form, format, and schedule set by that department:

a.

the total monthly amount of coke and coal received;

b.

the total monthly amount of coke and coal leaving the facility by truck, barge, boat, railcar, or other means of conveyance;

c.

the maximum daily amount of coke and coal present at the facility in each calendar month; and

d.

the monthly coke and coal throughput, i.e., the amount of coke and coal received at a facility in a given calendar month, plus the amount of coke and coal leaving the facility in that same month, divided by 2.

The owners and operators shall include in each quarterly report the method used for determining the values of subsections 17-9-0117-B(5)(a), (b), and (c), and shall maintain for inspection all documents used in preparing the reports for a period of at least 3 years. Violators of this subsection 17-9-0117-B(5) shall be subject to a fine of not less than $1,000 nor more than $5,000. Each day that a violation continues shall constitute a separate and distinct offense. Utilizing these reports and other relevant data, the commissioner of planning and development shall determine what limitations on (1) coke and coal throughput, and (2) the maximum daily amount of coke and coal present at the facility in each calendar month, are necessary to abate the negative impact on the community resulting from the secondary effects of coke and coal bulk material uses (including impaired enjoyment of real and personal property in neighborhoods located near such uses), and shall, no later than March 31, 2015, issue one or more administrative orders setting throughput limitations and maximum daily amount limitations for all owners and operators of coke and coal bulk material uses subject to this subsection 17-9-0117-B(5).

6.

All coke and coal bulk material uses are subject to all applicable sections of the Municipal Code of Chicago, including, but not limited to, sections 11-4-760 and 11-4-770 of that Code, as amended; and to the Rules and Regulations for Control of Emissions from the Handling and Storage of Bulk Material Piles, as well as all other applicable rules and regulations promulgated under any applicable sections of the Municipal Code of Chicago (collectively, “bulk material regulations”).

7.

Nothing in this subsection 17-9-0117-B shall preclude a finding by the City that coke and coal bulk material uses are also waste-related uses and thus subject to the regulations applicable to such uses as well.

8.

Nothing in this subsection 17-9-0117-B shall prohibit or impair the construction or installation of any improvements, nor the undertaking of any operations or maintenance that is required or provided for by the bulk material regulations, with the exception of compliance with subsection 17-9-0117-B(4), the prohibition on expansion of land boundaries.

9.

In the event of any conflict between this subsection 17-9-0117-B and any other provision of this zoning ordinance, the former shall govern.

17-9-0117-C Urban Farm Accessory Composting Operations.

Composting areas in an outdoor urban farm accessory composting operation must be located at least 150 feet from all R zoning district boundaries or at the farthest distance from all R zoning district boundaries, whichever is greater. This section does not apply to an urban farm accessory composting operation conducted within a completely enclosed building. For purposes of an outdoor urban farm accessory composting operation that composts landscape waste only and, otherwise operates in compliance with Section 415 ILCS 5/21(q)(2.5) (A) to (D) of the Illinois Environmental Protection Act, the setback requirement specified in this section is established pursuant to Section 415 ILCS 5/21(q)(2.5)(E) of the Illinois Environmental Protection Act.

Editor’s note – Coun. J. 9-13-06, p. 84870, § 1, renumbered former § 17-9-0117 as § 17-2-0500.

17-9-0117.5 Reserved.

Editor’s note – Coun. J. 9-13-06, p. 84870, § 2, renumbered § 17-9-0117.5 as § 17-9-0117.

17-9-0117.7 Wind Energy Meteorological Tower.

17-9-0117.7-A General Standards .

1. No wind energy meteorological tower may rise more than 300 feet.

2. No wind energy meteorological tower may be constructed within a distance equal to one-and-a-half times the height of an existing wind energy meteorological tower .

3. Wind energy meteorological towers must be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.

4. Wind energy meteorological towers must be enclosed by security fencing not less than 6 feet high and must also be equipped with an appropriate anti-climbing device. The anti-climbing device may not include barbed wire, razor wire, or similar sharp barrier.

5. Wind energy meteorological towers must be landscaped with a buffer of plant materials that effectively screens the view of the tower and associated equipment from adjacent residential properties.

a. The standard buffer must consist of a landscaped strip at least 5 feet wide outside the perimeter of the facility.

b. In locations where the visual impact of the facility would be minimal, the landscaping requirement may be reduced or waived altogether.

c. Existing mature trees (more than 3 inches in diameter) and natural land forms on the site must be preserved to the maximum extent possible. If mature trees are removed, the same number of trees must be planted on the site within 6 months following completion of the tower. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

17-9-0117.7-B Review and Approval Procedure. Each applicant requesting a permit for a wind energy meteorological tower must submit with the application a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing:

a. the location and dimension of all improvements;

b. information concerning topography;

c. tower height requirements and setbacks ;

d. drives, parking, fencing, landscaping , and adjacent uses; and

e. any other information deemed by the Zoning Administrator to be necessary to assess compliance with this Zoning Ordinance.

17-9-0118 Wireless Communication Facilities.

17-9-0118-A General Standards.

1. All wireless communication facilities must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the federal government with the authority to regulate wireless communication facilities.

a.

If such standards and regulations are changed, then the owners of each wireless communication facility governed by this Zoning Ordinance must bring such facility into compliance with such revised standards and regulations within 6 months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.

b.

Failure to bring a wireless communication facility into compliance with the federal standards and regulations, as revised, will constitute grounds for the removal of the wireless communication facility at the owner’s expense.

2. Wireless communication facilities must be designed so as not to cause interference with radio, TV, or other electric appliances.

3. Wireless communication facilities must be set back a minimum of 30 feet from the top of the bank of any waterway.

4. Wireless communication facilities must be designed, constructed and installed to minimize their aesthetic impact on adjoining properties. The design of wireless communication facilities must, to the maximum extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and associated equipment with the natural setting and built environment.

5. Wireless communication towers must maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

6. Towers and antennas may not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the Zoning Administrator or Zoning Board of Appeals, as appropriate, must review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views, consistent with FAA rules.

7. No off-premise sign is allowed on a wireless communication facility, except for co-located facilities attached to an existing and approved sign or its support structure. Wireless communication facilities may have safety or warning signs in appropriate places.

8. No wireless communication facility or accessory structure or any portion thereof, including but not limited to, any associated mounting equipment, hardware or wiring, shall be located on or attached to any rooftop gravity tank or rooftop gravity tank supporting structure.

17-9-0118-B Co-Location on Existing Wireless Communication Facility. Installation of a wireless antenna and associated equipment on an existing wireless communication facility is a permitted use in all zoning districts.

17-9-0118-C Co-Location by Attachment to Existing Structure. This subsection addresses the installation of a tower or antenna and associated equipment on an existing structure, other than a wireless communication facility wireless tower, including but not limited to buildings, light poles, commercial signs, church steeples, and any other freestanding structures.  Such co-located wireless communication facilities, including associated equipment and accessory structures, are subject to the following minimum standards:

1. R, B1, B2, and POS Districts.  In Residential (R) and Neighborhood Business (B1, B2) districts, co-located wireless communication facilities may not extend above the highest point of the structure to which it is attached by more than:

a.

10 feet, if the structure is up to 40 feet high; or

b.

15 feet, if the structure is more than 40 feet high.

2. Other B, C and D Districts. In Business (B), Commercial (C), and Downtown (D) districts, other than those specified in Sec. 17-9-0118-C1, co-located wireless communication facilities may extend up to 15 feet above the highest point of the structure to which it is attached.  Such wireless communication facilities exceeding the height limits established in this section are allowed only if reviewed and approved as special uses in accordance with the procedures of Sec. 17-13-0900.

3. M and T Districts.  In Manufacturing (M) and Transportation (T) districts, such wireless communication facilities may extend up to 15 feet above the highest point of the structure to which it is attached.  Such wireless communication facilities exceeding the height limits established in this section are allowed only if reviewed and approved as special uses in accordance with the procedures of Section 17-13-0900.

4. Antenna Dimensions. Antennas on co-located facilities may not be more than:

a.

4 feet high or wide, if the structure is up to 40 feet high; or

b.

6 feet high or wide, if the structure is more than 40 feet high.

5. Antenna Projection.  The antenna of such a co-located wireless communication facility may not project more than 3 feet from the side of the structure, nor may any  equipment shelter or platform or other supporting electrical or mechanical equipment that is mounted on the structure be located within 5 feet of the outer edge of the structure.

6. Antenna Design.  The antenna and associated equipment of such a co-located wireless communication facility must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure or building so as to make the antenna and associated equipment as visually unobtrusive as possible.

17-9-0118-D Freestanding Facilities.

1. An application for a freestanding facility must include an affidavit of intent committing the site owner, his successors and assigns, the operator, and his successors and assigns to allow the shared use of the tower and to offer at least one potential additional user reasonable terms and conditions for co-location. Failure to abide by such commitment constitutes a violation of this Zoning Ordinance and may result in revocation of the building permit associated with the facility.

2. When a freestanding facility requires special use approval, it may not be granted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board of Appeals that no existing facility or structure can accommodate the applicant’s proposed facility. Evidence submitted to demonstrate that no existing facility or structure can accommodate the applicant’s proposed facility may consist of any of the following:

a.

No existing wireless communication facilities are located within the geographic area required to meet applicant’s engineering requirements.

b.

Existing wireless communication facilities are not of sufficient height to meet applicant’s engineering requirements.

c.

Existing wireless communication facilities do not have sufficient structural strength to support applicant’s proposed antenna and associated equipment.

d.

The applicant’s proposed facility would cause electromagnetic interference with an antenna on the existing tower, or vice versa.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing wireless communication facility, or to adapt an existing wireless communication facility for sharing, are unreasonable.  Costs exceeding new facility development are presumed to be unreasonable.

3. No freestanding facility may rise more than 75 feet above curb level , or 150 feet in Manufacturing (M), Planned Manufacturing (PMD) and Transportation (T) districts. The height limit may be increased, as provided in Sec. 17-9-0118-G2 to 100 feet for one additional user and 120 feet for two additional users.

4. In Residential (R), Business (B), Commercial (C), and Downtown (D) districts, freestanding facilities must be set back a minimum of 30 feet from the rear property line and 20 feet from the front property line . On a corner lot , the 20-foot setback requirement applies to both property lines fronting on the public way .

5. In M, PMD and T districts, freestanding facilities must be set back a minimum of:

a.

30 feet from a property line that serves as a common boundary line between an M, PMD or T district and an R district or is located in an alley adjacent to an R District; and

b.

20 feet from any property line adjoining a public way . On a corner lot , the 20-foot setback requirement applies to both property lines fronting on the public way .

6. There may be no more than one freestanding facility per zoning lot , except in M, PMD or T districts, which may have more than one freestanding facility .

7. Except in M, PMD and T districts, no freestanding facility may be located within 1,320 feet of any existing freestanding facility .

8. Towers must be of monopole construction (cylindrical, tapering steel tubes without guy wires).

9. Towers must be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.

10. Freestanding facilities must be enclosed by security fencing not less than 6 feet high and must also be equipped with an appropriate anti-climbing device. The anti-climbing device may not include barbed wire, razor wire, or similar sharp barrier.

11. Wireless communication facilities must be landscaped with a buffer of plant materials that effectively screens the view of the tower and associated equipment from adjacent residential properties.

a.

The standard buffer must consist of a landscaped strip at least 5 feet wide outside the perimeter of the facility.

b.

In locations where the visual impact of the facility would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature trees (more than 3 inches in diameter) and natural land forms on the site must be preserved to the maximum extent possible. If mature trees are removed, the same number of trees must be planted on the site within 6 months following completion of the tower. In some cases, such as towers sited on large, wooded lots , natural growth around the property perimeter may be sufficient buffer.

12. Freestanding facilities which are accessory to police and fire operations, and used only for public safety purposes, may rise up to 150 feet above curb level and may be within 1,320 feet of another freestanding facility .  Any required setback may be reduced by the Zoning Administrator or the Zoning Board of Appeals, as applicable, pursuant to Section 17-13-1003-I, Section 17-13-1101-B or Section 17-13-1101-L of this Code.

17-9-0118-E Abandonment or Discontinuation of Use.

1. At such time as the operator of a wireless communication facility plans to abandon or discontinue operation of the facility, the operator must notify the Zoning Administrator by certified mail of the proposed date of abandonment or discontinuation of operation. Such notice must be given no less than 30 days before abandonment or discontinuation of operation.

2. In the event that the operator fails to give such notice, the facility will be deemed abandoned upon such discontinuation of operation.

3. Upon such abandonment or discontinuation of use, the operator must physically remove the wireless communication facility within 120 days from the date of abandonment or discontinuation of use. “Physically remove” includes, but is not limited to:

a.

removal of tower, antennas, mount, equipment shelters or platforms and security barriers from the subject property;

b.

proper disposal of the waste materials from the site in accordance with applicable solid waste disposal regulations; and

c.

restoration of the location of the wireless communication facility to its natural condition, except that any landscaping and grading must remain.

4. In the event that the operator fails to remove a wireless communication facility in accordance with the provisions of this section, upon the city’s provision of 30 days written notice to the operator, the city or its agents has the authority to enter the subject property and physically remove the facility. The operator of the facility, or the owner if different from the operator, is liable to the city for all costs associated with entry and removal. This liability will be collectible in the same manner as any other personal liability.

17-9-0118-F Review and Approval Procedures.

1. A building permit is required for each wireless communication facility installation.

a.

When a wireless communication facility requires special use approval, such approval must be obtained before any building permit may issue.

b.

If the Zoning Board of Appeals does not render a final decision on a special use application for a wireless communication facility within 120 days after the application is filed, the application will be considered to be approved, provided that this limitation does not apply during any period of time during which consideration of the application has been delayed at the request of the applicant.

c.

The Alderman in whose ward a wireless communication facility is to be constructed must be provided by the operator with a copy of drawings for the proposed facility that show its configuration, location, base design, scale and size at least 10 days before filing of the application for a building permit or special use application.  The operator may redact or exclude confidential or proprietary information before providing such drawings.

d.

All property owners within a 250-foot radius of the location of the proposed installation must be provided with a copy of the building permit application by the operator at least 10 days before filing of the application. Such copy shall be provided by first-class mail, with USPS proof of delivery. The operator shall furnish to the official responsible for accepting the application a written affidavit certifying compliance with the notice requirement of this subsection, such affidavit to be accompanied by USPS proof of delivery. The requirements of this subsection (d) shall not be required with respect to proposed installations in downtown districts.

e.

The operator shall also provide Posted Notice of the proposed installation pursuant to the requirements of Section 17-13-0107-C.

2. Each applicant requesting a permit for a wireless communication facility must submit with the application a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing:

a.

the location and dimension of all improvements;

b.

information concerning topography;

c.

radio frequency coverage;

d.

tower height requirements and setbacks;

e.

drives, parking, fencing, landscaping, and adjacent uses; and

f.

any other information deemed by the Zoning Administrator to be necessary to assess compliance with this Zoning Ordinance.

3. Applications for a wireless communication facility filed before the effective date of this Zoning Ordinance are subject to the requirements of all applicable ordinances in effect at the time the application was filed.

4. Approved wireless communication facilities may be transferred to successors and assigns of the approved party, subject to all of the conditions that apply to initial approval.

17-9-0118-G Waiver. The Zoning Board of Appeals may waive any of the non-federally-mandated requirements of this section pertaining to height limitations, setback requirements, and camouflage and landscaping if it determines that the goals of this section are better served thereby.  Provided, however, that the Zoning Board of Appeals may not waive any of the non-federally-mandated requirements of this section pertaining to the prohibition of wireless communication facilities on rooftop gravity tanks and rooftop gravity tank supporting structures.

1. Setback requirements may be modified if the applicant shows, to the satisfaction of the Zoning Board of Appeals, that such modification will result in a reduction of the visual impact of the wireless communication facility .

2. The height increases authorized in Sec. 17-9-0118-C2 and Sec. 17-9-0118-D3 are available only if the applicant shows, to the satisfaction of the Zoning Board of Appeals, that:

a.

the facility will be constructed to safely and effectively accommodate co-location of one or more wireless communication facilities comparable in weight, size and surface area to the applicant’s wireless communication facility; and

b.

certified letters have been sent to all other wireless carriers licensed to serve the Chicago market notifying them of the construction of the wireless communication facility and its availability for co-location.

17-9-0119  Location restrictions for certain retail food establishments – Live poultry.   No retail food establishment that sells live poultry or other live fowl at retail, or that slaughters or causes to be slaughtered for sale live poultry or other fowl at retail, shall be located within 200 feet from any place or structure: (1) in which is located a retail or wholesale food establishment; (2) is used for residential purposes; or (3) is used as a place of religious assembly, primary or secondary school, library, hospital, public park or public playground, measured from property line to property line.

17-9-0120  Shooting ranges.   Shooting ranges may not be located in any of the following areas or locations:

17-9-0120-A within 100 feet of another existing shooting range;

17-9-0101-B within 500 feet of any zoning district that is zoned for residential use, including a planned development that authorizes residential use;

17-9-0101-C within 500 feet of any pre-existing school, day-care facility, place of worship, premises licensed for the retail sale of liquor, children’s activities facility, library, museum or hospital.

17-9-0125  Payday/title-secured loan store.   A payday/title-secured loan store may not be located within 1,000 feet of another existing payday/ title-secured loan store.

17-9-0127  Pawn shop.   A pawn shop may not be located within 1,000 feet of another existing pawn shop.

17-9-0128  Firearms dealer.  A firearms dealer may not be located within 500 feet of any primary or secondary school or any park owned or leased by any unit of local, state or federal government, measured from property line to property line.

17-9-0129  Medical cannabis dispensing organizations and cultivation centers.  Medical cannabis dispensing organizations and cultivation centers shall comply with the following standards:

1. Medical cannabis dispensing organizations and cultivation centers shall not be located in any building, or other structure, that contains a dwelling unit.

2. Medical cannabis dispensing organizations and cultivation centers shall be required to retain the services of an Illinois licensed private security contractor and maintain a private security contractor presence at their facilities 24 hours per day and 7 days per week.

3. The loading and unloading of any cannabis or cannabis-infused products shall be conducted under the supervision of an Illinois licensed private security contractor.

4. Medical cannabis dispensing organizations shall not be maintained or operated in a manner that causes, creates, or allows the public viewing of any cannabis, cannabis-infused products, cannabis paraphernalia, or similar products from any sidewalk, or public or private right-of-way.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 4-6-05, p. 46179; Amend Coun. J. 9-14-05, p. 55917; Amend Coun. J. 2-8-06, p. 70306, § 1; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 9-13-06, p. 84912, § 2; Amend Coun. J. 4-9-08, p. 24657, § 7; Amend Coun. J. 4-22-09, p. 59710, § 1; Amend Coun. J. 5-13-09, p. 62733, §§ 1, 2; Amend Coun. J. 5-13-09, p. 62736, § 1; Amend Coun. J. 5-12-10, p. 92101, § 1; Amend Coun. J. 6-9-10, p. 93530, § 6; Amend Coun. J. 6-9-10, p. 94410, § 1; Amend Coun. J. 2-9-11, p. 112149, § 24; Amend Coun. J. 6-8-11, p. 1725, § 5; Amend Coun. J. 9-8-11, p. 7541, § 7; Amend Coun. J. 9-8-11, p. 7562, § 1; Amend Coun. J. 11-2-11, p. 12140, § 1; Amend Coun. J. 11-16-11, p. 17064, § 1; Amend Coun. J. 5-9-12, p. 27485, §§ 191, 192; Amend Coun. J. 6-27-12, p. 30744, § 4; Amend Coun. J. 7-25-12, p. 31627, § 1; Amend Coun. J. 11-8-12, p. 38872, § 247; Amend Coun. J. 1-17-13, p. 45370, § 7; Amend Coun. J. 1-17-13, p. 45622, § 1; Amend Coun. J. 2-13-13, 47141, § 1; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 4-20-14, p. 80394, § 7; Amend Coun. J. 6-25-14, p. 83727, § 14; Amend Coun. J. 7-30-14, p. 86194, § 6; Amend Coun. J. 7-30-14, p. 86203, §§ 15 – 17; Amend Coun. J. 12-10-14, p. 101210, § 2; Amend Coun. J. 1-21-15, p. 102089, § 1; Amend Coun. J. 4-15-15, p. 106130, § 17, 18; Amend Coun. J. 7-29-15, p. 4110, § 4; Amend Coun. J. 7-29-15, p. 4122, § 2)

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