§ 2. General provisions.
A.
Interpretation.
1.
In the interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.
2.
Where the conditions imposed by any provision of this ordinance upon (a) use of land or buildings, (b) the bulk of buildings, (c) floor area requirements, (d) lot area requirements, and (e) yard requirements, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
3.
This ordinance is not intended to abrogate any easement, covenant or other private agreement, provided that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this ordinance shall govern.
4.
No building, structure, or use, not lawfully existing at the time of the adoption of this ordinance, shall become lawful or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any manner that said unlawful building structure, or use is in conflict with the requirements of this ordinance, said building, structure, or use remains unlawful hereunder.
B.
Scope of regulations.
1.
All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the zoning districts in which such, buildings, uses or land shall be located.
2.
However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance, and provided construction is begun within six months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use of which originally designated, subject thereafter to the provisions of section 2L, Nonconforming buildings, structure and uses.
3.
Where a building permit has been issued pursuant to the provisions of this ordinance, such permit shall become null and void unless work thereon is substantially underway within six months of the date of the issuance of such permit.
4.
A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
5.
Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this ordinance, except that side yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas.
6.
No land which is located in a residential district shall be used for driveways, walkways, or access purpose to any land which is located in a business or manufacturing district, or used for any purpose not permitted in a residential district.
C.
Building on a lot. In all residential and commercial districts, except in the case of planned developments and municipal complexes, not more than one principal detached building shall be located on a lot.
D.
Substandard lots.
In the case of any lot which is substandard in area by the terms of the ordinance, but once was considered legally buildable and thereafter singly and separately held in fee ownership, the rights acquired or existing therein, for the use of the lot as a buildable parcel, shall terminate and become nonexistent and void should the substandard lot be joined in fee with any adjoining land, thereby creating a parcel to conform with the area requirements of the ordinance, or thereby enlarging a parcel already conforming with such requirements. Such merger shall be deemed to occur when the same person or persons acquire, obtain or have fee ownership in both parcels whether by purchase, sale, demise, gift, or otherwise.
E.
Allowable use of land or building. The following uses of land, buildings or structures are allowed in the districts indicated hereinafter.
1.
Use lawfully established and existing on the effective date of this ordinance.
2.
Uses lawfully established and existing on the effective date of this ordinance, rendered nonconforming by the provisions herein, shall be subject to the regulations of subsection L of this section.
3.
Permitted uses as designed in sections 4, 5, and 6.
4.
Special uses as designed in sections 4, 5, and 6.
F.
Control over use. No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations specified for the district in which it is located.
G.
Control over bulk. Except in the case of planned development, all new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such manner as to conflict with bulk regulations of this ordinance for the district in which such building shall be located.
H.
Accessory building and uses.
1.
Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation, or culture of pigeons, poultry, or overstock, whether or not for profit.
2.
No accessory building, unless it is structurally a part of the principal building and unless it conforms with requirements of accessory building for special uses, shall be erected or altered at, nor moved to, a location within 10 feet of the nearest wall of the principal building, nor within required area for front or side yard of the lot, as set forth for the district, and in residential districts an accessory building in a rear yard shall be not less than five feet away from any property line.
3.
No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.
4.
No accessory building shall have more than one story nor exceed 17 feet in height unless otherwise permitted as accessory to business and manufacturing uses, or to authorized special uses.
5.
A dish antenna shall be permitted as an accessory structure, provided:
a.
It is located in a rear yard, and:
i.
For a corner lot, it is set back from a street line not less than the distance the principal building is set back,
ii.
Its diameter does not exceed ten feet,
iii.
Its height does not exceed 12 feet,
iv.
It is located not less than five feet from any lot line abutting a residential district,
v.
Seventy percent of its surface area is screened from any street line in a residential district by a well-maintained masonry wall of brickwork or stonework, solid wood fence, densely planted compact hedge, or berm and hedge,
vi.
It is a neutral color comprising shades of black, white, grey or beige, and,
vii.
It is not labeled with any advertisements or logos; or
b.
It is located on the roof of a primary or accessory building, and:
i.
If located on the roof of a principal or attached accessory building, it is placed on that half of the roof which is farthest from the street line,
ii.
Its diameter does not exceed five feet in R-1 or R-2 districts or ten feet in any other zoning district, provided it is closer than 25 feet to a residential district,
iii.
Its total height does not exceed either the maximum height of the district in which it is located or 12 feet above the height of the building on which it is located, whichever is less, and
iv.
It is of a neutral color comprising shades of black, white, grey or beige.
c.
No more than one dish antenna is located on a zoning lot.
d.
Dish antennas exceeding this Section's provisions may be erected by special use permit, provided the zoning board of appeals determines it is impractical to construct the dish antenna in accordance with this Section's provision, and that the dish antenna will not unduly detract from the character of the neighborhood or the enjoyment of adjacent properties.
e.
Any nonconforming dish antenna shall either be removed or brought into conformance with the provisions of this section whenever the ownership of either the dish antenna, or the real property on which the dish antenna is located, is transferred to another owner. (Ord. No. 31-94)
I.
Personal wireless telecommunications facilities.
1.
Purpose and interpretation; procedure; definitions.
a.
The purpose of this section 2(I) is to provide specific regulations for the placement, construction, and modification of personal wireless telecommunications facilities. The provisions of this section 2 (I) are not intended and shall not be interpreted to prohibit, or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this section 2(I) be applied in such manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this section 2(I) are inconsistent with any other provision of this ordinance, the provision of the section 2(I) shall be deemed to control.
b.
In the course of reviewing any request for any approval required under the chapter made by an applicant to provide personal wireless service facilities, the zoning board of appeals or the board of trustees, as the case may be shall act within a reasonable period of time after the request is duly filed with the town, taking into account the nature and scope of the request, and any decision to deny such a request shall be made in writing and supported by substantial evidence.
c.
Should the application of this section 2(I) have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the town, such provider may petition the board of trustees for an amendment to this section in the manner provided in the ordinance. The board of trustees, upon receipts of such petition shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable time, taking into account the nature and scope of the petition, and any decision to deny such a petition shall be in writing and supported by substantial evidence.
d.
The terms "personal wireless service" and "personal wireless service facilities" used in this section, shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(c), as amended.
2.
Permitted placement of personal wireless facilities.
a.
A public utility service use which satisfies the definition of personal wireless service facilities, shall be considered a special use, whether principal or accessory, and shall not require a height variation where:
(1)
The personal wireless service facilities are located on property zoned M-1, M-2, M-3, C-2 (but only if the provider is seeking to locate at a property where there is an existing personal wireless service facility), R-1 or R-2, provided, if in an R-1 or R-2 district, the personal wireless service facilities are located on property in which 100 percent of the use thereof is nonresidential and noncommercial in nature and, further provided, that the requirements described in Section 2(I)(3)(a) hereof are satisfied. (Ord. No. 156-02; Ord. No. 32-11, § 3, 5-10-2011)
(2)
The personal wireless service facility otherwise conforms to all minimum set back and yard requirements of this ordinance and also conforms to all applicable federal laws and regulations concerning its use and operation; and
(3)
The personal wireless service facility is directly affixed to an existing building; or the height of the personal wireless service facility does not exceed ten feet above the roof of an existing building if the personal wireless service facility uses a roof mounted antenna pole; or the height above grade of the personal wireless service facility does not exceed 73 feet if mounted on a free-standing antenna pole.
(a)
A public utility service use which satisfies the definition of personal wireless service facility, shall be considered a special use, whether principal or accessory, and shall require a height variation for that portion of the height of the personal wireless service facility in excess of the maximum height requirements set forth in section 2.I.2.a.(3) provided that the facility satisfies the other requirements set forth in section 2.I.2.a.
(b)
In considering a request for approval of a special use or variations to permit the installation of personal wireless service facilities as described in this section, the zoning board of appeals or board of trustees, as the case may be, shall in addition to the standards for special use and variations set forth in this ordinance, give due consideration and weight to whether the plans submitted will provide for co-location of other personal wireless service requirement on the same structure, so as to minimize the proliferation of antenna-supporting structures.
(c)
In considering a request for approval of a special use or variations to permit the installation of personal wireless service facilities as described in this section, the zoning board of appeals, or the board of trustees, as the case may be, shall in addition to the standards set forth for special uses or variations in this ordinance, also give due consideration and weight to whether the applicant has sought and has been denied the opportunity to co-locate its personal wireless service facility on an existing antenna supporting structure;
(d)
In considering a request for approval of a special use or variations to permit the installation of personal wireless service facilities as described in this section, the zoning board of appeals, or the board of trustees, as the case may be, may be express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to co-locate additional personal wireless facilities on a free-standing pole which is part of the applicant's proposed personal wireless service facility, where such a co-location is technically feasible.
(e)
If a public utility service use which satisfies the definition of personal wireless service facility desires to co-locate its personal wireless service facilities on existing antenna-supporting structures, including those deemed nonconforming under this section, such use shall require approval of the zoning administrator. Any denial of such request shall be made in writing and supported by sufficient evidence.
3.
Prohibited placement of personal wireless facilities.
a.
Personal wireless facilities shall be deemed a prohibited use in R-3, R-4, C-1 and C-2 districts. Further, they shall be deemed a prohibited use in R-1 and R-2 districts, unless: (i) the personal wireless facilities are located on property in which 100 percent of the use thereof is nonresidential and noncommercial in nature, regardless of the zoning classification of said property; and (ii) the design of such personal wireless facilities is a "stealth" design (including, without limitation, a flagpole design with a flag atop the pole) if a monopole structure, or is such that the personal wireless facilities are completely screened if affixed to a building or located on a roof-mounted pole, so that, in any event, all antennas and other equipment related to the personal wireless facilities are camouflaged, concealed, disguised and otherwise not readily recognizable as telecommunications equipment. No variation or special use permit shall be granted to allow these facilities in the aforementioned prohibited zoning districts, except as provided above with respect to R-1 and R-2 districts and except that a special use permit may be granted to allow a personal wireless facility in an area zoned C-2 when the applicant is seeking to install a facility at a property where there is already an existing facility. (Ord. No. 156-02; Ord. No. 32-11, § 4, 5-10-2011)
b.
No public utility service use which satisfies the definition of personal wireless service facilities, as referenced in this section, shall be permitted in any zoning district unless it complies with all applicable federal laws and regulations concerning its use and operation.
4.
Nonconformities. Any personal wireless service facility installed and operating prior to the enactment of this section, which would be prohibited hereunder, shall be considered a legal nonconforming use and/or legal nonconforming structure, and shall be subject to the rules concerning these conformities provide herein. (Ord. No. 127-01)
J.
Special uses.
1.
To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in section 8.
2.
Where a use exists on the effective date of this ordinance and it is classified as a special use by said ordinance, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements, for expansion of unlawful special uses may be made with the area of the lot included in the ownership existing at the time of adoption of this ordinance, and they shall be subject to yard, floor area ration, and building height requirements set forth in this ordinance for permitted uses in the districts in which they are located.
K.
Permitted obstructions in yards. For the purpose of this ordinance, the following shall not be considered as obstructions when located in the yards indicated:
1.
In any yards. Chimneys, overhanging roof eaves, open terraces, marquees, and awnings adjoining the principal building if they do not exceed ten percent of the depth of the yard, and ornamental light standards and flagpoles, and trees and shrubs. On corner lots obstructions and trees and shrubs not higher than 24 inches above curb level if located in that portion of a required front or side yard situated within 20 feet of the lot corner formed by the intersection of any two street lines.
2.
In front yards. No obstructions shall be permitted.
3.
In side yards. Open accessory off-street parking spaces except in a side yard abutting a street.
4.
In rear yards. Private garages, if attached or structurally a part of the principal building, private garages, detached; open accessory off-street parking spaces, accessory sheds, tool rooms, or other similar accessory buildings; recreational and laundry drying equipment; arbors and trellises; fences constructed in accordance with the Town of Cicero Code of Ordinances, except in manufacturing districts; and a side yard which adjoins a street shall be considered as a front yard. Accessory buildings or structures may occupy not more than 30 percent of a rear yard. For purposes of this section, decks with total area of less than ten percent of total lot area are not accessory structures (Ord. No. 95-96; Ord. No. 196-99)
L.
Yards, general.
1.
The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.
2.
No lot shall be reduced in area so that the yards or other open space become less than required by this ordinance.
3.
On street where a front-yard setback has been maintained for buildings existing on lots or tracts having a frontage on one side of that portion of any street lying between two intersecting streets, there shall maintained a front-yard setback of not less than the average of the aforementioned existing buildings, but not less than ten feet.
4.
On a vacant through or corner lot, either of the lot lines abutting a street right-of-way may be established as its front lot line, except that where two or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot a front yard shall be provided along any lot line abutting a street.
M.
Nonconforming uses of land and buildings.
1.
Nonconforming uses of land. In the residential districts, where open land is being used as a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued no later than eight years from the date of passage of this ordinance. During the eight-year period, such nonconforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as shed, tool house, storage building, office, or trailer, shall be removed at the end of the eight-year period, or if such building is so constructed as a permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter both land and building shall be used only as conforming use.
2.
Nonconforming use of building. Except as otherwise provided herein, the lawful use of a building existing at the effective date of this ordinance, may be continued, although such use does not conform to the previsions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. Nothing contained herein shall be interpreted to permit the structural alteration, or addition, to an existing nonconforming use.
3.
Discontinuance of nonconforming uses. No building or portion thereof used in whole or in part for a nonconforming use in a residential district, which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential district in which it is located.
4.
Destruction of nonconforming use. No building which has been damaged by any cause whatsoever, to the extent of more than 50 percent of the fair market value of the building immediately prior to the damage, shall be restored except in conformity with the regulations of this Ordinance, and all right as a nonconforming use are terminated. If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.
5.
Special uses not conforming. Existing uses eligible for special use permits shall not be nonconforming uses but shall require a special use permit for any alterations, enlargements, or extensions.
6.
Intermittent uses. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use on the part of a lot or tract and shall not be construed to establish a non conforming use on the entire lot or tract.
7.
Existence of a nonconforming use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the board of appeals after public notice and hearing and in accordance with the rules of the board.
8.
Nonconforming use not validated. A nonconforming use in violation of a provision of the ordinance which this ordinance repeals shall not be validated by the adoption of this ordinance.
9.
Amortization of nonconforming buildings and structures. In any district, any lawfully existing building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, shall abated or it shall be altered, remodeled or converted to a building or structure designed for a use permitted in the district in which it is located, shall be abated or it shall be altered, remodeled or converted to a building or structure designed for a use permitted in the district in which it is located within 180 days after termination of the respective periods of time set forth hereafter and which are fixed as the normal useful life of said building and structures:
a.
Buildings or structures and all other improvements which shall on July 1, 1976, or at the end of the year following the year in which erected, whichever is the last to occur, have an assessed valuation before equalization of less than $5,000.00 but more than $2,000.00 in accordance with the following types of construction classification.
(1)
Fireproof and fire resistive construction 40 years from date of the building permit for the construction of either the entire structure or the initial part thereof, or 30 years from July 1,1976, whichever last occurs.
(2)
Exterior masonry wall construction 35 years from date of the building permit for the construction of either the entire structure of the initial part thereof, or 25 years from July 1, 1976, whichever last occurs.
(3)
Light noncombustible ordinary and frame construction—30 years from date of the building permit for the construction of either the entire structure or the initial part thereof, or 20 years from July 1, 1976, whichever last occurs.
b.
Building or structures and all other improvements which shall on July 1, 1976, or at the end of the year following the year in which erected, whichever is the last to occur, have an assessed valuation before equalization under $2,000.00.
(1)
Eight years from date of the building permit for the construction of either the entire or initial part thereof, or four years from July 1, 1976, whichever is later.
c.
A nonconforming use of a building or structure subject to the amortization provisions of the section shall be terminated and shall not thereafter be continued on the premises after the end of the applicable period of time as set forth in this section.
N.
Lot coverage of impermeable surfaces. The following percentages represent the permissible coverage of impermeable surfaces in the required front and rear yards in residential districts.
1.
R-1 single-family and two-family districts, except for municipal complexes, which shall be excluded from this requirement.
a.
Front yard—Not more than 50 percent.
b.
Rear yard—Not more than 55 percent.
2.
R-2 multiple—Family districts.
a.
Front yard—Not more than 55 percent.
b.
Rear yard—Not more than 60 percent.
3.
R-3 residential—Commercial district.
a.
Front yard—Not more than 75 percent.
b.
Rear yard—Not more than 80 percent.
4.
R-4 apartments—Commercial district.
a.
Front yard—Not more than 90 percent.
b.
Rear yard—Not more than 90 percent.
A permit shall be required for the construction of any impermeable surface obtainable from the zoning administrator.
O.
Height regulations near airports. The following special height limitations shall apply to areas within three miles of the boundary lines of Midway Airport.
1.
Within 7,500 feet from the nearest airport boundary, no building structure or portion thereof shall exceed a height above curb level of 25 feet, or one foot for each 50 feet that such building or structure is distant from such boundary, whichever height is greater.
2.
Between 7,500 feet and two miles from the nearest airport boundary, no building, structure, or portion thereof, shall exceed a height above curb level of 150 feet.
3.
Between two miles and three miles from the nearest airport boundary, no building, structure, or portion thereof shall exceed a height above curb level of 150 feet plus one foot for each 40 feet that such building or structure is more distant than two miles from such airport boundary.
P.
Exceptions to minimum lot area and width. The minimum lot area and lot width requirements shall not apply where a lot of record at the time of the effective date of this ordinance has less area or width than herein required in the district in which it is located. Said lot may nevertheless be used for any use permitted in the district in which it is located.
(Ord. No. 103-06, § 3, 9-12-2006)