HomeMy WebLinkAboutORDINANCES-2001-100-O-0109/13/01
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AN ORDINANCE
Amending the Text of the Zoning Ordinance in
Section 6-4-6-3, Table 4A and Section 6-4-6-6 to
Allow Certain Satellite Dish Antennas as Permitted
Uses on Any Zoning Lot
WHEREAS, the Plan Commission held a public hearing on April 11, 2001
pursuant to proper notice in case no. ZPC 01-03 (T) to consider amendments to the
Zoning Ordinance to allow certain satellite dishes as permitted uses on any zoning lot;
and
WHEREAS, the Code of Federal Regulations in 47 CFR Part 1.4000,
implementing the Section 207 of Telecommunications Act of 1996, PL 104-104,
• imposes certain restrictions upon municipal regulation of satellite dish antennas; and
WHEREAS, imposition of zoning regulations upon satellite dish antennas of less
than one meter or three feet, three and one -quarter inches, is among the prohibitions if
such regulations impair installation, maintenance, or use of an antenna; and
WHEREAS, amendments to the City's Zoning Ordinance for consistency with the
aforedescribed federal regulations are appropriate; and
WHEREAS, the Plan Commission, after hearing testimony and receiving other
evidence, made a written record and findings pursuant to Section 6-3-4-5 of the Zoning
Ordinance that the subject amendments met the standards for amendments to the text
of the Zoning Ordinance; and
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WHEREAS, the Planning and Development Committee of the City Council •
considered and adopted the Plan Commission's findings at its September 24, 2001
meeting and recommended approval of the said text amendments; and
WHEREAS, the City Council considered the records and recommendations of
the Plan Commission and the Planning and Development Committee at its September
24, 2001 and October 8, 2001 meetings, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 6-4-6-3, Table 4-A of the City Code of the City of
Evanston, 1979, as amended, be, and it hereby is, further amended to read as follows:
Section 6-4-6-3, Table 4-A:
Yard Distrn t
3. Antennas greater than one meter (3 feet 3'/4 inches) in diameter, or such R Rs
other dimensions as may be established by 47 CFR 1.40001 (subject to the
conditions of Section 6-4-6-6)
F S R N-Rsd
SECTION 2: That Section 6-4-6-6 is hereby amended, to read as follows:
6-4-6-6: SPECIAL REGULATIONS APPLICABLE TO SATELLITE DISH
ANTENNAS:
(A) Purpose and Applicability: The purpose of this Section 6-4-6-6 is to
ensure that satellite dish antennas, whether accessory to principal uses, or as
principal uses, are compatible in character and appearance with the surrounding
neighborhood or area of the zoning districts in which they are located. The
provisions of this section apply to every satellite dish antenna greater than one
meter (3 feet 3 114 inches) in diameter, or such other dimensions as may be
established by 47 CFR 1.4000, installed or modified after the effective date of
this Ordinance.
(B) Satellite Dish Antennas Authorized: Satellite dish antennas,
accessory to permitted uses, are permitted in the residential and nonresidential
47 Code of Federal Regulations Part 1.4000, as it may be amended.
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districts. Any satellite dish antenna, however, that is proposed to be installed or
• modified as an accessory use to an existing or proposed special use, or which as
proposed does not comply with the requirements of this Section 6-4-6-6, shall
require special use approval pursuant to the provisions of Section 6-3-5, "Special
Uses".
(C) Residential Districts: In all residential districts one ground mounted
satellite dish antenna accessory to a permitted use and having a diameter not
greater than 10 feet shall be permitted per lot, in the rear yard only, up to a
maximum height of 12 feet above the adjacent ground level and no closer than
10 feet from any lot line shall be permitted. The antenna shall be neutral in color
and, to the extent possible, compatible in character and appearance with the
surrounding neighborhood.
(D) All Nonresidential Districts; Roof Mounted Antennas: In all
nonresidential districts, roof mounted satellite dish antennas accessory to
permitted uses, each having a diameter not greater than 10 feet, may be erected
on the roof of the principal building or, in the University districts only, on a
building containing at least 50,000 gross square feet of area, up to a maximum
height of 35 feet above the maximum height of the building on which it is located
provided:
1. In all nonresidential districts except the University districts
• such antennas shall not be located between a building and a front
lot line.
2. In the University districts only, such antennas shall be
located a minimum of 250 feet from the lot line or in such location
that they are not visible from the street; and
3. Such antennas and their support structures shall be neutral
in color and, to the extent possible, compatible with the appearance
and character of the neighborhood in which they are located.
(E) Industrial Districts; Ground Mounted Satellite Dish Antennas:
Ground mounted satellite dish antennas, each having a diameter not greater than
10 feet, may be erected in the 11 Industrial/Office District and the 12 General
Industrial Districts up to the maximum building height allowed in each district,
provided:
1. Such antennas shall not be located between a building and a
front lot line.
2. The visual impact of such antennas shall be reduced by
screening approved by the Zoning Administrator.
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3. Such antennas shall be neutral in color and, to the extent
possible, compatible in appearance and character with the •
surrounding neighborhood.
(F) Nonresidential Ground -Mounted Satellite Dish Antennas On Lot
Abutting Residential District: Any ground -mounted satellite dish antennas in a
nonresidential district located on a lot or parcel that abuts a residential district
shall be placed a minimum of 10 feet from any lot line and effectively screened
by a solid fence, wall, or dense screening hedge to a minimum height of 6 feet.
Such fence, wall, or hedge shall be located on or near the lot line abutting the
residential district and shall otherwise comply with the applicable zoning
requirements of this Ordinance governing its location.
(G) All Zoning Districts Except D1, D2, D3, And D4 Downtown Districts:
In any zoning district, except D1, D2, D3, and D4 Downtown Districts, one
permanent extendible, retractable, or telescoping ground -mounted tower, mast or
support, with an accompanying antenna that is accessory to a permitted or
special use may be erected to a maximum height of 70 feet above established
grade; provided such antennas shall only be located in a side or rear yard a
minimum of 10 feet from any lot line. Such antenna shall be kept in a lowered
position when not in use.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: That this ordinance shall be in full force and effect upon passage
and approval.
Introduced: •'�
Adopted:
ATTEST:
it/ Clerk
, 2001
, 2001
Appro d: rc
2001
Mayor
n
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ApproFedoas to form:11
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Corpon Counsel
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