§ 23-6.8. Performance/Standards: Residential Zones.

a.

Pets in Residential Zones. In all residential zones, the keeping of pets of a type readily classifiable as being customarily incidental to a permitted principal residential use is permitted when no commercial activity is involved in compliance with this section.

b.

Temporary Animal Husbandry or Agricultural Educational Project. A temporary agricultural or animal husbandry activity or project conducted primarily for educational purposes or school credits shall be permitted in any residential zone, as well as those areas designated for residential, and use within a PC-Planned Community Zone, subject to the following conditions:

1.

The issuance of a use permit approved by the Zoning Administrator as provided in Article 23-19.

2.

Said use permit shall not be granted for a period of time exceeding two (2) years from the date of final determination of the application.

3.

The fee for the use permit shall be as provided by ordinance or resolution of the City Council.

c.

Equine Animals. The keeping of equine animals for recreational purposes only is hereby permitted provided no equine shall be permitted on a building site containing less than ten thousand (10,000) square feet of land area. The number of equine kept for noncommercial purposes is established as follows:

Square Footage of Lot	Maximum Number of Animals
10,000—14,000 square feet	2
15,000—24,000 square feet	3
25,000—34,999 square feet	4
35,000—44,999 square feet	5
Over 45,000 square feet	6

 

Lot square footage relates to that which is owned or leased contiguous land in the aggregate. The maximum number of adult equine for any one (1) building site shall be six (6). The offspring of such animals shall be considered adults when eight (8) months old.

d.

Wild and Exotic Animals. The keeping of wild, exotic or nondomestic animals shall be prohibited in all R Zones.

e.

Antennae and Towers in R Zones. In all R Zones, antennae and support masts and/or towers may be installed, erected and maintained subject to the following regulations:

1.

An antenna supported by a mast, the combined height of which when extended to its maximum height does not exceed twenty (20) feet above the highest part of the roof of the main buildings, provided that the antenna length, width, and height are not greater than fifteen (15) feet by ten (10) feet by five (5) feet, or

2.

An antenna with a single vertical radiating element attached to a mast, the combined height of which extended to its maximum height is less than twenty-five (25) feet above the highest point of the roof of the main building with each ground plane radial not exceeding ten (10) feet in length located at the base of the vertical radiating element.

3.

The location of any antenna and mast or tower on the property shall be restricted so that if the antenna and mast or tower were to fall down when extended to its maximum extension, it would fall completely within the property of the antenna owner and could not possibly fall on any other property not owned by the antenna owner or on any overhead power line.

f.

Lighting. Lighting in all R Zones designed or maintained primarily for security or safety may be operated twenty-four (24) hours a day provided that the lighting is designed, constructed, mounted and maintained so that the direct rays of the light are directed to the interior of the lot and do not extend beyond the property lines of the lot and that the individual bulbs used for such security lighting shall not exceed sixty (60) watts.

g.

Satellite Receiving Antennas and Small Diameter Satellite Receiving Antennas.

1.

Purposes. Consistent with federal mandates specified in 47 C.F.R. 25.104, these regulations are designed to provide local regulation of satellite receiving antennas and small diameter satellite receiving antennas in order to protect the health, safety, and welfare of the people of the City by regulating the size, height, location, and amount of screening placed around satellite receiving antennas. These standards foster the City's safety and aesthetic interests without imposing unreasonable limitations on, or preventing the reception of, satellite-delivered radio and television signals, or imposing excessive costs on applicants seeking to install satellite receiving antennas or small diameter satellite receiving antennas.

2.  Findings:

(a) The City Council of the City of Villa Park finds and declares that local regulation of satellite receiving antennas is necessary for the following reasons:

(i) Villa Park is a premier residential community. The aesthetic beauty of the residential areas in the City contributes to high property values and has helped to establish the City as a desirable community in which to live. Failure to maintain the aesthetic beauty of the community would lessen the desirability of the community and result in lower property values. The land use policies in the general plan and zoning ordinances of the City of Villa Park seek to enhance the aesthetic quality of the City's residential neighborhoods. These policies are to be implemented, in part, through the ordinances which, to the maximum extent permitted by law, regulate or restrict the placement of satellite receiving antennas and other visually obtrusive objects.

(ii) Satellite receiving antennas differ from other antennas in that their size, shape, weight and overall bulk tend to more dramatically disrupt the visual environment than other telecommunications equipment because: (1) they significantly impact the views of the surrounding community; (2) they create the impression of a reduction in open space; and (3) their appearance is inconsistent with the character and aesthetics of the residential neighborhoods in the City.

(iii) Satellite receiving antennas present a safety hazard to the community if placed in an improper location. Satellite receiving antennas placed at an elevated location are susceptible to strong winds and may be blown loose and cause injuries. Satellite receiving antennas, if improperly located, could reduce views from public streets and alleys or cause significant glare from reflected sunlight and create significant risks to motorists and pedestrians. Satellite receiving antennas, if located to be easily accessible and visible to children, may act as an attractive nuisance and tempt children to pay with sensitive electronic equipment.

(b) The City Council of the City of Villa Park finds and declares that local regulation of small diameter satellite receiving antennas is necessary for the following reasons:

(i) In addition to their unsightly appearance, small diameter satellite receiving antennas present a health and safety hazard to the community if placed in an improper location. Small diameter satellite receiving antennas placed at an elevated location are susceptible to strong winds and may be blown into public streets. Small diameter satellite receiving antennas, if improperly located, could reduce views of public streets and alleys or cause significant glare from reflected sunlight and create substantial risks to motorists and pedestrians. Small diameter satellite receiving antennas, if located to be easily accessible and visible to children, may act as an attractive nuisance.

3.  Required Criteria and Performance Standards for Satellite Receiving Antennas. The following regulations shall apply to the establishment, installation, and operation of satellite receiving antennas in all R zones:

(a) No portion of a satellite receiving antenna or supporting structure shall be located in any front yard, street side yard, or extend beyond the property line. No satellite receiving antenna shall be located in any required setback area. A satellite receiving antenna shall be located in the rear one-half of the building site. However, if the rear of the building site borders a public street or park, the satellite receiving antenna shall be located in the middle one-third of the lot as measured from the front property line to the rear property line. Guy wires shall not be anchored within any front yard area but may be attached to a building on the property upon which the satellite receiving antenna is to be located.

(b) All satellite dish antennas, including support structures, and wiring shall be completely screened from the view of adjacent properties or from public/private roadways through the use of walls, fences and/or landscape materials.

(c) A satellite receiving antenna and supporting structures shall be located and designed to minimize the visual impact to surrounding properties and public streets. A satellite receiving antenna and supporting structures shall not be painted in reflective or bright colors, or in color(s) with high contrast to the surrounding area, and shall be treated so as not to reflect glare from sunlight.

(d) A satellite receiving antenna shall be adequately grounded for protection against a direct strike of lightning.

(e) No more than one satellite receiving antenna shall be permitted on a building site.

(f) No advertising material shall be allowed on any satellite receiving antenna.

(g) The maximum satellite receiving antenna diameter permitted shall be ten (10) feet.

(h) The maximum height of a satellite receiving antenna shall be fifteen (15) feet as measured from the highest point of the circumference or extension of the satellite receiving antenna to grade level.

(i) No satellite receiving antenna shall be mounted on the roof, top, or side of any building. All satellite receiving antennas shall be placed at ground level. "Ground level" shall mean that the bottom of the receiving antenna shall be no more than twelve (12) inches off the ground.

(j) All satellite receiving antennas shall be permanently mounted and no antennas may be installed on a portable or movable structure.

4.  Required Criteria and Performance Standards for Small Diameter Satellite Receiving Antennas. Notwithstanding any provisions in this section to the contrary, small diameter satellite receiving antennas may be installed and operated in the additional following locations in all R zones if the following criteria and performance standards are met:

(a) Small diameter satellite receiving antennas may be roof-mounted. All roof-mounted small diameter satellite receiving antennas shall be mounted on the rear one-half of the building site or the rear one-half of the building that is farthest from the front property line. However, if the rear of a building site borders a public street or park, the small diameter satellite receiving antenna shall be located in the middle one-third of the lot as measured from the front property line to the rear property line. If mounted on a sloping roof, the small diameter satellite receiving antenna must be mounted on the side of the roof which faces the rear of the property, on the lower two-thirds of the roof plane to which it is attached, and below the roof ridge or peak. Roof-mounted small diameter satellite receiving antennas shall not exceed the height limit for the zone.

(b) Small diameter satellite receiving antennas may be mounted on the side of a structure. The antenna must face the rear or side yard and not intrude into any setback area.

Except as set forth in this section, all provisions in section 23-6.8, subsection 3., applicable to satellite receiving antennas shall apply to small diameter satellite receiving antennas.

5.  Permits.

(a) Satellite receiving antennas or small diameter satellite receiving antennas are permitted in all R zones if the applicant obtains a building permit from the Building Official and the structure's design is pursuant to the Uniform Building Code. Satellite receiving antennas and small diameter satellite receiving antennas that do not conform to the development standards in section 23-6.8, subsections 3. or 4., respectively, require the applicant to additionally obtain a conditional use permit subject to the requirements of Villa Park Municipal Code section 23-19.

(b) Any person requesting a conditional use permit for the placement of a satellite receiving antenna or small diameter satellite receiving antenna shall submit an application in accordance with the requirements of section 23-19.5, and shall supplement the required application with the following:

(i) Detailed plans showing the proposed location of the antenna in relation to the main buildings or structures on the property, the property lines, the property setback lines, and the adjoining properties' buildings or structures;

(ii) A statement of the reasons why strict conformance with the development standards specified in section 23-6.8, subsection 3. or 4. will: (1) unreasonably limit, or prevent, reception of satellite signals; or (2) result in excessive expense in light of the cost of purchase and installation of the satellite receiving antenna or small diameter satellite receiving antenna.

(c) The City shall approve a conditional use permit for any satellite receiving antenna or small diameter satellite receiving antenna if strict compliance with the development standards in section 23-6.8, subsection 3. or 4., either: (1) will result in unreasonable limitations on, or prevent, reception of satellite delivered signals; or (2) the cost of strict compliance with the development standards would be excessive.

(d) In the event the applicant demonstrates that strict compliance would unreasonably restrict or prevent reception of signals, or result in excessive costs, the City shall issue the permit subject to any conditions necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit reception of signals or result in excessive costs.

6.  Nonconforming Satellite Receiving Antennas. Satellite receiving antennas and small diameter satellite receiving antennas in existence as of the effective date of this section shall be considered legal and nonconforming. Nonconforming satellite receiving antennas and small diameter satellite receiving antennas may be modified, relocated, or replaced only if they are brought into compliance with the provisions of this section, unless the modification, relocation, or replacement is necessary to permit reasonable use of the antenna and, in such an event, a conditional use permit is obtained prior to any such modification, relocation, or replacement. Any satellite receiving antenna or small diameter satellite receiving antenna erected in violation of any prior law, ordinance or regulation in effect at the time it was erected is a public nuisance subject to abatement under the procedures set forth in the Villa Park Municipal Code section 6-1.

7.  Separability. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the section.

h.  Landscaping. Except for driveways, paved walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. In single-family residential zones, driveways, paved walkways and parking areas shall not cover more than fifty (50) percent of the required front or street-side setback areas. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping. All required landscaping shall be permanently maintained in a neat and orderly condition. Residential properties and lots must provide landscaping with the following minimum standards:

1.

Front yards shall be landscaped with softscape in conjunction with hardscape material, which includes lawn (grass or turf), and a combination of shrubs, trees, ground cover, plant materials, and mulch recognized within the American Standards for Nursery Stock, published by the American Association of Nurserymen.

(a)

Natural lawn and turf may be substituted with a durable synthetic turf or artificial grass. Said grass and turf shall be installed in a professional manner that allows water to permeate and pass through the turf so as not to cause runoff onto adjacent properties or the public right-of-way, or cause flooding or pooling of water. Synthetic turf or artificial grass shall be maintained in a condition that resembles its natural counterpart.

(b)

Hardscape shall refer to the permanent, man-made features of a landscape design made of stone, rock, pavers, or like material. Hardscape areas that do not permeate water, such as cement, or similar material, shall not be credited toward the fifty (50) percent landscape requirement.

2.

Vacant as well as owner and renter occupied properties must be kept to these performance standards. Conditions must be weed-free, and free of dirt mounds, building materials, grass clippings, or other "fill" material.

3.

Rear yards must be maintained free of weeds and overgrown plants and shrubs that may constitute a fire hazard, as determined by the Fire Marshal or any assigned designee. Installation of softscape, hardscape, or xeriscape is recommended for rear yards, but not required.

(Ord. #85-343, § 2; Ord. #86-349, § 1; Ord. #91-394, § 3; Ord. #95-427, § 1; Ord. #96-439, § 2; Ord. #2002-482, §§ 4, 5; Ord. #2010-551, § 2)