A.   The table of permitted and special uses of this section lists the uses that are permitted as-of-right, by special uses approval, and by revocable permit approval for each zoning district. The table is divided by general land use categories (for example, residential, commercial). These general land use categories are subdivided into groups of similar land uses (for example, eating and drinking establishments) and these groups are subdivided into the specific land uses (for example, the eating and drinking establishment group lists cafe, restaurant, and tavern).

   B.   Special Uses: Uses identified with an "S" in table below are considered special uses and may be permitted in the subject district only after review and approval in accordance with section 10-4-9, Special Uses, of this title.

   C.   Prohibited Uses: Uses that are not listed may also be prohibited; determination of whether an unlisted use may be permitted shall be made by the community development director in accordance with section 10-1-3, Interpretation.

   D.   Use Tables:

 

 

 

 

 

 

 

 

 

 

 

Height Limits: Each zoning district shall outline the height limits within the district. Exceptions to height limits are:

   A.   Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, parapet walls, and similar structures and necessary mechanical appurtenances may be erected to their customary height;

   B.   Freestanding transmitting and cell towers and freestanding radio towers in residential districts may extend to a height of sixty feet (60'), as measured from the finished lot grade;

   C.   Transmitting towers and radio towers employing guide wires shall be permitted only as a special use; and

   D.   Solar panels may be no more than fifteen feet (15') from grade or five feet (5') higher than the roofline of any structure. (Ord. 19-12-43, 1-13-2020)

   A.   Location: Accessory buildings may be attached or detached from the principal building. Accessory uses may be within an accessory building or within the principal building. Detached accessory buildings, structures or uses may be in the rear yard or interior side yard of any zoning district as follows:

      1.   If located outside the Downtown Form Based District or a Traditional Neighborhood Development, detached accessory buildings or structures shall not be placed within five feet (5') of any rear or interior side lot line and shall not be located within an easement.

      2.   If located within the Downtown Form Based District or a Traditional Neighborhood, detached accessory buildings shall not be placed within three feet (3') of any side yard setback. All accessory buildings or accessory uses shall comply with the front yard and corner side yard setback requirements of the zoning district in which they are located. Accessory buildings, or accessory uses attached to or established within the principal building or structure shall comply with the rear yard and interior side yard setback requirements of the zoning district in which they are located. Detached accessory buildings, structures or uses may be in the rear yard or interior side yard in accordance with division A of this section.

   B.   Height Limits: All accessory buildings or accessory uses shall comply with the height limits of the zoning district in which they are located. Detached garages and storage sheds in residential districts shall not exceed fifteen feet (15') in height unless located in the Traditional Development Neighborhood. Height of accessory structures in the Traditional Neighborhood Development shall be determined on a case by case basis after recommendation by the planning and zoning commission and approval by the village board.

   C.   Bulk And Density Regulations: All accessory buildings or structures shall be included in the computations for floor area ratio, maximum lot coverage, and maximum impervious surface coverage. The minimum floor area per dwelling unit shall not include accessory buildings or accessory uses.

   D.   Percentage Of Yard Occupied: Detached accessory buildings shall comply with maximum lot coverage and maximum impervious area coverage requirements outlined in this title.

   E.   Sequence Of Construction: No accessory building, structure or use shall be constructed or established prior to the principal building, structure, or use on the lot.

   F.   Existing Accessory Buildings: Accessory buildings lawfully existing or permitted on or before the adoption of this title shall be regulated as a legally nonconforming use.

   G.   Accessory residential units or what is commonly known as a coach house, granny flat, in-law apartment, shall be a special use permit and permitted only in the Downtown Form Based Code District or a Traditional Neighborhood Development. (Ord. 19-12-43, 1-13-2020)

   A.   Design Standards:

      1.   Garage frontage shall not take up more than thirty percent (30%) of the lineal frontage of any front residential facade facing a public street, unless it is rear loaded and located on a public alley or rear motor court.

      2.   Garage Door Size Limits: On lots where the primary land use or primary building is for residential purposes, garage door dimensions fronting a street shall be limited to a total of twenty seven (27) linear feet. No single garage door shall be greater than eighteen feet (18') wide. The maximum height of garage doors shall be twelve feet (12').

      3.   The minimum of twenty five percent (25%) of the garages in any given residential development will be required to be side loaded, rear loaded, or recessed a minimum of five feet (5') from the front facade of the home.

   B.   Location Of Garages: On property with a primary land use or a primary building that is residential, the placement of garages shall conform to the following.

      1.   No garage shall project more than then five feet (5') from any front door located on the elevation facing a street.

      2.   Detached garages: No portion of the garage shall be in any part of the front yard or exterior side yard; they may be in the rear yard or interior side yard. (Ord. 19-12-43, 1-13-2020)

   A.   Sheds shall be limited to a maximum of five hundred (500) square feet and may not be located within an easement.

   B.   In additions, sheds are limited to being located only to the rear yard setback and may not be placed within the side yard or corner side yard setback. (Ord. 19-12-43, 1-13-2020)

   A.   Definition of "placement". For the purposes of this section "placement" shall mean the parking of a cargo container for a continuous period of twelve (12) hours or more.

   B.   Residential Districts: The placement of cargo containers in residential districts shall be prohibited.

   C.   Business Districts: The placement of cargo containers in business districts shall be restricted to designated pop-up retail use approved as a special use or a loading berth area. In no instance, however, shall cargo containers be placed in front of the front wall of a principal building or public parking areas.

   D.   Manufacturing Districts: In no instance shall a cargo container by placed in front of the front wall of a principal building. The placement of cargo containers in industrial districts shall be restricted to:

      1.   A concrete or asphalt surfaced area and areas that meet the setback requirements, except as provided for in this division D; or

      2.   A designated loading berth area.

   E.   Exceptions For Construction: Up to two (2) cargo containers may be placed on the property if they are placed in areas that meet the setback requirements and are not placed on required parking spaces. Cargo containers used for construction purposes must be immediately removed upon completion of the construction project.

   F.   Cargo Container Amortization: All cargo containers lawfully existing on the effective date of this section that do not conform to this section shall be removed or made to conform within one (1) year of the date of notification by the village of nonconformance by the village.

   G.   PODS being used for temporary storage or construction projects in residential districts shall be permitted for a maximum of forty five (45) days. (Ord. 19-12-43, 1-13-2020)

   A.   Outdoor dining and drinking accessory to a use that has as a principal or accessory on-site use that is an eating and drinking establishment, including cafe/coffee shop/soda fountain, restaurant, specialty food shop, carry-out, brew-pub and microbrewery shall be permitted within village right of way along with the following uses:

      1.   Outdoor art instruction and preparation of artwork.

      2.   Outdoor floral displays and planters.

      3.   Any other uses found to be similar in nature and clearly compatible as determined by the community development director.

   B.   Permitted Locations: Permitted uses shall be conducted strictly within the right of way directly adjacent to the principal use, for example, from the side lot lines extended toward the street centerline, or side and rear lot lines extended in the case of corner lots.

   C.   Permit Required: Prior to commencing a permitted outdoor use, the applicant is required to obtain a revocable permit from the community development department. The permit process is outlined in the operational guidelines for outdoor uses within the public right of way. The permit process will verify that the use will be conducted in accordance with the design guidelines, and will also require the applicant to indemnify and hold the village harmless from any damage or claim resulting from the outdoor use, as well as to provide liability insurance listing the village as an additional insured with minimum coverage limits determined by the village. This permit is a privilege and not a right and may be revoked by the village at the discretion of the village administrator or designee, which decision to revoke the permit may be appealed to the village president and board of trustees, for such causes as failure to conduct the outdoor use in compliance with the requirements of this section. (Ord. 19-12-43, 1-13-2020)

Generally, a home occupation is defined as an incidental and accessory use to the primary residential use. The following standards are to ensure that the home occupancy is compatible with the neighborhood and has no negative externalities on adjacent properties.

   A.   Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted. The building in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located.

   B.   Operation:

      1.   Only residents who occupy the residence shall be permitted to operate a home occupancy.

      2.   All activities related to the operation of a home occupancy shall be restricted to take place within the residence. Outside activity or the use of an accessory structure other than storage shall be prohibited.

      3.   Outside storage, outdoor display, or outdoor use of land is prohibited.

      4.   The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference, or garbage beyond which normally occurs in the zoning district or planned development in which it is located.

   C.   Extent And Effect:

      1.   A home occupation shall be limited in extent and shall be incidental and secondary to the use of the property and shall not occupy more than twenty five percent (25%) of the gross floor area of the dwelling unit in which the home occupation is located. An accessory structure may be used for storage related to the home occupancy.

      2.   The activities caused by or associated with the home occupation shall not alter the residential character of the property or change the residential character of surrounding residential uses. There shall be neither exterior nor interior alteration or modification that changes the residential character of the dwelling unit.

   D.   Traffic, Deliveries, And Parking:

      1.   The home occupation shall not generate traffic beyond what is normally expected in the zoning district or planned development in which it is located. In no case shall traffic volume created by the home occupation exceed twelve (12) trips per day, including deliveries.

      2.   Deliveries to home occupations shall not exceed five (5) per day.

      3.   Off-street parking for the home occupation shall be limited to the public street parking in front of the home occupancy.

   E.   Prohibited Home Occupations: The following activities are expressly prohibited as home occupations:

      1.   Airbnb's;

      2.   Animal hospitals (animal grooming service is permitted);

      3.   Kennels;

      4.   Medical offices or clinics;

      5.   Eating and drinking establishments;

      6.   Jobbing, wholesale or retail business, unless it is conducted entirely by internet, telephone or mail. No direct retail shall be permitted in any dwelling unit;

      7.   Undertaking establishments and funeral parlors; and

      8.   Repair or maintenance of motor vehicles, to include cars, trucks, boats, recreational vehicles, snowmobiles, and motorcycles.

   F.   Permitted Home Occupations: The zoning ordinance does not attempt to define or list all permitted home occupations. However, the following activities and uses are expressly permitted, provided that the other provisions of this section are met:

      1.   Barber/beauty shop;

      2.   Animal grooming services;

      3.   Babysitting services and day care activities that do not meet state law thresholds for licensing and regulation;

      4.   Licensed day care homes;

      5.   Instruction in music, dance, home crafts and arts, provided that the total class size does not exceed four (4) students at any time;

      6.   Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, urban planners, landscape architects, accountants and secretarial services;

      7.   Offices of ministers, priests and rabbis or other religious leaders;

      8.   Offices of sales representatives or manufacturer's representatives;

      9.   Studios of artists, authors, composers and photographers;

      10.   Workrooms of dressmakers, seamstresses and tailors; and

      11.   Workrooms for home crafts, such as model making, rug weaving, or cabinet making. (Ord. 19-12-43, 1-13-2020)

   A.   Based on the natural resources of the village and historic character of downtown Antioch, bed and breakfast establishments can operate as a special use in single-family detached dwelling units in any R district, providing the provisions of this section are met.

   B.   Criteria:

      1.   Any bed and breakfast shall be the principal residence of the operator of the bed and breakfast.

      2.   The operator/owner shall live on the premises when the bed and breakfast operation is active. No additional dwelling units above and beyond the principal dwelling unit may be occupied on the site.

      3.   Bed and breakfasts shall only be permitted in single-family dwellings.

      4.   The bed and breakfast establishment shall provide at least two (2) exits to the outdoors, and every guest room shall have at least one (1) unobstructed means of egress that leads to a public street or alley, either directly or through a court or yard. Passage to exits shall not lead through any other bedroom or guest room or through a space that can be locked by anyone who is not a member of the family.

      5.   Each room used for guests and sleeping shall have a smoke detector with a battery back-up.

      6.   Lavatories and bathing facilities shall be available to all persons using the bed and breakfast. Access to a bathroom shall not require passage through another bedroom.

      7.   All bed and breakfast's shall be allowed one (1) monument sign which shall comply with the ground sign requirements as outlined in the Downtown Sign District.

      8.   Two (2) parking spaces plus one (1) additional parking space per guest room shall be provided. All parking spaces shall be paved and shall be located between the principal structure and the rear lot line. Guest parking areas in excess of four (4) spaces shall be screened from adjacent residences with landscaping or fencing. (Ord. 19-12-43, 1-13-2020)

The special needs pursuant to federal and state law are an important population of the village and requirements of group homes shall be accommodated and permitted in all R districts, while the following provisions should be followed by group homes:

   A.   The scale and character of the building shall be compatible with the surrounding residential properties; and

   B.   The facility shall be certified and licensed by all required federal, state, and local authorities. (Ord. 19-12-43, 1-13-2020)

While the village recognizes the constitutional protection of adult uses and the inherent first amendment rights of the adult use industry, the village has also determined that adult use establishments, and particularly concentrations of adult uses, have an adverse impact on property values, crime, and neighborhood quality. In a desire to minimize these secondary effects and protect neighborhood quality, the village finds it necessary to regulate such uses while maintaining reasonably available alternatives for their location within the village. Therefore, the location and operation of adult uses shall be limited as follows:

   A.   Location Restrictions: Adult uses listed shall be permitted within the M-2 General Industrial District, provided that the establishment is not located within one thousand feet (1,000') of an existing:

      1.   Boundary of any residential district as defined by this title; and

      2.   Place of public gathering or public offices; or

      3.   Public or private educational facility; or

      4.   Park or recreation facility; or

      5.   Religious use or religious institution; or

      6.   Licensed day care facility; or

      7.   Adult use; or

      8.   Cemetery.

   B.   Method Of Measurement: Measurement of the one thousand feet (1,000') limitation shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line of the lot where the adult use is to be located, to the nearest lot line of the other specified use.

   C.   Exterior Display: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to special sexual activities or specified anatomical areas from any public or from any other property. This provision shall apply to any display, sign, window or other opening. All entries, windows or other openings for adult uses shall be covered or screened in a manner that prevents a view into the interior from any public way. (Ord. 19-12-43, 1-13-2020)

Model homes are permitted in the village for the sale of new single-family, townhomes, duplexes, condos and multi-family units. The following provisions shall govern their operation:

   A.   Sales offices, rental offices and construction offices may be in a model home, provided that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned development.

   B.   A temporary off-street parking lot is permitted.

   C.   Model home may be illuminated, provided that the illumination does not adversely affect traffic and surrounding residents.

   D.   All model homes shall have operational bathrooms for the employees and general public prior to any certificate of occupancy being issued. (Ord. 19-12-43, 1-13-2020)

   A.   The following obstructions yards are permitted as outlined in the table below.

   B.   Projections of sills, belt courses, cornices, bay windows, buttresses, chimney, ornamental features and eaves may extend three feet (3') into required yards.

 

(Ord. 19-12-43, 1-13-2020)