6.1

Interpretation.

6.1-1

In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

6.1-2

Where the conditions imposed by an provision of this Chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Code or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (for which impose higher standards or requirements) shall govern.

6.1-3

This Code is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Code shall govern.

6.2

Scope of Regulations. Except as may otherwise be provided in Section 28-7, "Non-Conforming Uses and Buildings," 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 Code which are applicable to the zoning districts in which such buildings, uses or land shall be located.

However, where a building permit for a building or structure has been issued in accordance with law prior to January 1, 2003, and provided that construction is begun within one year 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 for which originally designated—subject thereafter to the provisions of Section 28-7, "Non-conforming Uses and Buildings."

6.3

Access to Public Street. Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street; such easement to be at least 20 feet wide unless a lesser width was duly established and recorder prior to January 1, 2003.

6.4

Permits. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Director of Building and Life Safety, and no permit or license shall be issued by any other Village Department which would authorize the use or change in use of any land or building contrary to the provisions of this Code, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Code.

The Director of Building and Life Safety may, however, issue building permits or certificates of occupancy for residential structures erected on lots having less than the required width and/or area when such lots are part of a subdivision approved by the President and Board of Trustees subsequent to January 1, 2003, if the lot width and/or area is no less than 90 percent of the requirement imposed by this Chapter and the structure conforms in all other respects with the provisions of this Code.

No contractor or builder shall construct two or more buildings of like exterior design on the same side of any street unless such buildings are separated by two or more buildings or building sites, or a combination thereof, of completely dissimilar design. Buildings of like exterior design may not be erected directly across the street from each other. All buildings shall be considered to be of "like exterior design" unless they have substantially different floor plans, elevations, and are substantially different in exterior appearance in the opinion of the Code Official.

6.5

Accessory Structures.

6.5-1

Where an accessory structure is structurally attached to a main building it shall be subject to, and must conform to, all regulations of this Chapter applicable to the main building.

6.5-2

An accessory structure including but not limited to a tool shed, storage building, detached garage, tree house or gazebo, shall only be located in a rear yard. An accessory structure may be located no less than three feet from a side lot line (except for a tree house which shall be setback five feet and no closer than ten feet to the principal structure), and no less than five feet from the rear lot line. No more than three accessory structures shall be permitted on any zoning lot less than 10,000 square feet and no more than four accessory structures shall be permitted on any zoning lot 10,000 square feet or greater.

6.5-3

On a reversed corner lot, no accessory building shall be located in the front yard, if extended, of the adjacent property to the rear. When this requirement will make it impossible to build, it will be permitted to construct an accessory structure no closer to the side lot line abutting the street than two-thirds the required front yard on the adjoining lot. In no case shall it be permitted to construct an accessory structure beyond the building line established for the main building.

6.5-4

Time of Construction. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

6.5-4a

All driveways and detached garages must be designed to conform with the existing adjoining grade. If the petitioner can demonstrate, to the reasonable satisfaction of the Village, that it is not feasible to have the foundation and driveway to conform to the grade, appropriate screening, approved by the Village, must be incorporated. Such screening can be a retaining wall with a finished exterior, a solid screen using landscaping or a fence or some other decorative treatment, which sufficiently reduces the visual impact of the foundation and driveway.

6.5-5

Percentage of Required Rear Yard Occupied. No accessory structure or structures shall occupy more than 40 percent of the area of a required rear yard.

6.5-6

Height of Accessory Structures in Required Rear Yards. No accessory structure or portion thereof shall exceed a height of 15 feet above grade; except that no tree house may be taller than the highest point of structure and in no case shall a tree house be taller than 15 feet.

6.5-7

Maximum Size of Accessory Structures.

a.

Detached Garage: 720 square feet.

1.

Floor area in excess of 400 square feet shall be included in the maximum floor area ratio.

2.

Floor Area Bonus for Detached Garages. In determining the floor area ratio for lots having a detached garage and no other garage, 100 percent of the floor area of the detached garage shall be excluded from the FAR calculation. A FAR bonus for a detached garage shall only be allowed if there are no other garages on site, if the structure is architecturally compatible with the principal dwelling unit, and if 50 percent or more of the existing homes that both front on the same side of the street and are contained between two adjacent streets which intersect that street also have detached garages.

3.

Where a detached garage is located in the rear yard, the side drive shall be a minimum of nine feet wide as measured from the exterior wall of the house to the lot line.

b.

Playhouse, Shed and Gazebo: 300 square feet.

c.

Tree House: 100 square feet.

6.5-7a

Maximum Number of Garages. In the R-E, R-1, R-2 and R-3 zoning districts, there shall be no more than two detached garages per zoning lot.

6.6

Bulk Regulations.

6.6-1

Continued Conformity with Bulk Regulations. The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

6.6-3

Location of Required Open Space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

6.6-4

Required Yards—Existing Buildings. No yards now or hereafter provided for a building existing on January 1, 2003, shall subsequently be reduced below, or further reduced below if already less than the minimum yard requirements of this code for equivalent new construction.

6.6-5

Permitted Structures in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified. For the purpose of this Section:

6.6-5.1

Table of Permitted Obstructions (F=Front S=Side R=Rear).

6.6-5.2

Table of Permitted Obstructions for Renewable Energy Systems.

(F = Front S = Side R = Rear)

6.7

Buildings on a Zoning Lot. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a zoning lot as herein defined and in no case shall there be more than one such building on one zoning lot. All adjacent lots, which come under common ownership after November 1, 2003, must be developed in compliance with Chapter 29 of this Code.

6.8

Rezoning of Public and Semi-Public Areas. An area indicated on the zoning map as a public park, recreation area, public or private school site, cemetery or other similar open space, shall not be used for any purpose other than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restrictive adjoining district.

6.9

Enforcement of Development Schedule. Site development plans approved in conjunction with rezoning of property shall be effective for no more than 24-months from the date the ordinance was adopted granting the approval. Unless a building permit has been issued and construction commenced within this time period, all ordinances approving the rezoning, including any other conditions and approvals, shall be void. An extension of up to 12-months can be obtained by submitting a detailed request to the Planning and Community Development Department. After appropriate review, the Planning and Community Development Department will transmit the request and its recommendation to the Village Board of Trustees for final determination. In the event that an additional request for extension is made, said request will also be reviewed by the Plan Commission and the Plan Commission will transmit the request with its recommendation to the Village Board of Trustees. Single-family residential subdivisions are not subject to this requirement, but rather the requirements as outlined in Chapter 29.

6.10

Height of Structures. The following may be erected to the height permitted in the existing or hereafter adopted ordinances of the Village: Bulkheads, chimneys, cooling towers, cupolas, domes, elevators, fire towers, gas tanks, monuments, ornamental towers, parapet walls, penthouses, radio towers, scenery lofts, spires, stacks, stage towers, tanks, water towers and necessary mechanical appurtenances.

6.11

Vision Clearance. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles or pedestrians shall be located:

6.11-1

In any "R" Districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting street lines bordering corner lots and between private properties within 12 feet of walks, driveways, bike paths, and walking paths.

6.11-2

In B-1 through B-4 Districts, within 12 feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.

6.12

Traffic Engineering Approval. No building permit or occupancy certificate shall be issued, nor shall any request requiring Plan Commission review be approved for those projects outlined in Sections 6.12-1 and 6.12-2, unless the applicant provides at their own expense, a traffic study and parking analysis that evaluates access, on-site circulation, parking, trip generation, trip distribution, impacts to public streets, and any other issue identified by the Village.

6.12-1

For Projects Requiring Plan Commission Review. A traffic study and parking analysis prepared by a qualified professional engineer or prepared in a manner acceptable to the Village shall be required for the following projects:

1.

All developments with a drive-through.

2.

Any rezoning, special use, land use variation, Planned Unit Development, and amendments thereto that:

a.

Is 5,000 square feet or more in floor area and located along a major or secondary arterial street as defined by the Village's Thoroughfare Plan,

b.

Notwithstanding projects less than 5,000 square feet in floor area and located along a major or secondary arterial street as defined by the Village's Thoroughfare Plan, do not need to provide a traffic study, but shall be required to provide a detailed parking analysis. The Village reserves the right to require a traffic study if it deems necessary.

3.

Any rezoning, special use, land use variation, Planned Unit Development, and amendments thereto that is not adjacent to a major or secondary arterial street as defined by the Village's Thoroughfare Plan.

4.

The Village shall reserve the right to require a traffic study and parking analysis for projects requiring subdivision, if it deems necessary.

6.12-2

For Projects Not Requiring Plan Commission Review. A traffic study and parking analysis prepared by a qualified professional engineer or prepared in a manner acceptable to the Village shall be required for the following projects:

1.

Residential Developments:

2.

Commercial Developments:

3.

Industrial Developments:

4.

Institutional Developments.

a.

Residential development of 100 units or more,

b.

Non-residential development of 20,000 square feet or more.

5.

The traffic study and/or parking analysis requirements may be administratively waived by the Village, if it determines that requiring such study is not necessary for the successful development of a project.

6.13-1

Fence Permit Required. No fence shall be erected without having secured a permit from the Director of Building, who shall grant the permit only if the proposed fence is in compliance with all the provisions of this Code and any amendment to it, and if the proposed fence will be erected in a structurally sound manner.

6.13-2

Materials and Type of Construction:

a.

The use of barbed wire fencing is prohibited;

b.

All metal fences erected shall be of nine gauge woven wire or its equivalent;

c.

Fence posts shall be of an approved material and shall be embedded into tamped earth or concrete, to a depth which would assure its structural stability;

d.

All fences must be erected with the finished side facing the adjoining properties;

e.

Solid fencing is allowed only between certain zoning districts and where otherwise specified in Chapter 28; and

f.

Slatted chain link fence is prohibited.

Exception: In the M-1 and M-2 Districts, slatted fences will be allowed between business properties and to enclose garbage dumpsters but cannot be located adjacent to a street or residential properties.

6.13-3

Location of Fences. A fence is a permitted obstruction in any yard with the following limitations:

a.

Front Yard. Fences shall not exceed a height of 36 inches and shall not contain any sharp points and must be an open fence; and

b.

Side and Rear Yards. Fences can be solid, open or semi-open and shall not exceed a height of six feet subject to the following:

1.

Through Lots. On through lots that are adjacent to non-through lots, fences in yards with road frontages may not exceed 36 inches and shall not contain any sharp points and must be an open fence;

2.

Corner Lot. That portion of the side and rear yard with street frontages may have solid, open or semi-open fences erected no closer than five feet to the perimeter of the lot. Landscaping, a minimum of three-foot high and spaced a maximum of 48 inches on center, must be provided along the street side of the fence. The perimeter of the lot is defined as the lot line, sidewalk, or street pavement, whichever is closest to the building. In each instance where the building is closer than five feet to the perimeter of the lot, no fence shall extend beyond the line of the principal building. An open fence, not exceeding a height of 36 inches, shall be allowed anywhere within the Rear Yard and shall not contain any sharp points; and

3.

Visibility. Within 12 feet of intersecting property lines at streets, walks, driveways, bike paths, or walking paths, fences shall not exceed 36 inches and shall not contain any sharp points and must be an open fence.

c.

Exterior Side Yards. Fences shall be allowed in an Exterior Side Yard with the following limitations:

1.

A solid, open or semi-open fence, not exceeding a height of six feet shall be allowed no closer than five feet to the perimeter of the lot. Landscaping, a minimum of three feet high and spaced a maximum of 48 inches on center, must be provided along the street side of the fence. The perimeter of the lot is defined as the lot line, sidewalk, or street pavement, whichever is closest to the building. In each instance where the building is closer than five feet to the perimeter of the lot, no fence shall extend beyond the line of the principal building; and

2.

An open fence, not exceeding a height of 36 inches shall be allowed within the Exterior Side Yard and shall not contain any sharp points.

6.13-4

Wire Gauge. All metal fences erected in the Village shall be at least nine gauge woven wire or its equivalent.

6.13-5

Safety Hazards Prohibited. The Director of Building may order any fence removed that is a hazard to public safety or to the free flow of traffic.

6.13-6

For fences required for screening of parking lots, between zoning districts, detention and retention basins, and commercial antenna structures and earth stations, see Section 6.15.

6.14

Non-Commercial Antenna Structures and Earth Stations. (Refer to Chapter 24)

6.14-1

Non-Commercial Antenna and Related Structures. Non-commercial antenna and related structures shall be permitted in all residential districts, subject to Chapter 24.

6.14-1.1

Location.

a.

Non-Commercial Antenna Structure. Non-Commercial antenna structures may be mounted only on roofs or rear yards with a minimum distance of ten feet from the property lines. Each residence is allowed only one ground structure. In multi-family developments, each building is allowed one ground structure. (Refer to Section 6.6-5 of this Code.)

b.

Non-Commercial Earth Stations. In residential districts, non-commercial earth stations shall be permitted obstructions in rear yards only with a minimum distance of ten feet from the property lines. On corner lots, no earth station shall be erected outside of the established building line of both street frontages and, where no building line is established, earth stations shall have a minimum setback of 25 feet from property lines fronting on any street or highway. (Refer to Section 6.6-5 of this Code.)

6.14-2

Commercial Antenna and Related Structures. Commercial antenna and related structures are special uses in all non-residential districts and are subject to Chapter 24.

6.14-2.1

Location.

a.

Commercial Antenna Structure. Commercial antenna structures may not be located in any required yard. Where no minimum yard is established, commercial antenna structures may be located no closer than ten feet to any lot line of 25 feet to lot line, if adjacent to a residential district.

b.

Commercial Earth Stations. In business and manufacturing districts, commercial earth stations shall be permitted obstructions in rear and side yards. If located adjacent to a residential district, a minimum distance of ten feet from the property line is required.

6.14-2.2

Commercial Antenna Standards. The following standards will be considered in addition to those stipulated in Chapter 23, Article II, when determining whether approval of an application for a commercial antenna structure is in the public interest:

a.

The petitioner must demonstrate that there is not technically suitable space available on an existing tower or structure within the geographic area to be serviced.

b.

A landscaping plan shall be submitted that demonstrates substantial screening of the antenna and related structures from adjacent land uses. Screening must consist of a well-maintained masonry wall of brickwork of stonework, solid wood fence, densely planted compact hedge or berm and hedge.

6.14-2.3

Special Use Waiver for Use of Existing Antenna Structure. The special use requirement for a commercial antenna may be waived if the petitioner locates the antenna on an existing antenna tower or structure. The petitioner must submit detailed plans to the Planning Department for an administrative review to determine if the special use public hearing can be waived. No building permit will be issued until approval is granted through the administrative review.

6.14-3

Location.

a.

Non-Commercial Antenna Structure. Non-Commercial antenna structures may be mounted only on roofs or rear yards with a minimum distance of 10 feet from the property lines. Each residence is allowed only one ground structure. In multi-family developments, each building is allowed one ground structure. (Refer to Section 6.6-5 of this code).

b.

Earth Stations. In business and manufacturing districts earth stations shall be permitted obstructions in rear and side yards. If located adjacent to a residential district, a minimum distance of ten feet from the property line is required. In residential districts earth stations shall be permitted obstructions in rear yards only with a minimum distance of ten feet from the property lines. On corner lots, no earth station shall be erected outside of the established building line of both street frontages and, where no building line is established, earth stations shall have a minimum setback of 25 feet from property lines fronting on any street or highway. (Refer to Section 6.6-5 of this Code).

6.14-4

Building Permit Required. A non-commercial antenna and non-commercial earth station shall not be erected without first obtaining a building permit as provided in Chapter 24, unless specifically exempted under the provisions thereof.

6.15

Landscaping.

6.15-1

Landscaping of Parking Lots.

6.l5-1.1

Intent and Purpose. This Subsection establishes ecological and environmental requirements to reduce air and noise pollution and improve the appearance of the Village. The requirements apply to all new construction and to all enlargements or expansion of any structure, related parking or paved service areas if abutting a residential district or street, taking place after the effective date of this amendment to the Municipal Code.

6.15-1.2

New Landscaping Requirements.

a.

All paved service areas abutting a residential district or street or off-street parking areas containing more than four parking spaces, shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises or adjoining any public way by a well-maintained wall, fence, densely planted compact hedge designed to provide year round opacity or berm and hedge.

1.

Such screening shall be three feet high on the frontage of a public way, except that in the interests of safety, so the line of sight will not be obstructed, the minimum height shall be lowered at street intersections and driveways to not less than 18 inches as determined by the Director of Planning and Community Development or designee.

2.

Such screening shall be six-foot high if adjoining a residential district or any institutional premises.

b.

Landscaped islands equal in area to at least one parking space, protected by durable materials, and containing at least one live shade tree at a minimum of four inches in diameter shall be located at the end of every 20 parking spaces or beneath every light pole, whichever results in the greater amount of planted islands. In addition, these islands shall be located at each end of all rows of car stalls. Open parking areas larger than four but smaller than 20 spaces shall provide proportional amounts of live greenery. Design and plant selection shall be as directed by the Director of Planning and Community Development or designee.

6.15-1.3

In application of this code, the Director of Planning and Community Development or a designee thereof, will be guided by the provisions of "Requirements for Landscape Approval" for the Village of Arlington Heights, and subsequently updated editions to be consistent with amendments to this Code.

6.15-2

Landscaping Requirements Between Zoning Districts.

6.15-2.1

In any O-T, O-R, Business or Manufacturing District where a rear lot line or side line coincides with a side or rear lot line of property in adjacent residential districts, screening along such lot line must be provided.

6.15-2.2

Landscape Requirements between Zoning Districts. Such screening of single items or combination thereof, shall be a total of six feet in height at time of installation and consisting of one or more of the following:

a.

Well maintained masonry wall; as defined as brickwork or stonework;

b.

Solid wood fence;

c.

Offset double row of densely planted landscape material; and

d.

Landscape berm.

6.15-3

Landscaping of Detention and Retention Basins.

6.15-3.1

Landscaping shall be required along the perimeter of detention and retention basins in order to minimize their negative visual impact. Such landscaping shall consist of trees and shrubs in an amount and arrangement that will create an aesthetic visual situation as determined by the Village Administration.

6.15-3.2

For all retention basins and those detention basins that can be expected to flood to a depth of greater than three feet, effective yet unobtrusive warning signs shall be required on all sides of the basin.

6.15-4

Landscape Maintenance. Each owner of a building, structure, parking lot, detention basin, or retention basin shall be responsible for maintaining such screening in a well-maintained condition, including, but not limited to:

a.

Replace dead or inadequate plantings.

b.

Maintain or repair rotting or missing fence panel sections.

c.

Paint or stain fences where necessary to avoid deterioration.

d.

Maintain and repair screening walls and berms.

6.15-5

Protection and Preservation of Existing Trees.

6.15-5.1

Intent and Purpose. This section establishes requirements to protect and preserve existing trees throughout the Village. The requirements apply to all public and private new construction, enlargements or expansion of any structure, building or parking, service areas, and other construction. Existing developed or contiguous single-family subdivided residential lots and public rights-of-way shall be excluded from the requirements of this section except that single-family lots with a potential to redevelop into three or more lots shall comply with these requirements.

6.15-5.2

Tree Removal. No tree having a trunk size of three inches or greater in diameter, as measured six inches above the established ground level, shall be removed from unimproved or partially improved land prior to receiving approval of a Tree Survey and Preservation Plan from the Planning Department.

6.15-5.3

Protection of Existing Trees.

a.

Tree Survey. A Tree Survey shall be submitted to the Planning Department for review, by anyone planning any site development. The Tree Survey shall indicate the location, size and species (both scientific and common name) of all trees located on the parcel with a trunk size of three inches or greater, as measured six inches above the established ground level.

b.

Integration of Existing Trees into Site and Landscape Plans. Subject to the determination of the Planning Department, a reasonable effort shall be made to retain existing trees on the Tree Survey through the integration of those trees into the site and landscaping plan for a proposed development. If a reasonable integration into the development plan is not possible, the developer may choose to mitigate the trees in dispute based upon the exchange rate set forth in Section 6.15-5.4. Removal of trees designated for preservation shall be allowed only pursuant to the provisions of this Section 6.15-6. In the event that a development plan is not required but a landowner desires to clear the site of trees, a Tree Survey is still required. In such an instance, quality trees will be required to be preserved.

c.

Tree Preservation Plan—A Tree Preservation Plan indicating the location and species of those trees to be preserved and the methods which are to be used to preserve such trees shall be submitted to the Planning Department. This Preservation Plan shall specify the following:

1.

Preservation Techniques:

a)

Grading and construction equipment—All grading and construction equipment shall be forbidden from encroaching upon the tree's drip line.

b)

Material detrimental to trees—Crushed limestone and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree.

c)

Installation of snow fencing—Snow fencing shall be installed during construction at the periphery of the tree's drip line. In areas where a tree is in the construction zone and fencing the drip line is not possible, two by six-inch by eight-foot long boards banded or wired around each trunk shall be provided as protection to adequately prevent scarring.

d)

During construction—If trees have their roots exposed, the roots are to be pruned. If exposed roots are greater than two inches, the tree crown is to be pruned to compensate for the root loss. Also, the tree shall be watered and fertilized.

2.

Preservation Methodology. The methods which are to be used to preserve those trees shall be clearly specified on the Preservation Pan. These shall, at a minimum, include the preservation techniques listed above, although alternative methods may be considered. If, in the opinion of the Planning Department, the necessary precautions as specified in the Preservation Plan for the development were not undertaken before or during construction to ensure the preservation of those trees, the building permit for the parcel shall not be issued, or, if previously issued, may be revoked until such time as these precautions have been complied with.

6.15-5.4

Removal of Trees Designated for Preservation. If a tree designated for preservation on the Preservation Plan is destroyed or razed during construction or removed without receiving approval, a permit or in the field adjustments, such trees shall be replaced with new trees in accordance with the following:

a.

Exchange Rate.

^* Trunk size as measured six inches above the established ground level.

For the above, in the event of a fraction of an inch, if a fraction is less than one-half inch, the lower full number shall be used. If a fraction is one-half inch or greater, the higher full number shall be used.

b.

Minimum Size of Replacement Trees. All replacement trees shall have a minimum trunk size of four inches in diameter, as measured six inches above the established ground level, upon installation.

c.

Species of Replacement Trees. The following are examples of replacement trees (Ash trees are specifically prohibited):

1.

Linden;

2.

Maple (excluding Silver Maple and other similar softwood species);

3.

Hackberry;

4.

Ginkgo;

5.

Oak;

6.

Thornless Honey Locust (cultivars);

7.

Kentucky Coffee tree.

d.

Amended Landscape Plan. Removal of trees designed for preservation shall be allowed only by amending the landscape plan and with the approval of the Planning Department. The amended landscape plan shall indicate the location, specie and size of all replacement trees in accordance with the recommendation of the Planning Department.

e.

In the Field Adjustments. In the field adjustments to trees designated for preservation on the Preservation Plan may be necessary during the course of construction. In such instances, the developer or property owner shall not remove any trees designated for preservation prior to site inspection and/or consultation with the Planning Department. If it is agreed that any tree designated for preservation substantially impedes the development, in the field adjustments may be approved by the Planning Department without the need of a resubmitted Preservation Plan.

6.15-5.5

Tree Survival/Guarantee. Any relocated or replaced tree shall be guaranteed survival for up to one growing season. In the event a relocated or replaced tree dies or is in declining condition, the tree shall be replaced with a four-inch diameter tree.

6.15-6

The requirement of four inch trees set forth in this Code may be waived by the Planning Department if, in the opinion of the Department, a four-inch tree is not suitable for that location or unavailable, or available but of poor quality. In such cases, the Planning Department may accept either a smaller tree or a greater quantity of smaller trees.

6.15-7

Compliance Bonds. Upon application for a Building Permit, the owner shall furnish a cash bond in the amount of 30 percent of the value of the landscape improvements on the approved Landscape Plan and $200.00 for each tree designated to remain or be transplanted on the approved Tree Preservation Plan. A cost estimate of landscape improvements shall be submitted to the Director of Planning and Community Development or designee which will be used to calculate the bond amount based on the percentage stated above. The owner or developer shall agree that such deposit in escrow may be held by the Village for a period of 18 months after the final completion of such work. This will be held for the purpose of guaranteeing and securing the correction of any defect or death of plant material furnished, transplanted or preserved on site, which was not discernable at the time of final inspection or acceptance by the Village. All improvements covered by the bond of this Section, shall be inspected by the Director of Planning and Community Development or designee during the course of construction and at completion. If such defects have developed, then the cash bond may be applied by the Village for any amounts incurred in correcting such defects; and that the balance of such deposit, if any, held at the end of such 18-month period shall be returned by the Village to the developer, or paid to the order of the depositor, without interest.

6.16

Home Occupation.

6.16-1

Home Occupation. An accessory use of a dwelling unit carried on by members of the immediate family residing on the premises. The use is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character of the residence or adversely affect the residential character of the surrounding neighborhood. An application for a home occupation shall be filed with the Director of Planning and Community Development. For all Home Occupations, the following standards shall apply:

a.

No person other than members of the immediate family residing on the premises shall be involved or employed in the home occupation.

b.

There is used no sign other than a nameplate not more than one square foot in area or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit.

c.

No outdoor storage of materials or supplies related to the home occupation shall be permitted.

d.

There shall be no increased noise, vibration, glare, fumes, odors or electrical interference created by the home occupation.

e.

No exterior aspect of this residential structure shall allow the home occupation to be reasonably recognized as a non-residential use.

6.16-2

Permitted Home Occupations.

a.

Office facility of a salesman, sales representative or manufacturer's representative provided there is not manufacturing, production or storage on the premises and no more than one client on the premises at a time.

b.

Office facility of an architect, broker, engineer, insurance agent, land surveyor, lawyer, real estate agent, computer programmer, dentist, physician for consultation only and not more than one client on the premises at a time.

c.

Telephone answering service and office service to include typing, bookkeeping, transcribing and data entry.

d.

Instructional services for not more than one pupil at a time.

e.

Painting, sculpturing, writing and home crafts. Retail sale of such items in the home is prohibited.

f.

Home product retail sales where orders are taken at the home of others. Production, manufacturing and assembly of such product in the home is prohibited.

6.16-3

Prohibited Home Occupations.

a.

Catering services;

b.

Barber shop and beauty salon;

c.

Motor vehicle repair;

d.

Restaurants, tea rooms;

e.

Commercial stables, kennels.

6.16-4

Any proposed home occupation that is not specifically listed as permitted or prohibited may be considered a Special Use Permit subject to review and recommendation by the Plan Commission and approval by the Village Board based upon compliance with the performance standards.

6.17-1

Performance, Safety and Bulk Regulations for Geothermal Energy Systems.

a.

All geothermal energy systems shall comply with the following performance and safety standards:

1.

The system shall be used only for the property on which it is located.

2.

All geothermal heat pump equipment must be located within the principal building.

3.

The system shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies.

b.

All geothermal energy systems shall comply with the following bulk regulations:

1.

Each zoning lot is permitted one geothermal system.

2.

The system is permitted in the front or rear yard for residential and in any yard for non-residential.

3.

The system shall be setback at least three feet from all lot lines.

6.17-2

Performance, Safety and Bulk Regulations for Solar Energy Systems.

a.

All solar energy systems shall comply with the following performance and safety standards:

1.

All electrical transmission lines connecting a solar energy system to a building for ground based systems shall be located underground.

2.

Shall be for the use of the property on which the system is located except for reverse metering as allowed by the appropriate state and federal agencies.

3.

If unused for a period of 90 consecutive days, all systems must be removed.

b.

All solar energy systems shall comply with the following bulk regulations:

1.

Residential Zoning Districts.

a)

Roof mounted equipment shall not extend more than five feet above the highest portion of the roof.

b)

Wall mounted equipment:

1)

Shall not extend above the eave line or above the top of the parapet.

2)

Permitted only on a side or rear building wall and shall not extend more than 12 inches from the wall.

c)

Ground based systems:

1)

Each zoning lot is permitted one ground based solar system.

2)

Shall not exceed a height of 15 feet when oriented at maximum tilt.

3)

Shall not exceed 200 square feet of surface area.

4)

Shall only be located in the rear yard.

5)

Must be located a minimum of 15 feet from any lot line.

6)

System shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies.

2.

Non-Residential Zoning Districts.

a)

Roof mounted equipment shall not extend more than five feet above the highest portion of the roof. This does not include the parapet.

b)

Wall mounted equipment:

1)

Shall not extend above the eave line or above the top of the parapet.

2)

Permitted on any building wall and shall not extend more than 12 inches from the wall.

3)

Not permitted in the B-5 district.

c)

Ground based systems:

1)

Each zoning lot is permitted one ground based solar system; however, one additional system is permitted for each acre of land in excess of one acre.

2)

Shall not exceed 15 feet tall when oriented at maximum tilt.

3)

Shall not exceed 200 square feet of surface area.

4)

Must be located a minimum of 15 feet from any lot line.

5)

Shall be placed in any required yard, except that in the O-T and OR districts, a system shall not be placed in a required front or exterior side yard.

6)

Not permitted in the B-5 district.

7)

System shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies.

6.18

Location Restrictions for Adult Use Cannabis Dispensaries. Not more than one adult use cannabis dispensary may be located at any time within each of the following areas of the Village:

a.

Between the northern boundary of the Village to the north and Hintz Road to the south;

b.

Between Hintz Road to the north and Central Road to the south; and

c.

Between White Oak Street the north and the southern boundary of the Village to the south.

(Ord. #03-065, #03-068, #04-013, #04-059, #05-082, #07-018, #07-038, #11-024, #12-015, #12-055, #13-025, #18-010, #2020-05, #2022-035)