Is subordinate in purpose, use, and floor area to, and serves, a principal structure or use; and

Is customarily incident to such principal structure or use; and

Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal structure or use; and

Except as otherwise expressly authorized by the provisions of this code, is located on the same zoning lot as such principal structure or use; and

Is under the same ownership and control as such principal structure or use.

Storage. Except as otherwise expressly permitted by this code, outdoor storage shall not be allowed as an accessory use. When so permitted, such storage shall be screened as required by § 260-908C of this code. Accessory storage structures (other than parking garages and structures, barns, and stables) shall not exceed 10% of either the floor area or the volume of the principal structure if accessory to any other type of principal structure; nor 5% of the land area dedicated to any use not involving a principal structure.

Residential recreational facilities. Residential recreational facilities shall be limited to use by the occupants of the principal residential use and their guests and, when not fully enclosed in a building, shall be illuminated only by natural sunlight, except for minimum lighting requirements as established pursuant to the Building Code and approved by the Building Commissioner for safety purposes in connection with residential recreational facilities.[1] See § 260-908E of this code for landscaping and screening requirements applicable to such facilities.

Dog boarding. The boarding of dogs shall be permitted only as an accessory use to a residential use on the same lot and may not involve the boarding of more than three dogs. Any dog boarded on a lot shall be included in the calculation of the total number of dogs kept, harbored, or otherwise maintained on a lot pursuant to § 260-310D of this code. The boarding of more than three dogs on a lot shall be deemed a public nuisance.

Private stables for horses and ponies. The following provisions shall govern private stables, which shall be permitted only as accessory to a residential use on the same lot:

Parking lots prohibited in residential districts. Parking lots shall not be permitted as an accessory use in any single-family residential district.

Off-street storage of vehicles in parking garages and areas in residential districts. The following provisions shall govern the off-street storage of all vehicles in all residential districts:

Antennas with surface areas of 10 square feet or less. Antennas and antenna support structures having a combined surface area not greater than 10 square feet, and no single dimension exceeding 12 feet, shall be permitted as an accessory structure in all districts except the Retail District. Such antennas and antenna support structures shall be permitted in the Retail District only pursuant to Subparagraph (a) of this subparagraph or if authorized by a special use permit issued pursuant to § 260-1162 of this code. See § 260-908F of this code for landscaping and screening requirements applicable to antennas.

Antennas, other than amateur radio facilities, with surface areas exceeding 10 square feet. Antennas and antenna support structures, other than amateur radio facilities, having a combined surface area greater than 10 square feet, or having any single dimension exceeding 12 feet, shall be permitted as an accessory structure only in compliance with the following regulations:

Amateur radio facilities. Amateur radio facilities shall be permitted as an accessory structure only in compliance with the following regulations:

Exterior and outdoor lighting. The purpose of this Paragraph (10) is to provide regulations that preserve and enhance the "dark at night" character of the Village. Any permitted accessory lighting fixtures shall be designed, arranged, and operated so as to prevent glare and direct rays of light from being cast onto any adjacent public or private property or street and so as not to produce excessive sky-reflected glare. It is the intent of this paragraph to provide standards for appropriate lighting practices and systems that will: i) enable individuals to view essential detail to permit them to undertake their activities at night; ii) facilitate safety and security of persons and property; and iii) curtail the degradation of the nighttime visual environment.

Uses subject to special restrictions. When the district regulations of this code require compliance with any procedures or standards with respect to a specific use, such use shall not be established as an accessory use except in compliance with those procedures and standards.

Tree houses. Tree houses shall be authorized only in the residential districts of the Village in accordance with the following regulations:

Chickens. The keeping of chickens (but no roosters or other poultry or fowl) shall be permitted only as an accessory use to a residential use on the same lot, subject to the provisions of this paragraph. On lots where the keeping of chickens is permitted, chicken enclosures, coops, and runs shall be permitted only as accessory structures, subject to the provisions of this paragraph. This paragraph does not apply to or prohibit the keeping of swans on residential lots.

Beekeeping and apiaries. The keeping of the common honeybee, Apis mellifera, shall be permitted, subject to the provisions of this paragraph: i) in the A and B Residential Districts, only as an accessory use to a single-family residential use on the same lot; and ii) in the O Office District, only as an accessory use to a permitted or authorized special use on the same lot. On lots where beekeeping is permitted, beehives, apiaries, and related fencing, barriers, enclosures, and other structures shall be permitted only as accessory structures and subject to securing a certificate of zoning compliance and subject further to the provisions of this paragraph.

Is conducted for gain or support by a full-time occupant of a dwelling unit; and

Is incidental and secondary to the use of such dwelling unit or permitted accessory structure, as the case may be, for residential purposes; and

Does not change the essential residential character of such dwelling unit, or permitted accessory structure.

Employee limitations.

Structural limitations.

Operational limitations.

Signage and visibility.

Traffic limitations. No home occupation shall generate more vehicular or pedestrian traffic than is typical of residences in the area.

Nuisance-causing activities. In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or be noxious, offensive, or hazardous.

Licensing requirements. Every home occupation shall be subject to all applicable business licensing and inspection requirements.

Is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and

Does not involve the construction or alteration of any permanent structure.

Certificate required. Except as provided in Paragraphs D(1) and D(7) of this section, no temporary use shall be established or maintained unless a certificate of zoning compliance evidencing the compliance of such use with the provisions of this code shall have first been issued in accordance with § 260-1141 of this code.

Bases for certificate denial. Such a certificate of zoning compliance may be denied if the Building Commissioner determines that the applicant has failed to comply with the terms or conditions of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of this code and all other Village ordinances regulating the development, use, and maintenance of such property. Such a certificate shall be denied if the Building Commissioner determines that the public health, safety, or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

Conditions on certificate. Such a certificate of zoning compliance may be conditioned upon such special requirements as the Building Commissioner may determine are necessary to achieve the purposes of this code and to protect the public health, safety, and welfare.

Revocation of certificate. Such a certificate of zoning compliance shall be revoked if any of the standards and conditions imposed pursuant to this section, or such certificate, are violated.

House, garage, and yard sales. In the A and B Districts, but only when limited to the personal possessions of the owner-occupant of the dwelling unit at which such sale is being conducted. Such use shall be limited to a period not to exceed three consecutive days, and no more than two such sales shall be conducted from the same residence in any twelve-month period. No certificate of zoning compliance shall be required for such use.

Indoor and outdoor art, craft, and plant shows, exhibits, and sales in the Retail, Specialty Retail, Office, College, or PLB District; provided, however, that any such use shall require the specific prior approval of the Building Commissioner on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such sale shall be limited to a period not to exceed three days. In addition, any shows, exhibits, and sales in the College District shall be sponsored and operated by a college or divinity school organization and shall be subject to such other conditions and regulations that the Building Commissioner may establish for the purposes of preserving and protecting the essential character and objectives of the College District.

Outdoor activities specifically authorized by special use permit in the Retail District and Specialty Retail District only. Such use shall be limited to a period not to exceed 10 days unless a longer period is specified in the special use permit.

Christmas tree sales in the Retail District and Specialty Retail District; and, when conducted by a not-for-profit religious, philanthropic, or civic group or organization on property owned or leased by such group or organization, in the Office or PLB District; provided, however, any such use shall require the specific prior approval of the Building Commissioner on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed 30 days. Display of Christmas trees need not comply with the yard requirements of this code.

Contractors' offices and equipment sheds in any district when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project, and in no event longer than one year unless extended by the Building Commissioner upon a showing of special circumstances. Such use shall be limited to activities related to the development in which such office is located, and no such office shall be used as the general office or headquarters of any firm.

Real estate offices, including model units in any district when accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development, and in no event longer than one year unless extended by the Building Commissioner upon a showing of special circumstances. Such use shall be limited to activities related to the development in which such office is located, and no such office shall be used as the general office or headquarters of any firm.

Tents in any district, in connection with any permitted, accessory, temporary, or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, 10 days. Unless waived in writing by the Building Commissioner, every tent shall comply with the bulk, yard, and space requirements applicable to accessory uses pursuant to § 260-901E of this code. No certificate of zoning compliance shall be required for tents located to the rear of the dwelling in the A or B District.

Civic uses of public property in the PLB District, any civic use of any public building or property when authorized by the governmental agency owning or controlling such property; provided, however, that no such use shall impose an undue adverse effect on neighboring streets or property.

Temporary pool and garden enclosures in the Residential Districts only, and only when specifically authorized by a special use permit. No temporary pool or garden enclosure shall be allowed except in accordance with the following standards:

Civic uses in the College District:

General limitations. Every temporary use shall comply with the limitations made applicable to specified temporary uses by Subsection D of this section. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.

Hours and days of operation. The Building Commissioner may designate the specific hours and days of the week during which a temporary use may operate on the basis of the nature of the temporary use and the character of the surrounding area.

Public safety. No temporary use shall be permitted that can be expected to create any undue on-site or off-site threat to public safety. No temporary use shall be operated except in accordance with any restrictions and conditions that may be imposed to eliminate any such threat. If required by the Building Commissioner, the operator of the temporary use shall employ a fire watch team and/or appropriate security personnel.

Traffic. No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.

Conflicts with other temporary uses. No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

Temporary use sign limitations.

Parking. Before approving any temporary use, the Building Commissioner shall make an assessment of the total number of off-street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off-street parking is provided. No temporary use shall be authorized that would, in the opinion of the Building Commissioner, unreasonably reduce the amount of off-street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

Additional conditions. Every temporary use shall, in addition, comply with, and the Building Commissioner may impose, such other conditions as may be reasonably necessary to achieve the purposes of this code or to protect the public health, safety, and welfare.

Applicability to existing, new, and expanded uses.

Location of required parking spaces.

Location on lot. Off-street parking spaces may be provided in garages at grade, under a building and no more than four feet above grade, or fully underground; on surface areas or lots; or, in the Office District if authorized by a special use permit issued pursuant to § 260-1162 of this code, in parking structures. Parking garages (except those fully underground), areas, lots, and structures shall comply with the yard requirements made applicable to them by the regulations of the district in which they are located. See § 260-901D(6) for additional regulations concerning the storage of vehicles in residential districts.

Screening. All parking garages, areas, lots, and structures shall comply with the screening requirements set forth in § 260-908 of this code.

Design.

Landbanking authorized. Notwithstanding any other provision of this section, a reduction in the total number of off-street parking spaces required to be paved pursuant to Subsection F of this section or the stall width or length dimensions required pursuant to Subparagraph C(3)(j) of this section may be authorized in the Retail, Specialty Retail and Office Districts by a special use permit issued pursuant to § 260-1162 of this code, subject to the conditions set forth in Paragraphs E(2) through E(4) of this subsection and such other conditions deemed necessary to protect the public health and safety and ensure compliance with the purposes and intent of this code.

Termination of landbanking. The Board of Trustees shall have the right, in its sole and absolute discretion, to require the property owner or his or her successor at any time to increase the stall width or length to the dimensions required by Subparagraph C(3)(j) of this section or to increase the number of parking spaces provided to serve said development up to the maximum required by Subsection F of this section for the property in question as if no authorization for landbanking had been granted. No special use permit authorizing landbanking of required parking shall be effective unless and until the applicant and property owner shall file with the Village a written acceptance of this condition.

Alternate plans required. Every request to allow landbanking of required parking spaces shall be accompanied by alternate detailed parking plans. One plan shall show the full stall width and depth required by Subparagraph C(3)(j) of this section and the full number of parking spaces required pursuant to Subsection F of this section; the other plan shall show the reduced stall width and/or length or the reduced number of parking spaces, or both, as the case may be, proposed to be provided pursuant to the authorization being sought and also shall show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking spaces, the exact number of parking spaces to be provided, and complete details for: a) wheel stops, b) markings, c) curbing, d) surfacing, e) screening and landscaping, f) lighting, g) signing, and h) access. Such plans shall be subject to the approval of the Board of Trustees.

Open space covenant. No special use permit authorizing landbanking of required parking shall be effective unless and until the applicant and property owner shall file his or her unconditional agreement and covenant in form and substance satisfactory to the Village Attorney that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off-street parking pursuant to Paragraph E(2) of this subsection. Such agreement and covenant shall be recorded with the Recorder of Deeds of Lake County, Illinois.

Specified uses. For the following uses, the following minimum number of off-street parking spaces or stacking spaces shall be provided:

Unspecified uses. When the ultimate use of a structure is not known, the maximum number of spaces that might be required for any use to which the structure might reasonably be devoted shall be provided.

Computation of required spaces.

Applicability to existing, new, and expanded uses.

Location of required loading spaces. Loading spaces shall be located on the same zoning lot as the use they serve.

Location on lot. No loading space shall be located in a required front or side yard, and any loading spaces located in a required rear yard shall comply with the yard requirements made applicable to them by the regulations of the district in which they are located and be open to the sky, except for required screening. No loading space for vehicles over two-ton capacity shall be located within 50 feet of any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required loading space shall be located within 100 feet of the nearest point of intersection of any two public or private streets. No loading space shall be located closer to any public right-of-way than the facade of the building facing such right-of-way. No loading space shall open onto any building facade facing a public right-of-way. All loading spaces shall be located and arranged to provide logical and convenient access thereto from the use they serve.

Screening. All loading spaces shall comply with the screening requirements set forth in § 260-907 of this code.

Design.

General requirement. Loading spaces or receiving areas shall be provided in sufficient number, of sufficient size, and so located that no loading and unloading operations infringe upon any street or sidewalk.

Minimum requirements.

Illumination.

Sign colors. No sign erected after the effective date of this code shall employ more than three colors unless specifically authorized by a two-thirds affirmative vote of the Architectural Review Commission or by a special use permit granted under Subparagraph 260-406D(20). For purposes of this subsection, black and white shall be considered to be colors.

Electrical elements.

Structural elements. The construction and structural components of all signs shall be in accordance with the standards and regulations of the Bannockburn Building Code.[3] All permanent signs shall be constructed of fire-resistant materials and shall be capable of withstanding wind pressures of at least 30 pounds per square foot of surface area and of receiving dead loads based on the actual weight of the structure.

Minimum elevation of signs. The bottom of every awning, canopy, and wall sign shall be elevated at least eight feet above grade; except that, if authorized by special use permit, one wall identification sign on a zoning lot in the Office District that abuts Waukegan Road and is more than 10 acres in size may have an elevation of not less than three feet seven inches above grade. Whenever possible, wall signs on the same facade shall maintain the same top and bottom elevations above grade.

Obstruction of accessways. No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window, or other required accessway.

Obstruction of window surface. No sign shall project over, occupy, or obstruct any window surface required for light or ventilation by any applicable provision of the Bannockburn Building Code.[4]

Traffic safety. No sign shall be maintained at any location where, by reason of its position, size, shape, content, color, or illumination, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal, or device or where it may interfere with, mislead, or confuse traffic.

Signs in rights-of-way. No sign, except certain civic event signs hereinafter referred to and governmental signs authorized in this section, shall be placed in or extend into or over any public property or right-of-way. Civic event signs may extend on, into, or over a public right-of-way upon the specific prior approval of the Board of Trustees on the basis of need, impact on pedestrian, equestrian, and vehicular traffic, and impact on surrounding property.

Sign maintenance. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in compliance with this code and all applicable laws, in a safe and secure condition, and in a neat and orderly condition and good working order at all times, and to prevent the development of any rust, corrosion, rotting, or other deterioration in the physical appearance or safety of such sign. The premises around ground and pylon signs shall be kept clean and free of all rubbish and weeds.

Sign measurement.

Signs on lots with multiple users. When more than one user occupies a zoning lot, the owner of the lot shall be responsible for allocating permitted signage among such users.

Sign spacing. Except as authorized by special use permit granted under Subparagraph 260-406D(20), no sign shall be nearer than six feet to any other sign or structure, other than a structure to which it is lawfully attached.

Functional types. For purposes of this code, signs shall be classified as follows according to function:

Structural types. For purposes of this code, signs shall be classified as follows according to structure:

Advertising signs, except when in the form of exterior marking on a vehicle and not in excess of one square foot in area, and otherwise in compliance with the provisions of § 260-901D(6).

Attention-getting devices.

Awning, canopy and marquee signs, except that:

Changeable message signs.

Off-premises identification signs, except as expressly permitted pursuant to Subsection H of this section.

Real estate "sold by" signs.

Moving or animated Signs, except public service signs as expressly authorized in this section.

Portable signs, except when approved in connection with temporary uses pursuant to § 260-903 of this code.

Projecting signs.

Pylon signs, except scoreboards or except when located in the Office District and within 25 feet of and facing an exit ramp from the Illinois Tollway.

Roof signs.

Service station signs, except as specifically authorized by special use permit.

Temporary signs, except as expressly authorized in this section and except when approved in connection with temporary uses pursuant to § 260-903 of this code.

Any sign that advertises, identifies, or pertains to a business no longer conducted, or a product no longer sold, on the premises where such sign is located. Such signs shall be removed within 30 days following cessation of the relevant activity.

Any sign on a tree or utility pole, whether on public or private property.

Any sign on public property, except governmental or civic event signs authorized in this section.

Any sign painted directly on a wall, roof, or fence.

Any sign using reflective paint or tape, other than a governmental sign or a warning sign, or as specifically approved by the Board of Trustees as part of a campus development plan for any sign located in the College District.

Any sign displaying the price of any goods or services or any interest rate, except temporary window signs authorized by this section.

Any sign in the shape of any product, other than a temporary window sign.

Advertising signs. Such signs shall be no more than one square foot in area and shall be allowed only in the form of exterior markings on a vehicle when otherwise in compliance with the provisions of § 260-901D(6).

Bulletin board signs. Such signs shall be limited to no more than one wall or ground sign per zoning lot, shall be no more than 15 square feet in area, and shall be permitted only in connection with public, religious, and civic institutions. No ground sign shall be higher than four feet or closer to any street line than 10 feet or closer to any other lot line than six feet.

Civic event signs. Such signs must be expressly authorized by formal action of the Board of Trustees and shall be limited to no more than one wall or ground sign per zoning lot. No such sign shall be larger than 15 square feet in area. No ground sign shall be higher than six feet or, unless specifically permitted by the Board of Trustees, closer to any lot line than 15 feet. Such signs shall be displayed for period of not more than 14 days.

Governmental signs. The content and size of any such sign shall not exceed the requirements of the law, ordinance, or regulation pursuant to which such sign is erected.

Holiday decorations. Such signs shall be displayed for a period of not more than 45 days before nor more than 20 days following the holiday in connection with which they are displayed and, except for Village signs of such type, shall be located no closer than 10 feet to any lot line and shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.; any other provision of this section to the contrary notwithstanding, such signs may be of any type, number, area, height, illumination type, or animation so long as they create no safety hazard, nuisance, or adverse impact on the adjacent properties.

Memorial signs. Such signs shall be limited to no more than one wall or ground sign per zoning lot, shall be made of durable materials such as bronze, stone, or concrete, shall not be illuminated, and shall not exceed three square feet in area. No ground sign shall be higher than four feet or closer to any lot line than six feet.

Nameplate signs. Such signs shall be limited to no more than one wall or ground sign per occupancy, shall be no more than one square foot in area per occupancy and in no event more than three square feet in area, and shall not be illuminated. No ground sign shall be higher than four feet nor closer to any lot line than five feet.

Official flags and emblems. Such signs shall be limited to no more than three per lot. Such signs may be displayed on flagpoles and when so displayed shall not exceed 24 square feet in area each. Such signs may also be displayed in the form of a wall sign and when so displayed shall not exceed three square feet in area each.

On-site informational signs. Such signs shall be limited to wall or ground signs of not more than six square feet in area in the Office District or three square feet in area in all other zoning districts, shall be, if a ground sign, not more than four feet in height nor closer than five feet to any street or right-of-way line, and shall be illuminated only as necessary to accomplish their intended purpose.

Political signs.

Private warning signs. Such signs shall be no more than two square feet in area each, shall be limited to the number necessary to accomplish the intended purpose, and shall be illuminated only as required to accomplish such purpose.

Real estate signs. Except as otherwise provided below, such signs shall be limited to one single- or double-faced, nonilluminated sign of the following maximum gross surface areas and maximum heights:

Temporary use signs. Temporary use signs in compliance with Paragraph F(6) of this section.

Temporary window signs. The aggregate area of all such signs shall not exceed 25% of the area of the window in which they are exhibited nor block any window area required for light, ventilation, or emergency exit by any applicable code. No such sign shall be illuminated.

Functional types permitted.

Structural types permitted.

Number of signs permitted.

Maximum gross surface area of signs permitted.

Maximum height of signs permitted.

Minimum setback required.

Illumination.

Signs accessory to nonconforming uses. Signs accessory to nonconforming uses in the residential districts, the PLB District and the Office District shall be subject to the provisions of this Subsection H.

Ground signs in the Office District. The base of all ground signs in the Office District shall be solid and constructed of stone or similar masonry material that has architectural symmetry with the style, composition, materials, and details of the Village entry signage (as depicted on Appendix 260-906-2). In addition, the sign face of all ground signs in the Office District shall have architectural symmetry with the style, composition, materials, and details of the principal building on the property upon which the ground sign is located. Ground signs in the Office District shall be designed and constructed so that the width of the sign base is not less than the width of the sign face. Each ground sign in the Office District shall include the property address of the lot on which the sign or use is located, which address shall be included within the top 1/3 portion of the sign and shall remain visible from the nearest street adjacent to the lot; provided, however, that this Paragraph H(9) shall not be deemed or interpreted as allowing or authorizing any illumination of the sign in excess of the sign illumination standards set forth in this code. Landscaping shall be installed in the area surrounding a ground sign in the Office District, and shall be maintained in a manner that preserves the visibility of the address on the sign, as required by this Paragraph H(9). The design, materials, and location of a ground sign in the Office District, as well as the location and materials for the proposed landscaping to be installed around any such ground sign, shall be reviewed and approved by the Architectural Review Commission in accordance with § 260-1166C of this code.

Functional types permitted.

Structural types permitted.

Number of signs permitted.

Maximum gross surface area of signs permitted.

Maximum height of signs permitted.

Minimum setback required.

Illumination.

Signs accessory to nonconforming uses. Signs accessory to nonconforming uses in the Retail District shall be subject to the provisions of this Subsection I.

Functional types permitted.

Structural types permitted.

Number of signs permitted.

Maximum gross surface area of signs permitted.

Maximum height of sign permitted.

Maximum setback required.

Illumination.

Signs accessory to nonconforming uses. Sign accessory to nonconforming uses in the College District shall be subject to the provisions of this Subsection J.

The bufferyards specified in this § 260-907 shall be established from and after the effective date of this code in conjunction with any development in the Village in any district, which:

Required bufferyards shall be installed prior to the issuance of a certificate of occupancy for any new structure or addition to an existing structure unless the Building Commissioner receives from the owner, at the owner's sole cost, a letter of credit or other acceptable security in the amount of 125% of the estimated cost of such bufferyard as determined by the Village to assure that the bufferyard is installed to the Building Commissioner's satisfaction within six months after the issuance of such certificate of occupancy. All bufferyards shall be established and maintained for a minimum of two years following an issuance of a certificate of occupancy.

Notwithstanding any provision of this § 260-907 to the contrary, a property shall not be deemed to be in violation of this section due to the removal from a property's required bufferyard area of one or more trees or shrubs that are dead or dying due to disease or insect infestation or that are otherwise hazardous due to natural conditions or force majeure, provided that:

Determine opacity value. Bufferyards are to be designed to achieve a certain opacity value depending upon their location and consequent desired function. The required opacity value at district boundaries, between properties, and along various rights-of-way shall be determined using the following Tables of Required Opacity Value:

Calculate number of plant units. The following table indicates the number of plant units, depending upon bufferyard type and width, which must be installed per 100 lineal feet of bufferyard in order to achieve the opacity values specified in the Table of Required Opacity Value as well as when a berm or fence must be incorporated in the design:

Select plant materials. For purposes of this code, the plant materials required shall be measured in terms of "plant units," which may be established by selecting from any of the alternatives listed in the following Table of Plant Unit Alternatives:

Account for preserved trees and shrubs in bufferyards.

In lieu of strict compliance with the planting requirements of Paragraph D(3), a property owner may apply to the Village for approval of an alternative landscaping design ("alternative design") that is sufficient to meet the applicable opacity requirements within 10 years.

An alternative design application shall be subject to review and approval by the Architectural Review Commission at a public meeting. A proposed alternative design shall be approved only if the Architectural Review Commission determines that the applicant has demonstrated that the proposed alternative design:

Parking lot screening.

Parking lot interior landscaping. In addition to the requirements set forth in Paragraph A(1) above, every parking lot containing 10 or more parking spaces shall contain at least one tree two inches or greater in diameter for each 10 parking spaces constructed after June 27, 1977. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least 36 square feet. No existing or new tree located more than five feet outside the perimeter of the paved parking area shall be counted in meeting the requirements of this Paragraph A(2). All islands in excess of 50 square feet created by curbs or other traffic flow regulators shall be landscaped. Planting islands located within the interior of a parking lot shall be at least six feet in width.

Parking garage and structure design. The exterior walls of every parking garage and structure constructed after the effective date of this code, other than garages accessory to single-family dwellings, shall be constructed of the same materials as the principal building to which the garage or structure is accessory and shall be such as to shield all parked vehicles from view from the exterior of the garage or structure.

Screening. All refuse containers and all areas of permitted outdoor storage shall be enclosed on at least three sides by an opaque fence, wall, or densely planted evergreen hedge of a height and in a manner sufficient to completely screen such containers or storage areas from view from adjoining properties and public or private streets.

Location. No refuse containers or storage areas shall be located between any principal structure and either its front or corner side lot line.

Exemptions. The requirements of the preceding Paragraph C(1) shall not apply to standard receptacles permitted for use by single-family dwellings. None of the requirements of this Subsection C shall apply to receptacles placed and maintained for use by the general public to avoid littering.

Building setback. All buildings more than 15 feet in height shall be set back from any front or corner side lot line facing a residential district a distance equal to the setback normally required or to the front yard required in the adjacent residential district or 100 feet, whichever is greater, and from any other lot line no less than 100 feet.

Landscaping and screening. Any front or corner side yard or setback required pursuant to the preceding paragraph shall be treated as a perimeter landscaped bufferyard. Any side or rear lot line abutting a dwelling use or a residential district shall be buffered by a perimeter landscaped open space of at least five feet in width along such lot line and shall provide a total visual screen at least six feet in height along the entire length of such line.

Outdoor activity areas. Any area of permitted outdoor activity likely to produce visual or auditory disturbance or annoyance on any abutting residential lot shall be separated from said lot by a perimeter landscaped bufferyard at least 50 feet wide or by another buffering treatment found by the Building Commissioner to be reasonably sufficient to create a visual barrier, to absorb and diffuse noise, and to ensure the private enjoyment of said lot.

Patios, decks, and porches not over three feet above the average level of the adjoining ground, but not including a covered porch, provided that any such patio, deck or porch is located no closer than 15 feet to any lot line;

Awnings and canopies;

Steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

Chimneys projecting 18 inches or less into the yard;

Recreational and laundry-drying equipment;

Arbors and trellises;

Flagpoles;

Closed-type fences not exceeding six feet in height above grade, provided that such closed-type fence does not abut, in whole or in part, any public right-of-way with the exception of Half Day Road;

Open-type fences not exceeding eight feet in height; and

Pylons, subject to the following conditions:

One-story bay windows projecting three feet or less into the yard; and

Overhanging eaves and gutters projecting three feet or less into the yard.

Enclosed, attached or detached off-street parking spaces;

Open off-street parking spaces;

Accessory sheds, tool rooms, and similar buildings or structures for domestic or agricultural storage, subject to the required setback for accessory structures;

Balconies, breezeways, patios, decks, and porches, but not including a covered porch, provided that such balcony, breezeway, patio, deck, or porch does not extend into the required rear yard by more than 15 feet;

One-story bay windows projecting three feet or less into the yard; and

overhanging eaves and gutters projecting three feet or less into the yard.

Separation from residential districts and properties. Personal wireless services antennas, support structures, and personal wireless services facilities shall not be located within 500 feet from the nearest outside wall of any single-family dwelling in existence prior to the commencement of construction of such personal wireless services antennas, support structures, or personal wireless services facilities; provided, however, that the personal wireless services antennas, support structures, or personal wireless services facilities that are located on property owned by the Village may be located within 500 feet of, but not less than 150 feet from, the nearest outside wall of any single-family dwelling.

Height. Unless otherwise authorized and approved as a special use, personal wireless services antennas, support structures, or personal wireless services facilities may extend to the following heights:

Location. Personal wireless services antennas shall be mounted on existing antenna support structures or other lawfully existing buildings, unless otherwise provided in this chapter. No more than one antenna support structure shall be permitted on any one zoning lot; provided, however, that not more than two monopole support structures may be permitted as a special use on any zoning lot:

Co-location. Unless otherwise authorized by the Village for good cause shown, every newly constructed personal wireless services antenna support structure shall be designed, constructed and installed to be of a sufficient size and capacity to allow the commercially feasible location of antennas for additional personal wireless service providers on such structure in the future.

Design of antennas support structure. Every newly constructed personal wireless services antenna support structure, other than an existing structure that is designed primarily for a purpose other than supporting a personal wireless services antenna, shall:

Color. Every personal wireless services antenna and antenna support structure shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and antenna support structures; provided, however, that directional or panel antennas and omnidirectional or whip antennas mounted on the exterior of a building serving as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building.

Landscaping and buffering. In order to minimize the visibility of personal wireless services antennas, support structures, and personal wireless services facilities, a natural screen or fence shall be erected, if not already provided, so as to provide the maximum achievable screening as determined by the Village. Appropriate landscaping shall be located and maintained between any personal wireless services antenna, support structure, and personal wireless services facilities (other than a roof-mounted personal wireless services antenna) and each lot line of the property on which it is located so as to provide the maximum reasonably achievable screening, as determined by the Village, of such personal wireless services antennas, support structure, and personal wireless services facilities from view from adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than 10 feet in height. Alternatively, for a roof-mounted personal wireless services antenna and antenna support structure, the maximum reasonably achievable screening shall be provided between such personal wireless services antenna and antenna support structure and the view from adjoining properties and public or private streets.

Protection against climbing. Every personal wireless services antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public with fencing or by other means approved by the Building Commissioner.

Equipment enclosures. All personal wireless services facilities shall, whenever possible, be located within a lawfully preexisting structure or completely below grade. Where the Village Building Commissioner determines that the location of personal wireless facilities within an existing structure or below grade cannot be achieved in a reasonably cost-effective manner, a new structure having not more than 150 square feet in gross floor area may be constructed to house such equipment. Such structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure.

Architectural review. Any location of a personal wireless services antenna, support structure, or personal wireless services facility, as a permitted use or pursuant to a special use permit, shall be subject to architectural review, as provided by § 260-1166 of this code, to confirm that such antenna, support structure, or personal wireless services facility meets or exceeds the standards and requirements set forth in this section, any other applicable ordinance, and otherwise complies with the procedures and standards set out in § 260-1166. Notwithstanding § 260-1166E(1)(d), the application for approval of such antenna, support structure, or personal wireless services facility must be approved by the Architectural Review Commission prior to issuance of any building permit therefor, and the failure of the Architectural Review Commission to act on the application will be deemed a disapproval of the application.

Licenses and permits. The operator of every personal wireless services antenna shall submit to the Village copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. In addition, no personal wireless services antenna may be installed, nor may any antenna support structure or personal wireless services facility be constructed or altered, without a building permit issued therefor by the Village.

Abandonment and removal. When any antenna, antenna support structure, or personal wireless services facilities are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such antenna, antenna support structure, or personal wireless services facilities may be deemed to be abandoned by the Village. The owner of such antenna, antenna support structure, or personal wireless services facilities shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of personal wireless services use an antenna support structure or personal wireless services facility to provide personal wireless services, then the period of nonuse under this provision for any support structure or personal wireless services facilities shall be measured from the cessation of operation by all such providers of the support structure or personal wireless services facilities.

Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of building-mounted wind energy systems (BWES) and small wind energy systems (SWES);

Assure that any development and production of wind-generated electricity in the Village is safe and to minimize any potentially adverse effects on adjoining properties and the broader community;

Facilitate the development and production of wind-generated electricity in the Village in a manner consistent with the predominately low-density, countryside character of the Village;

Promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals; and

Facilitate energy cost savings and economic opportunities for Village residents and businesses.

Compliance with laws. All WES shall comply with all applicable Village, state, and federal laws and regulations, including, without limitation, the provisions of this § 260-911, this code, and all Village building ordinances and regulations.[1]

Compliance with permits. All WES shall comply with all applicable WES permits issued pursuant to this § 260-911, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.

Horizontal axis wind turbines prohibited. No WES may include a horizontal axis wind turbine at any location for any use within the Village.

Interference with utilities, roads, and neighboring properties. No WES shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the Village, or so as to interfere with the reasonable use and enjoyment of any other property in the Village.

General engineering regulations.

General installation regulations.

General sound level regulations.

General shadow flicker regulations.

Cessation of operation in emergency. The owner of the WES shall be required to immediately cease operation of the WES for the duration of any emergency, as determined by the Village. For purposes of this Paragraph C(9), an "emergency" shall mean a condition or situation caused by the WES or a natural or man-made disaster that presents an imminent physical threat of danger to life or significant threat to property.

Electronic interference. WES facilities shall not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this Paragraph C(10), "degradation in performance" shall be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.

Maintenance.

Decommissioning.

Architectural review. The design, materials, and location of all proposed WES facilities shall be subject to architectural review pursuant to § 260-1166 of this code.

Permitted locations. Building-mounted wind energy systems are allowed as a permitted use in any zoning district, but only upon issuance of a BWES permit in accordance with the following:

Installation. BWES devices may be structurally attached either on the roof or on the side of a building, if in accordance with the Village Building Code.[2] There shall be no maximum number of BWES devices that may be installed on any property, provided that each such device complies with all applicable provisions of this code.

Height. No portion of any BWES facility shall extend more than 15 feet above the highest point of the building on which it is mounted, nor more than 35 feet above grade if located in any residential district.

Diameter. Unless authorized pursuant to a special use permit, the maximum diameter of a BWES shall be as follows:

Color and sun glint. BWES facilities shall be finished in a neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the BWES.

Signage. No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.

Permitted locations. One SWES is allowed as a permitted use on any property, but only upon issuance of an SWES permit in accordance with the following:

Use and energy production restrictions. The primary purpose of the SWES shall be the production of energy for local distribution and consumption on the property on which the SWES is located. SWES shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that excess energy produced by an SWES may be sold to a local electric utility company.

Bulk restrictions.

Diameter. Unless authorized pursuant to a special use permit, the diameter of a SWES shall not exceed 10 feet.

Color and sun glint. Except as approved in advance by the Building Commissioner, all SWES facilities shall be finished in either off-white, light gray, or another neutral color. The finish shall be flat or matte so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the SWES.

Signage.

Climb prevention. The base of the tower shall not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with a locked fence that is at least eight feet in height.

Lighting.

Environmental impact.

A sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the Village; and

Electric bills for the property on which the WES is located for the preceding 12 months, to indicate the level of WES energy production and usage.

Establish reasonable and uniform regulations for the location, installation, operation and maintenance of solar and geothermal energy systems;

Assure that any development and production of solar and geothermal energy systems is safe and minimizes any potentially adverse effects on the community;

Promote the supply of sustainable and renewable energy resources, in support of national, state and local goals; and

Facilitate energy cost savings and economic opportunities for residents and businesses situated within the Village.

Compliance with laws. All solar energy systems shall comply with all applicable Village, state, and federal laws and regulations, including, without limitation, the provisions of this § 260-912, this code, and all Village building ordinances and regulations.[1]

Compliance with permits. All solar energy systems shall comply with all applicable solar energy systems permits issued pursuant to this § 260-912, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.

Use and energy production restrictions. The sole purpose of the solar energy system shall be the production of energy for local distribution and consumption on the property on which the solar energy system is located; provided, however, that excess energy produced by a solar energy system may be sold to a local electric utility company.

Interference with utilities, roads, and neighboring properties. No solar energy system shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the Village, or so as to interfere with the reasonable use and enjoyment of any other property in the Village.

Engineering requirements. Solar energy systems shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute, as determined by the Building Commissioner.

Building-mounted solar energy systems.

Ground-mounted solar energy systems.

Portable solar energy systems for swimming pools. Portable solar energy systems may only be constructed and used within the Village in accordance with the following additional provisions:

Decommissioning.

Compliance with laws. All geothermal energy systems shall comply with all applicable Village, county (including, without limitation, applicable regulations of the Lake County Health Department), state, and federal laws and regulations, including, without limitation, the provisions of this § 260-912, this code, and all Village building ordinances and regulations.[2]

Compliance with permits. All geothermal energy systems shall comply with all applicable geothermal energy systems permits issued pursuant to this § 260-912, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.

Permitted locations. Geothermal energy systems are allowed as a permitted use in any zoning district, but only upon issuance of a geothermal energy system permit in accordance with the following:

Engineering requirements. Geothermal energy systems shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute, as determined by the Building Commissioner.

Setbacks. All components of a geothermal energy system that are located above ground shall comply with the generally applicable setback restrictions for the zoning district in which the system is located.

Installation in rights-of-way prohibited. No portion of a geothermal energy system shall be installed in any right-of-way or in any easement dedicated for roadway purposes.