Accessory buildings, structures and uses customarily incidental to and commonly associated with a use allowed as a permitted or special use within a particular zoning district may be allowed to occupy the same zoning lot as the permitted or special use. To qualify as an accessory building, structure or use, the building, structure or use shall be operated and maintained under the same ownership and on the same zoning lot as the principal building, structure or use, shall not include structures or structural features inconsistent with the principal building, structure or use, and shall not involve the conduct of any business, profession, or trade unless expressly authorized hereinafter. (Ord. 2012-05, 1-17-2012)

The following accessory uses and structures are allowed and may be regulated by additional requirements in this chapter:

   A.   Allowable accessory uses and structures in residential districts:

Agricultural building, in accordance with chapter 5 of this title.

Antennas, communication, and structures.

Clothesline.

Composters and compost bins in accordance with section 10-3-4 of this chapter.

Daycare homes in accordance with state regulations and licensed by the state of Illinois.

Decks, patios, terraces and outdoor fireplaces in accordance with sections 10-3-4 and 10-3-5 of this chapter.

Detention and retention areas.

Dog runs and doghouses in accordance with section 10-3-5 of this chapter.

Driveways in accordance with the Bartlett building code.

Dumpster and trash enclosures, in the SR-5 and SR-6 zoning districts only, in accordance with section 10-3-5 of this chapter.

Fences, arbors, pergolas and trellises in accordance with sections 10-3-4 and 10-3-5 of this chapter.

Flagpoles, freestanding, in accordance with section 10-3-3 of this chapter.

Garages and carports in accordance with section 10-3-3 of this chapter.

Gardens.

Gazebos in accordance with section 10-3-3 of this chapter.

Greenhouses.

Home occupations in accordance with section 10-3-5 of this chapter.

Horse stables, in the ER-1 district only, in accordance with section 10-3-5 of this chapter.

Lawn furniture, such as benches, sundials, birdbaths, and similar architectural features.

Light standards and fixtures, ornamental.

Parking spaces, off street, for lawful occupants or users of permitted or special uses on the same premises, in accordance with chapter 10 of this title.

Playgrounds.

Playhouses in accordance with section 10-3-3 of this chapter.

Ponds, landscaped and water features.

Portable storage units, temporary, in accordance with section 10-3-5 of this chapter.

Rain barrels.

Sheds and/or storage buildings for garden equipment or the storage of household items in accordance with section 10-3-3 of this chapter.

Sidewalks and other walkways.

Signs, in accordance with chapter 10 of this title.

Solar collectors in accordance with section 10-3-4 of this chapter.

Sport courts, private in accordance with section 10-3-5 of this chapter.

Swimming pools, spas and hot tubs (including decks, mechanical systems, and any other associated structures) when conforming with other codes or ordinance of the village.

Tents in accordance with section 10-3-5 of this chapter.

Trailers, temporary construction, in accordance with section 10-3-5 of this chapter.

Vehicles, servicing of, in accordance with section 10-3-5 of this chapter.

Wind energy systems, small, in accordance with section 10-3-5 of this chapter.

   B.   Allowable accessory uses and structures in office, business and industrial districts:

Antennas, communication, and structures.

Cafeterias, daycare and health facilities for employees of the company or companies on the premises provided no exterior advertising of such facilities is provided, in the O-R and I-2 EDA districts only.

Central heating and air conditioning units, in the B-1, B-2, B-3 and B-4 districts only.

Daycare homes, in the B-1, B-2, B-3 and B-4 districts only, in accordance with state regulations and licensed by the state of Illinois.

Decks, patios, terraces and outdoor fireplaces in accordance with section 10-3-4 and 10-3-5 of this chapter.

Detention and retention areas.

Driveways in accordance with the Bartlett building code.

Dumpster and trash enclosures in accordance with section 10-3-5 of this chapter.

Fences in accordance with section 10-3-5 of this chapter.

Flagpoles, freestanding, in accordance with section 10-3-3 of this chapter.

Garages and carports in accordance with section 10-3-3 of this chapter.

Generators.

Home occupations, in the B-1, B-2, B-3 and B-4 districts only, in accordance with section 10-3-5 of this chapter.

Loading areas, off street, in accordance with chapter 10 of this title. Truck parking shall be limited to vehicles of not over one and one-half (1 1/2) tons' capacity when located within one hundred fifty feet (150') of a residential district boundary line.

Offices, incidental to a permitted or special use, in the I-1 and I-2 EDA districts only.

Outdoor service and consumption of food and alcoholic beverages in conjunction with a restaurant on the property, in the B-1, B-2, B-3, B-4 and I-2 EDA Zoning Districts only, in accordance with section 10-3A-1 of this chapter.

Outlet stores, retail, accessory to a manufacturing or wholesale establishment, in the I-1 and I-2 EDA districts only.

Parking spaces, off street, for lawful occupants or users of permitted or special uses on the same premises, in accordance with chapter 10 of this title. Truck parking shall be limited to vehicles of not over one and one-half (11/2) tons' capacity when located within one hundred fifty feet (150') of a residential district boundary line.

Ponds, landscaped and water features.

Portable storage units, temporary, in accordance with section 10-3-5 of this chapter.

Railroad spur tracks, in the I-1 and I-2 EDA districts only.

Rain barrels.

Sheds and/or storage buildings for the storage of supplies in accordance with section 10-3-3 of this chapter.

Sidewalks and other walkways.

Signs, in accordance with chapter 10 of this title.

Solar collectors in accordance with section 10-3-4 of this chapter.

Tents in accordance with section 10-3-5 of this chapter.

Trailers, temporary construction, in accordance with section 10-3-5 of this chapter.

Wind energy systems, small, in accordance with section 10-3-5 of this chapter.

   C.   Allowable accessory uses and structures in special districts:

For allowable accessory uses and structures in the public lands district, West Bartlett Road corridor overlay district and planned development district see Chapter 7 of this title. (Ord. 2012-05, 1-17-2012; amd. Ord. 2022-01, 1-4-2022)

Accessory buildings and structures are permitted in any zoning district.

   A.   Accessory Buildings And Structures:

      1.   Attached Accessory Buildings: All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal buildings.

      2.   Building And Structure Location:

         a.   No part of an accessory building shall be located closer than five feet (5') to any lot line except in the SR-4 district where an accessory building may be located within three feet (3') of a lot line.

         b.   In a residential zoning district, no detached accessory building shall be closer than ten feet (10') to the principal building. However for any accessory building over twenty feet (20') in length the required distance between the structures shall be increased by an additional one foot (1') for each foot over twenty feet (20').

         c.   No part of an accessory building or structure, excluding fences and driveways (upon approval of the village engineer), is permitted on or over any public utility or public drainage easement.

      3.   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the construction of the principal building to which it is an accessory.

      4.   Area: The square footage of any accessory building or structure on a lot may not exceed the aggregate total square footage of all principal structures on a lot.

      5.   Percentage Of Required Yard Occupied: No detached accessory building or buildings shall occupy more than thirty percent (30%) of the area of a required yard.

   B.   Accessory Building And Structure Height:

      1.   Height: No detached accessory building or structure shall exceed the height of the principal building or structure. However, in no case shall such accessory building or structure exceed fifteen feet (15') in height.

      2.   Building Appurtenances: Chimneys, parapet walls, skylights, steeples, flagpoles, smokestacks, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers and spires, roof gardens, recreational facilities, wireless towers, antennas, solar panels, necessary mechanical appurtenances, penthouses to house mechanical appurtenances and the like may be erected above the height limits herein prescribed and shall not be included in calculation of building height. Such items erected more than ten feet (10') in excess of the height limits of the zoning district in which they are located or the height of the structure to which they are attached, shall be required to be reviewed and approved by the village board prior to being erected.

      3.   Freestanding Flagpoles: Freestanding flagpoles shall not exceed twenty five feet (25') in height as measured from existing grade and shall not be closer than twenty feet (20') to a front property line. (Ord. 2012-05, 1-17-2012)

Subject to all other requirements of this chapter, accessory buildings, accessory structures and/or accessory uses shall be permitted in designated yards of a zoning lot as follows in table 3-1 of this section:

F: Denotes permitted obstruction in front yards.

C: Denotes permitted obstruction in corner side yards.

S: Denotes permitted obstruction in side yards.

R: Denotes permitted obstruction in rear yards.

Note that all types of obstructions listed below shall meet either the setback requirements of the zoning district in which they are located, the provisions of this chapter, or any specific setbacks listed with the type of obstruction. This provision is intended to designate which yards a specific type of obstruction may be located within.

 

(Ord. 2012-05, 1-17-2012; amd. Ord. 2015-97, 12-1-2015; Ord. 2020-04, 1-7-2020)

   A.   Decks: Decks as defined in this title may be erected in all zoning districts subject to the following:

      1.   Permits: Prior to the construction of any deck, the property owner shall obtain a building permit from the building department in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

      2.   Height Measurement: The height of all decks shall be measured from the immediately adjacent ground level to the floor of the deck. Any deck greater than thirty inches (30") in height shall provide a guardrail in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

      3.   Location:

         a.   General: Decks are only permitted in the rear yard and the interior side yard of a corner lot.

         b.   Easements: Decks shall not be located on or over any public utility or public drainage easements.

         c.   Rear Yard: Decks are permitted within the rear yard as follows:

            (1)   Decks eighteen inches (18") or less in height above the average ground elevation, are permitted within the rear yard, and shall be set back a minimum of five feet (5') from any property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any property line or in the case of attached single-family dwelling units (see figures 3-1 and 3-2 of this section).

               (A)   Decks associated with attached single-family dwelling units may be constructed up to a side property line only if that side property line coincides with a shared common wall between the dwelling units.

               (B)   If a deck is immediately adjacent to another deck along a common side property line, a dividing wall shall be provided between the adjacent decks.

         d.   Interior Side Yards: Decks are only permitted in an interior side yard of a corner lot when the deck will be located opposite the front entrance, then a deck eighteen inches (18") or less in height shall be permitted and shall be set back a minimum of five feet (5') from any property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any property line (see figure 3-1 of this section).

            (1)   Decks more than eighteen inches (18") in height above the average ground elevation, are permitted to extend a maximum of ten feet (10') into the required rear yard, however they shall be set back a minimum of five feet (5') from any side property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any side property line or in the case of attached single-family dwelling units (see figures 3-1 and 3-3 of this section).

               (A)   Decks associated with attached single-family dwelling units may be constructed up to a side property line only if that side property line coincides with a shared common wall between the dwelling units.

               (B)   If a deck is immediately adjacent to another deck along a common side property line, a dividing wall shall be provided between the adjacent decks.

      4.   Construction: The Bartlett building code shall regulate proper construction standards for decks.

      5.   Balcony: Structures attached to a building without poles or ground access shall be considered balconies.

      6.   Decks With Roofs: All overhead coverings or structures shall be considered roofs. Decks with roofs that are attached to a principal structure are considered an attached accessory building and must meet all required yard setbacks.

FIGURE 3-1
DECKS
(Detached Dwelling Units)

 

FIGURE 3-2
DECKS 18" OR LESS IN HEIGHT
(Attached Dwelling Units)

 

FIGURE 3-3
DECKS MORE THAN 18" IN HEIGHT
(Attached Dwelling Units)

 

   B.   Dog Runs And Doghouses: Dog runs as defined in this title and doghouses may be erected in residential areas, subject to the following:

      1.   Permits: Prior to the construction of any dog run or doghouse, the property owner shall obtain a building permit from the building department in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

      2.   Location:

         a.   General: Dog runs and doghouses shall only be permitted in the rear yard.

         b.   Easements: Dog runs and doghouses shall not be located on or over any public utility or public drainage easement.

         c.   Setbacks: Dog runs and doghouses shall be set back a minimum of five feet (5') from any property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any property line.

      3.   Height: Dog runs and doghouses shall not exceed six feet (6') in height.

      4.   Construction: The Bartlett building code shall regulate proper construction standards for dog runs and doghouses.

   C.   Dumpster And Trash Enclosures:

      1.   Permits: Prior to the construction of any dumpster or trash enclosure, the property owner shall obtain a building permit from the building department in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

      2.   Location:

         a.   General: Dumpster and trash enclosures shall be permitted in the side or rear yard only.

         b.   Easements: Dumpster or trash enclosures shall not be located on or over any public utility or public drainage easement.

         c.   Setbacks: Dumpster or trash enclosures shall be set back a minimum of five feet (5') from any property line.

         d.   Vision Clearance: Dumpster or trash enclosures shall not be located so as to obstruct the vision of vehicles or pedestrians on the site or intersections or roadways located adjacent to the site.

      3.   Construction:

         a.   Dumpster and trash enclosures shall be built with a solid gate.

         b.   Dumpster and trash enclosures are further regulated by the landscape ordinance (chapter 10 of this title).

         c.   The Bartlett building code shall regulate proper construction standards for dumpster and trash enclosures.

   D.   Fences:

      1.   Permits: Prior to the construction of any fence, the property owner shall submit to the building department an application for a fence permit including a sketch drawn to scale indicating the precise location and dimensions of such fence. The building department shall review the sketch and may issue a permit after a fee is paid.

      2.   Location:

         a.   General: No portion of a fence, including posts and post footings, shall extend past the property line. No fence shall be installed directly on the property line. When fences are adjacent to a public sidewalk they must be set back a minimum of one foot (1') from said sidewalk in accordance with the Bartlett building code.

         b.   Easements: Fences may be constructed on or over a public utility or public drainage easement, however fences shall not be placed closer than eighteen inches (18") from any telephone, ComEd, cable or gas line or utility pedestals nor shall fences be placed on any storm manholes, catch basins or pipes.

         c.   Drainage Swales: The bottom board of fences shall be placed three inches (3") above grade (i.e., ground level) to assure that drainage swales will function properly.

         d.   Vision Clearance: Fences greater than three feet (3') in height or those deemed a vision obstruction by the zoning administrator shall not be permitted within the "vision clearance triangle" as defined in chapter 2 of this title.

      3.   Finished Side: All fences shall be constructed with the finished side facing the adjacent lots.

      4.   Construction: The Bartlett building code shall regulate proper construction standards for fences including, but not limited to, post materials and installation, however wood fences located in nonresidential zoning districts shall have metal posts which are covered (see figure 3-4 of this section).

FIGURE 3-4
METAL FENCE POST COVER

 

 

      5.   Gates: All fences that completely enclose a lot shall have at least one gate access as a means of ingress and egress to the principal building.

      6.   Natural Fences:

         a.   May be allowed anywhere on a lot;

         b.   Must be located wholly within the property lines; and

         c.   Shall not exceed three feet (3') in height when located within the vision clearance triangle.

      7.   Screening: Any fence required for screening by the landscape ordinance (chapter 11A of this title) shall be further regulated by the landscape ordinance.

      8.   Height Measurement: Height of fences are exclusive of any posts or ornamental post caps or caps that do not exceed six inches (6"). Barbed wire shall not be included in the determination of fence height. For sloping grades, effort shall be made to follow the contour of the grades.

      9.   Height: A fence is a permitted obstruction in any yard in any zoning district with the following limitations:

         a.   Front Yards: Fences shall not exceed a height of four feet (4') except as follows:

         (1)   Front Yards Behind Setback Line: Fences shall not exceed a height of six feet (6') in residential districts or eight feet (8') in nonresidential districts, when placed on or behind the front setback line as established by the zoning district in which the lot is located (see figure 3-5 of this section).

         (2)   Through Lots: In front yards located behind the principal structure, adjacent to a public right of way and not adjacent to the front yard of a corner lot, fences shall not exceed a height of six feet (6') in residential districts or eight feet (8') in nonresidential districts (see figure 3-5 of this section).

FIGURE 3-5
FENCES IN FRONT YARDS

 

 

         b.   Side Yards: Fences shall not exceed a height of six feet (6') in residential districts or eight feet (8') in nonresidential districts (see figure 3-6 of this section) except as follows:

            (1)   Side yards on residentially zoned lots adjacent to a nonresidentially zoned lot: Fences shall not exceed a height of eight feet (8').

            (2)   Side yards on lots used for schools or other public or quasi-public uses: Fences shall not exceed a height of eight feet (8').

FIGURE 3-6
FENCES IN SIDE YARDS

 

         c.   Corner Side Yards: Fences shall not exceed a height of four feet (4'); except when located a minimum of six inches (6") from a corner side property line abutting a major arterial as defined in the comprehensive plan’s thoroughfare plan or located a minimum of ten feet (10') from the corner side property line abutting a roadway with any other designation, then fences shall not exceed a height of six feet (6') in residential districts or eight feet (8') in nonresidential districts (see figure 3-7).

FIGURE 3-7
FENCES IN CORNER SIDE YARDS

  

         d.   Rear Yards: Fences shall not exceed a height of six feet (6') in residential districts or eight feet (8') in nonresidential districts (see figure 3-8 of this section) except as follows:

            (1)   Rear yards on residentially zoned lots adjacent to a nonresidentially zoned lot: Fences shall not exceed a height of eight feet (8').

            (2)   Rear yards on lots used for schools or other public or quasi-public uses: Fences shall not exceed a height of eight feet (8').

FIGURE 3-8
FENCES IN REAR YARDS

      10.   Prohibited Materials Or Styles: The following materials are prohibited:

         a.   Barbed wire except when used on top of fences enclosing public service and government uses or in the industrial zoning districts. Then the barbed wire shall be limited to a maximum of one foot (1') in height and shall not be allowed on a fence less than seven feet (7') in height.

         b.   Chicken wire.

         c.   Stockade fences.

         d.   Chainlink with a gauge less than 11 or with slats, however all permitted chainlink fences must have a top rail and all permitted chainlink fences in nonresidential districts must be vinyl clad.

      11.   Variations: Variations to fence regulations may be applied for in accordance with the process and standards of this title.

   E.   Home Occupation: Home occupations are permitted as accessory uses in residential districts provided that:

      1.   A permit is obtained from the community development department. The fee for the permit is found in the Bartlett building code (title 9 of the Bartlett municipal code).

      2.   The use does not change the exterior character of the building and does not create noise, glare, odors, dust, vibration, noxious fumes or smoke readily discernible at the property lines of the zoning lot on which the use is situated that exceeds what is normally produced by a single- family dwelling.

      3.   The use does not impact the existing character of the neighborhood, including traffic, light, and noise.

      4.   The use complies with section 4-3-4, "Excessive Noise", of the Bartlett municipal code.

      5.   Except for deliveries, all activities for a home occupation must be located within the principal structure. No outdoor storage is allowed.

      6.   No mechanical equipment is used except such as is normally used for purely domestic or household purposes.

      7.   The use of the dwelling unit for a home occupation (including the office, workspace, storage and inventory) does not exceed twenty percent (20%) of the total floor area of the principal structure (which includes the basement and attached garage) or four hundred (400) square feet whichever is less.

      8.   Any storage or inventory maintained on the premises in conjunction with a home occupation shall not exceed two hundred (200) square feet.

      9.   There are no commodities sold on or from the premises associated with the home occupation except those transactions made through telephone, mail communication or electronic or wireless communication for offices of a salesperson, sales representative or manufacturer's representative.

      10.   Any production on the premises shall not involve the conduct of a manufacturing business typically only permitted in the industrial zoning districts.

      11.   There are no hazardous materials used or stored on the site other than those commonly found within a single-family dwelling. Such materials shall be limited to quantities that do not constitute a fire, health or safety hazard.

      12.   No more than one person is employed, other than a member of the immediate family residing on the premises.

      13.   No more than three (3) pupils, clients, or customers can be present at the same time. (Ord. 2012-05, 1-17-2012)

      14.   Any commercial vehicle in connection with the home occupation which is stored or parked on the lot must be in accordance with the regulations in chapter 4A of this title. (Ord. 2017-137, 10-17-2017)

      15.   The only signage is limited to a nameplate not more than two (2) square feet in area.

      16.   No separate entrance is provided in connection with the operation of any home occupation.

      17.   If a basement is utilized for pupils, clients or customers in connection with the home occupation an escape window must be provided if there is no other direct egress to the outside from the basement.

   F.   Horse Stables, Private: Private horse stables as defined in this title may be erected in the ER-1 Zoning District, subject to the following:

      1.   Permits: Prior to the construction of any stable, the property owner shall:

         a.   Obtain a building permit from the Building Department in accordance with the Bartlett Building Code (title 9 of the Bartlett Municipal Code).

         b.   Provide adequate utility service and drainage facilities approved by the Village Engineer.

      2.   Size Of Lots: Lots must be a minimum of two (2) acres in area, with a maximum of two (2) horses allowed. One additional horse is permitted for each acre over two (2).

      3.   Location:

         a.   General: Private horse stables are only permitted in the side or rear yard.

         b.   Setbacks: No structure used for shelter shall be nearer than ninety feet (90') to any side or rear lot line and one hundred fifty feet (150') to any front lot line, or any street.

         c.   Easements: Private horse stables shall not be located on or over any public utility or public drainage easement.

      4.   Public Health Or Safety: The stable must not be detrimental to or endanger public health or safety.

      5.   Property Values: The stable must not be injurious to the use and enjoyment of the property in its immediate vicinity nor diminish or impair property values in the neighborhood.

      6.   Storage Area: The storage area for manure must meet the same setback requirements as the stable building location.

      7.   Manure Removal: Manure removal must meet the requirements of the appropriate County Health Department and must be so scheduled in frequency as to avoid accumulations offensive or injurious to public health.

      8.   Pest Control Program: A Pest Control Program must be instituted to meet the requirements of the appropriate County Health Department.

      9.   Construction: The Bartlett Building Code shall regulate proper construction standards for stables.

   G.   Patios:

      1.   Permits: Prior to the construction of any patio, the property owner shall obtain a building permit from the Building Department in accordance with the Bartlett Building Code (title 9 of the Bartlett Municipal Code).

      2.   Location:

         a.   General: Patios are permitted within all yards.

         b.   Setbacks: Patios shall be set back a minimum of five feet (5') from any property line, except in the SR-4 District, where it shall be set back a minimum of three feet (3') from any property line.

         c.   Easements: Patios shall not be located on or over any public utility or public drainage easements.

      3.   Construction: The Bartlett Building Code shall regulate proper construction standards for patios.

   H.   Portable Storage Unit, Temporary: Shall only be allowed on a paved surface for a maximum of ten (10) days per calendar year.

   I.   Sports Courts, Private:

      1.   Permits: Prior to the construction of any sports court, the property owner shall obtain a building permit from the Building Department in accordance with the Bartlett Building Code (title 9 of the Bartlett Municipal Code).

      2.   Location:

         a.   General: Private sports courts are only permitted in the rear yard.

         b.   Setbacks: Sports courts shall be set back a minimum of ten feet (10') from any property line.

         c.   Easements: Sports courts shall not be located on or over any public utility or public drainage easements.

      3.   Lights: Any lights installed to illuminate the sports court shall be directed towards the court to avoid light spillage onto adjacent properties.

      4.   Construction: The Bartlett Building Code shall regulate proper construction standards for sports courts.

   J.   Tents:

      1.   Permits: Prior to the installation of any tent, the property owner shall obtain a building permit from the Building Department in accordance with the Bartlett Building Code (title 9 of the Bartlett Municipal Code).

      2.   Location: Tents are only permitted in the rear yard.

      3.   Not Permanent Residence: Tents shall not be used as a place of permanent residence.

      4.   Time Limit: Tents shall not be erected, used or maintained on any lot for a period exceeding three (3) days.

      5.   Not Used For Permanent Storage: Tents shall not be used for the permanent storage of vehicles or other equipment.

   K.   Temporary Construction Trailers: A mobile trailer may be used as a temporary office or shelter incidental to the construction or development of the premises on which the trailer is located only during the time construction or development is actively underway. (Ord. 2012-05, 1-17-2012)

   L.   Vehicles, Commercial: (Rep. by Ord. 2017-137, 10-17-2017)

   M.   Vehicles (Servicing Of) In Residential Districts: The following regulations shall apply to servicing and maintenance of vehicles:

      1.   Servicing Of Vehicles:

         a.   Major automotive repair including engine rebuilding, major reconditioning of damaged vehicles, bodywork and painting is prohibited on any zoning lot in a residential district;

         b.   Minor automotive repair, including service of small engines, is permitted only inside a fully enclosed garage.

      2.   Maintenance: Motor vehicle maintenance including oil changes, replacing parts and rotating tires, may be performed inside a fully enclosed garage or for no more than three (3) consecutive days, on the driveway in a residential district.

   N.   Wind Energy Systems, Small:

      1.   Permits: Prior to the construction of any small wind energy system, the property owner shall obtain a permit from the building department in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

      2.   Construction: The Bartlett building code and federal aviation administration regulations shall regulate proper construction standards for small wind energy systems.

      3.   Building Mounted Systems:

         a.   Height Measurement: Height shall be measured from the roof surface on which the system is mounted to the highest edge of the wind turbine (see figure 3-9 of this section).

         b.   Height Limit: The maximum height of a building mounted system shall not exceed ten feet (10') above the maximum height restriction of the zoning district in which it is located; however in no instance shall the system extend more than ten feet (10') above the highest peak of a pitched roof (see figure 3-9 of this section).

         c.   Location: A building mounted system is permitted on any roof face of a principal or accessory building.

FIGURE 3-9
BUILDING MOUNTED WIND ENERGY SYSTEMS
HEIGHT MEASUREMENT

 

      4.   Freestanding Systems:

         a.   Special Use Permit: A special use permit granted by the village board in accordance with chapter 11 of this title shall be required for any freestanding system.

         b.   Height Measurement: Height shall be measured from the average grade at the base of the tower to the highest edge of the wind turbine (see figure 3-10 of this section).

         c.   Height Limit: The total height of a freestanding system shall not exceed the maximum height restriction of the zoning district in which it is located unless a special use permit for structure height is granted by the village board.

         d.   Blade Clearance: There shall be a minimum of fifteen feet (15') between the lowest point of the rotor blade and the ground (see figure 3-10 of this section).

         e.   Location:

            (1)   General:

               (A)   A freestanding system shall be permitted in all zoning districts except on lots containing attached residential dwelling units.

               (B)   A freestanding system shall only be permitted in the rear yard, except in nonresidential districts they shall also be permitted in the side yard.

            (2)   Easements: A freestanding system shall not be located on any public utility or public drainage easement.

            (3)   Setbacks: All parts of the freestanding system (tower, rotor blades, etc.) shall be set back a minimum of ten feet (10') from any property line (see figure 3-11 of this section).

            (4)   Distance Between Systems: Freestanding systems on adjacent lots shall be at least five (5) rotor lengths apart, unless written proof of no interference can be provided at the time a building permit is requested.

         f.   Quantity: One freestanding system per lot is permitted; a special use permit may be requested for additional systems in nonresidential zoning districts.

         g.   Tower Access: Climbing access (rungs or foot pegs) to the tower shall not start until twelve feet (12') above grade to prevent unauthorized access.

         h.   Lighting: Freestanding systems shall not be illuminated, except as required by the FAA.

FIGURE 3-10
FREESTANDING WIND ENERGY SYSTEMS
HEIGHT MEASUREMENT

 

FIGURE 3-11
FREESTANDING WIND ENERGY SYSTEMS
SETBACK MEASUREMENT

 

      5.   Noise: In no event shall the level of noise from a wind energy system exceed fifty five (55) dBA, as measured at the property line, in a residential zoning district, or sixty (60) dBA, as measured at the property line, in a nonresidential zoning district.

      6.   Signage: No signs shall be attached except for a manufacturer and/or installer identification and those required for safety provided that they do not measure more than two (2) square feet.

      7.   Abandonment: If a small wind energy system is inoperable or abandoned for a period of twelve (12) consecutive months; the owner may be notified by the village that the energy system must either be repaired or removed within ninety (90) days.

      8.   Wind Access: The village makes no assurance of wind access other than the provisions of this chapter. The applicant may provide evidence of covenants, easements or similar documentation from abutting property owners providing access to wind for the operation of a wind energy system. (Ord. 2012-05, 1-17-2012 ; amd. Ord. 2015-97, 12-1-2015; Ord. 2020-04, 1-7-2020 )

Temporary uses and structures, which are necessary or desirable for a period of time, but are not intended to be established on a permanent basis may be allowed to occupy a zoning lot provided the temporary use and structure are regulated with respect to location and operation. To qualify as temporary, the use shall be established for a fixed period of time with the intent to discontinue the use at the end of such specified time. (Ord. 2022-01, 1-4-2022)

Uses identified with a "T" in Table 3A-1 of this section are allowed as of right in each respective district, provided the uses comply with all applicable standards of this chapter and a temporary use permit has been issued by the Planning and Development Services Department. Other uses which are similar and compatible to those listed as temporary uses in this section may be allowed by the Zoning Administrator.

TABLE 3A-1
TEMPORARY USES

 

 

(Ord. 2022-01, 1-4-2022)

   A.   Permit Required: No temporary use shall be established unless a temporary use permit evidencing the compliance of the use with the provisions of this section and other applicable provisions of this chapter has been issued by the Zoning Administrator. The Zoning Administrator shall be authorized to impose conditions on the temporary use permit as are deemed appropriate and necessary to achieve the purposes of the Zoning Ordinance and to minimize the impact of the temporary use on surrounding permanent uses.

   B.   Application: Applications for temporary use permits shall be submitted to the Planning and Development Services Department. Applications shall be submitted at least thirty (30) days prior to the proposed commencement of the temporary use, unless this time frame is reduced by the Zoning Administrator. Each application shall be accompanied by:

      1.   A site plan, drawn to scale, showing the location of structures, improvements, parking areas and other features that exist or are proposed on the site;

      2.   Signed, written permission from the property owner of, or the agency having jurisdiction over, the subject property allowing the temporary use;

      3.   A twenty five dollar ($25.00) fee shall be paid at the time of application;

      4.   Additional information as required in accordance with subsection C of this section.

   C.   Standards: The following standards shall apply to all temporary uses unless otherwise expressly stated:

      1.   A building permit and inspection(s) shall be obtained for any temporary structure, including but not limited to, trailers and tents.

      2.   No permanent or temporary electrical connection shall be installed without an electrical permit and inspection.

      3.   Temporary structures shall be located at least five feet (5') from any buildings or structures on the subject property.

      4.   No signs in connection with a temporary use shall be permitted except in accordance with chapter 12 of this title. All temporary signage shall be removed immediately upon cessation of the temporary use.

      5.   Temporary uses or structures shall not encroach into any required landscaping nor shall any landscaping be removed without approval by the Zoning Administrator.

      6.   Parking areas shall be provided for the temporary use (in addition to the required parking for any principal use existing or proposed on the site), and the areas shall be capable of accommodating the number of parking spaces that are required for the most similar use type in accordance with chapter 11 of this title.

      7.   Requests for modifications or waivers from any of the parking requirements of this section shall require review and approval in accordance with the variation procedures in chapter 13 of this title.

      8.   The Zoning Administrator shall have the authority to suspend, revoke, or modify a temporary use permit immediately upon determination that the conditions and/or requirements set forth in the permit have been violated. Written notice of the Zoning Administrator's determination to suspend, revoke, or modify the permit shall be promptly provided to the applicant. A determination under this subsection (C) shall be final and conclusive unless the applicant files an appeal in accordance with the procedures of chapter 13 of this title.

      9.   The Zoning Administrator shall have the authority to deny a temporary use permit to any person who owns, applied for or otherwise caused an uncorrected violation of a provision of this chapter or who has demonstrated a willful history of violations, including any condition attached to a permit or approval previously granted by the village. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

      10.   The Zoning Administrator shall have the authority to deny temporary use permits on any land or structure or improvements thereon, upon which there is an uncorrected violation of a provision of this chapter, including any condition attached to a permit or approval previously granted by the village. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question. (Ord. 2022-01, 1-4-2022)

   A.   Temporary Medical Testing Facility:

      1.   Provide a narrative of the specimen collection and handling procedures;

      2.   Documentation on employee access to required water and sanitary facilities;

      3.   The site plan must include:

         a.   Proposed directional signage;

         b.   The location and dimensions of any structures (separate building permits are required for tents, trailers, etc.)

         c.   Designated parking stalls for customers and/or employees

         d.   The dimension/distance from the medical testing facility to employee bathroom facilities.

      4.   Proof of a Clinical Laboratory Improvement Amendments (CLIA) Certificate of Waiver issued by the Illinois Department of Public Health;

      5.   The property shall be of sufficient size to provide adequate off-street parking in addition to the required parking for any existing use(s) on the property;

      6.   All temporary structures must maintain a minimum twenty foot (20') setback from all property lines, streets, and public rights-of-way and must not obstruct the vision clearance triangle.

   B.   Temporary Outdoor Dining Areas: Must be operated in conjunction with a restaurant on the same property or a restaurant that is adjacent to the public sidewalk subject to the following additional regulations:

      1.   The site plan must include:

         a.   The location and height of barriers/fencing, if applicable;

         b.   The placement of tables, chairs, planters, umbrellas, and temporary structures;

         c.   All existing features such as trees, fire hydrants, and building entrances;

         d.   The overall dimensions of the dining area;

         e.   The width of the access into the dining area;

         f.   The overall width of the sidewalk, if applicable.

      2.   Hours of operation are limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.;

      3.   A Class OS license must be obtained if alcohol is to be served in the outdoor dining area;

      4.   All alcohol shall be dispensed from within the principal structure/establishment. No bar may be set up or operated within the outdoor area.

      5.   No amplified sound shall be permitted unless an amplifier permit has been issued. Exception: music played through a speaker for background music will be allowed until ten o'clock (10:00) P.M. provided the volume and sound level at which it is played does not create a nuisance beyond the permitted outdoor dining area.

      6.   Dining areas must be within one hundred feet (100') from the customer entrance of the building;

      7.   Covered trash receptacles shall be provided if the area is self-service and emptied daily;

      8.   Refuse from outdoor dining areas shall not be disposed in public waste receptacles;

      9.   Direct and clear access to the restrooms within the restaurant must be provided;

      10.   Dining areas may not extend past the frontage of the restaurant establishment without the written consent of the adjacent business and the property owner;

      11.   The outdoor sales, serving and consumption area must meet all village, county and/or state health regulations;

      12.   In the case of severe weather, all moveable items shall be secured, removed or placed inside;

      13.   It is the responsibility of the owner to ensure the safe removal of ice and snow for tents and membrane-covered structures during winter months;

      14.   Location: Temporary outdoor dining on a public/private sidewalk:

         a.   A minimum five foot (5') wide portion of the sidewalk must remain free and clear of obstructions;

         b.   No fixtures shall be attached to the sidewalk;

         c.   Attachments to village utilities, utility poles, street lights, trash cans and other street furniture is prohibited;

         d.   A certificate of insurance naming the owner of the sidewalk as an additional insured for the term of the permit. Said certificate shall include a liability policy of not less than one million dollars ($1,000,000.00) per occurrence when the sidewalk is located on public property.

         e.   A Use of Public Property and Hold Harmless Agreement as set forth in Appendix A, to the "Bartlett Liquor Control Ordinance Title 3 Chapter 3 of the Bartlett Municipal Code", whether or not alcohol is proposed to be served on said public sidewalk, must be submitted with the permit application for use of a public sidewalk;

         f.   Temporary outdoor dining areas located within the Village right-of-way shall only be permitted between March 31 and November 15 of each year.

      15.   Location: Temporary outdoor dining areas within a parking lot:

         a.   May not be located within handicap accessible parking spaces or designated fire lanes and may not block drive aisles;

         b.   Must be separated from adjacent parking spaces and drive aisles with barricades such as railing, fencing or stanchions having a minimum height of thirty six inches (36").

         c.   A certificate of insurance naming the owner of the parking lot as an additional insured for the term of the permit.

   C.   Temporary Sales:

      1.   Christmas tree sales lots may be allowed by temporary use permit in all commercial and public lands zoning districts for a period not to exceed forty five (45) days per calendar year. If the principal use of the property is a retail greenhouse/nursery or garden center, no temporary use permit shall be required.

         a.   All sales shall be conducted at least twenty feet (20') from the right-of-way of any street.

         b.   A minimum twenty foot (20') setback shall be maintained from property used or zoned for residential purposes.

         c.   The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.

         d.   Sales shall be conducted in such a manner so as not to interfere with traffic or cause a nuisance.

         e.   All trees must be removed no later than December 31 of the same year.

         f.   Documentation on employee access to required water and sanitary facilities.

      2.   Farmer's market, an area for farmers and gardeners to sell agricultural produce and products to the public, may be allowed by temporary use permit in all commercial and public lands zoning districts.

         a.   Sales may be conducted from tents, open booths, or temporary structures.

         b.   Farmers' markets shall have specific hours of operation specified in the temporary use permit.

         c.   All sales booths and temporary structures being used to sell produce and products must maintain a minimum of twenty foot (20') setback from all property lines, streets, and public rights-of-way.

         d.   The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.

         e.   Sales shall be conducted in such a manner so as not to interfere with traffic or cause a nuisance.

         f.   The operator and/or vendors must operate in compliance with all applicable state and federal laws and obtain all permits and registrations as required by village, county and state health departments prior to issuance of a temporary use permit.

         g.   Documentation on employee access to required water and sanitary facilities. (Ord. 2022-01, 1-4-2022)