Unless otherwise established as a permitted or special use in the following chapters of this title, any application for a land use not contained by name within a zoning district list of such permitted or special uses, must be added, if at all, as a text amendment after consideration by the planning and zoning commission and approved by the corporate authorities. The planning and zoning commission may recommend and the corporate authorities, in their sole and absolute discretion, may require that any such use be listed as either a permitted or special use in one or more districts of the village, as established under this title. (2005 Zoning Code)

   A.   Existing Lot Of Record: Any residential lot of record under single and separate ownership on the effective date of this title that is unable to meet the requirements of this title as to applicable area and yard regulations may, subject to the provisions of this title regarding nonconformities, be used for a single-family detached dwelling, provided it shall meet all the other requirements of this title and other applicable ordinances, regulations and codes.

   B.   Exception: The exemption established in this section shall not apply where any adjoining lot or tract of land is held under common ownership with such exempted lot or tract of land, if the combined tract has a land area equal to or more than the minimum requirement. If the combined tract of land is less than the minimum requirement, the exemption shall apply to the entire combined tract.

   C.   Lot Of Record Described: For the purposes of this section, a lot of record shall be as follows:

      1.   In residence districts, a lot, parcel, or tract of land which was recorded in the office of the village clerk prior to the effective date of this title; or

      2.   In residence districts, a lot in a subdivision which was so recorded after the effective date of this title, provided a preliminary plat for such subdivision had been given tentative approval, as required by the subdivision control ordinance of Berkeley prior to the effective date of this title, and a final plat had been submitted and approved by the village board and thereafter recorded in the office of the recorder of deeds of Cook County within the time periods required by such subdivision regulations for filing and application for final plat approval and for recording after approval. (2005 Zoning Code)

   A.   Vacant Through Lots: On vacant through lots, the front lot line shall be along the street line designated by the zoning administrator, except that when a front line has been established on one or more lots in the same block and all have front lot lines established along the same line, the street line designated the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. Only those obstructions permitted in this title in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except where a no access strip has been provided for such lots on the recorded plat, in which case the no access strip will be considered part of the rear yard.

   B.   Satisfying One Use Or Structure: No legally required yards, open space, or lot area for any use or structure shall be used to satisfy yard, open space, or lot area requirements for any other structure or use.

   C.   Development Of Rear Yard Areas: No residential lot within the village shall have construction ground surfaces in the nature of impervious materials, stone or a structure of any type in excess of four thousand five hundred (4,500) square feet or fifty percent (50%) of the rear yard area, whichever dimension is less. (2005 Zoning Code)

   A.   Required Setbacks: Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right of way as designated on the official map of the village, and as duly established by other ordinances of the village or as established by county or state highway authorities, whichever has the greater right of way width requirements.

   B.   Established Setbacks: When the established setback is of a depth other than herein required for a front yard in the district in which the lot is located and where the contiguous street or thoroughfare right of way widening is not designated on the official map, the setback for each remaining lot along such street shall be the average of the setbacks already established on adjacent lots, and if no setback is established on one of the adjacent lots, the setback for that lot shall be the average of the required front yard depth and the established setback on the adjacent lot.

   C.   Setbacks Along Streets And Thoroughfares: Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line or from the proposed street line if one has been designated on the official map. (2005 Zoning Code)

   D.   Setbacks Along Property Lines: Requirements regarding setbacks along property lines are as established within the applicable zoning district. (Ord. 11-35, 11-15-2011)

   A.   Intent And Purpose: The regulation of home occupations is intended to protect residential areas from the adverse impacts that are sometimes associated with home occupations, maintain and preserve the character of residential neighborhoods and provide for the protection of the health, safety and welfare of all village residents.

   B.   Defined: A home occupation is an accessory use of a dwelling unit and its accessory buildings for a lawful business, profession, occupation or trade of the occupant operated in compliance with the regulations of this section.

   C.   Regulations: Home occupations are permitted only when all of the following regulations are met:

      1.   Accessory And Secondary: The home occupation shall be secondary to the residential use of the dwelling and conducted by a member of the family residing in the dwelling with no assistance from other persons except as is allowed in this section.

      2.   Separate Entrance: There shall be no separate entrance to the dwelling for the sole purpose of the home occupation.

      3.   Alteration Of The Dwelling: There shall be no structural alteration or special construction feature inconsistent with a residential use or that draws attention to the dwelling as a commercial or business operation.

      4.   Area Of Use: The principal use as a home occupation may extend into a maximum of twenty five percent (25%) of the total square footage of the dwelling or accessory building.

      5.   Exterior: There shall be no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling. No signs identifying the home occupation shall be allowed nor shall any outside storage be related to the home occupation.

      6.   Equipment: No equipment shall be utilized other than the type normally found in a single-family dwelling unit.

      7.   Receipt Or Delivery Of Merchandise: There shall be no commodities sold or received or services rendered that require receipt of delivery of merchandise, goods or equipment by other than a vehicle having a plate classification not higher than B or by vehicles typically employed by parcel or letter carriers in residential deliveries. No deliveries by semitractor/trailer trucks shall be permitted.

      8.   Sale Of Merchandise: The sale of merchandise shall not be the principal use of the home occupation although merchandise may be sold as an accessory use from the dwelling or if otherwise sold at a location other than the dwelling or on the internet for pick up at the dwelling.

      9.   Refuse: No refuse shall be generated from the home occupation in excess of the amount allowable for a residential use, such as the need for a dumpster for the home occupation, and the home occupation shall not use or produce combustible or toxic substances.

      10.   Traffic: The home occupation shall not create any traffic hazards or nuisances in the public streets, nor use more vehicle parking than exists on the property for the dwelling. The frequency of trips to and from the dwelling shall be limited to avoid the creation of traffic patterns other than are customary in a residential neighborhood. The parking of commercial vehicles shall comply with chapter 12, articles A and B of this title and shall not be considered exterior evidence of the home occupation.

      11.   Visitation: A home occupation may attract patrons, students or any business related persons only between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. except as otherwise provided in this section.

      12.   Nuisance: There shall be no public or private nuisance. There shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, electrical interference, fire hazard or any other hazard emanating from the dwelling to create a nuisance other than that usually experienced in an average dwelling under normal circumstances where no home occupations exists.

      13.   Compliance With Law: The home occupation shall be in compliance with applicable federal, state and village law or regulation.

      14.   Instruction Or Teaching: Instruction or teaching, other than homeschooling, shall be limited to no more than three (3) pupils at one time. Musical or dance instructions shall only be conducted in a detached single-family dwelling.

      15.   Daycare: A daycare facility licensed by the state may be a home occupation and it may provide indoor space, outdoor supervised recreation on the property, assistance from other persons and may begin at six o'clock (6:00) A.M. as otherwise approved or required by the state of Illinois.

      16.   Yard/Garage Sales: Yard or garage sales shall not be considered a home occupation but shall be subject to other regulations in this code. (Ord. 14-7, 7-1-2014)

In a residential district, one commercial vehicle which is owned by the occupant of the dwelling, and which is not more than twenty feet (20') in length when parked, nor in excess of three- fourths (3/4) ton in capacity, may be parked in the open on a lot within the buildable area or in the back yard not closer than six feet (6') to any building on the neighboring property, or not closer than three feet (3') to any property line, or may be stored in a garage, carport or screen shelter, or similar structure designed so as to substantially conceal the vehicle from the view of adjoining property owners, if parked in the rear yard area. (2005 Zoning Code)

The open storage of junk, refuse, scrap, disabled or damaged vehicles, whether awaiting repair or not, or motor vehicles without a current license plate is prohibited in all zoning districts. (2005 Zoning Code)

Each use hereafter established which requires sewerage and water facilities shall be served by public or community sewerage and water systems. (2005 Zoning Code)

The ground floor including also a basement, cellar or crawl space floor of any building hereafter erected, structurally altered, enlarged, or moved to a floodplain area shall have an elevation that is at least two feet (2') above flood crest level. (2005 Zoning Code)

   A.   Authorization: Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified.

   B.   Definition: A "temporary use" is a use that:

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

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

   C.   Zoning Certificate Requirements; Issuance And Revocation:

      1.   Zoning Certificate Required: Except as provided in subsections D1 and D13 of this section, no temporary use shall be established or maintained unless a zoning certificate evidencing the compliance of such use with the provisions of this title shall have first been issued in accordance with section 12-3-3 of this title; provided, however, that permitted temporary uses of publicly owned or leased buildings and property, other than those included in subsection D13 of this section, shall be exempt from this requirement.

      2.   Basis For Certificate Denial: Such a zoning certificate may be denied if the zoning administrator determines that the applicant has failed to comply with the standards, conditions or terms 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 all village ordinances regulating the development, use and maintenance of the property. Such a zoning certificate shall be denied if the zoning administrator determines that the public health, safety or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

      3.   Conditions Of Certificate: Such a zoning certificate may be conditioned upon such special requirements as the zoning administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety, and welfare.

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

   D.   Permitted Temporary Uses: Subject to the regulations and time limits that follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses, and no others, are permitted in the zoning districts herein specified: (2005 Zoning Code)

      1.   Garage Sales: In any residential district, but only in compliance with the following terms and conditions of title 4, chapter 11 of this code. (2005 Zoning Code; amd. 2016 Code)

      2.   Indoor And Outdoor Art, Craft And Plant Shows: In any business district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact on other properties. Any such sale shall be limited to a period not to exceed three (3) consecutive days. In addition to the foregoing, indoor and outdoor art, craft and plant shows shall be permitted in a residential district as part of a garage sale and subject to the garage sale regulations in subsection D1 of this section.

      3.   Sidewalk Retail Sales: In any business district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic and pedestrian access and the absence of undue adverse impact on other properties. Any such sale shall be limited to a period not to exceed three (3) consecutive days.

      4.   Christmas Tree Sales: In any business or manufacturing 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; provided, however, that any such use shall be conducted solely by the officers, directors, members, and employees of any such group or organization, and any proceeds of such Christmas tree sales shall accrue solely to such group or organization; provided, further, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty five (45) days. Display of Christmas trees need not comply with the yard requirements of this title.

      5.   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.

      6.   Real Estate Offices, Including Model Units: In any district when such use is 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 to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.

      7.   Carnivals And Circuses: In any nonresidential district, but only when sponsored by a not for profit religious, philanthropic or civic group or organization; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed ten (10) days. Such use need not comply with the yard requirements of this title except that structures or equipment that might block the view of operators of motor vehicles on any public or private street shall not be located in a manner that obstructs sightlines for vehicles traveling on adjacent public rights of way. Such use need not comply with the maximum height requirements of this title. The concessionaire responsible for the operation of any such carnival or circus shall:

         a.   Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and

         b.   Provide for a thorough cleanup of the site upon termination of the event.

      8.   Sales Of Overstock, Seconds And Similar Goods In Districts Where Not A Permitted Use: In the M-1 and M-2 districts, when accessory to any use permitted or specially permitted in such district; but only in compliance with the following conditions:

         a.   Existing Inventory Only: No products shall be sold except such products as are manufactured, warehoused or distributed in the normal course of business of the principal use operated on the zoning lot in question. No products shall be brought in from other sources for purposes of the temporary sale.

         b.   No Outdoor Sales: Any area in which such a temporary retail use takes place, including the sale and display of products, shall be fully enclosed.

         c.   Number And Duration Of Sales Limited: Not more than four (4) such temporary uses shall be conducted on the same premises in any calendar year, or more than one such sale in any calendar quarter. In each calendar quarter, one such sale may be for a period of not more than three (3) successive days.

      9.   Tents: In any district, in connection with any permitted, accessory, temporary or special permit use no tent shall be allowed to remain for a period of more than four (4) 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, ten (10) days. Unless waived in writing by the zoning administrator, every tent shall comply with bulk, yard and space requirements applicable to accessory uses.

      10.   Civic Uses Of Public Property: Any civic use of any public building or property when authorized by the governmental agency owning or controlling such property; provided, that no such use shall impose an undue adverse effect on neighboring streets or property.

      11.   Temporary Signs: See chapter 13 of this title.

      12.   Unique Events: In any district for a period not to exceed seven (7) consecutive days, subject to such conditions and security requirements as the zoning administrator determines are necessary. "Unique events" shall include motion picture, video and television filming.

      13.   Electrical Substations: In any district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of need and impact on surrounding properties.

      14.   Temporary Location Of Local Government Uses: The activities of units of local government and public school districts may be temporarily located in any nonresidential district, but only during periods of reconstruction, renovation or expansion of existing facilities for those activities at another location. No such temporary relocation shall be allowed without the prior approval by the corporate authorities by resolution duly adopted. The corporate authorities may, but shall not be required to, hold a public hearing prior to adoption of such approval resolution. Such approval by the corporate authorities shall be in lieu of any zoning certificate and shall be subject to the special standards contained in subsection C of this section and the use limitations contained in subsection F of this section, all as determined and imposed by the corporate authorities, in its sole discretion.

   E.   Bulk, Yard And Space Regulations: Except as expressly provided otherwise in subsection D of this section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.

   F.   Use Limitations:

      1.   General Limitations: Every temporary use shall comply with the use limitations applicable in the district in which it is located as well as with the limitations made applicable to specified temporary use 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.

      2.   Hours And Days Of Operation: No temporary use shall be operated during any hours or on any days of the week except such as are designated by the zoning administrator, in the zoning certificate required by subsection C of this section, on the basis of the nature of the temporary use and the character of the surrounding area.

      3.   Public Safety: No temporary use shall be permitted unless the fire and police departments shall have first certified that such use will result in no additional, undue on site or off site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as said departments may require in connection with such certification. If required by the zoning administrator, operator of the temporary use shall employ a fire watch team and appropriate security personnel.

      4.   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.

      5.   Conflicts With Other Temporary Uses: No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

      6.   Parking: Before approving any temporary use, the zoning administrator 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 zoning administrator, unreasonably reduce the amount of off street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

   G.   Additional Conditions: Every temporary use shall, in addition, comply with, and the zoning administrator may impose, such other conditions as may reasonably be necessary to achieve the purposes of this title or to protect the public health, safety, and welfare. (2005 Zoning Code)

Structural obstructions of the principal building and of accessory structures and uses may be permitted, and special uses may be allowed in yards as follows:

 

(2005 Zoning Code)