Berwyn City Zoning Code

CHAPTER 1244

USES

§ 1244.01 GENERAL PROVISIONS.

(A) Purpose. The purpose of this chapter is to establish the uses of land allowed by this Code.

(B) General standards. The following standards apply generally to the uses allowed by this Code.

(1) Federal, state, and local requirements. All uses shall comply with relevant federal, state, and local standards regarding licensing, health, and safety requirements.

(2) Number of uses. A lot may contain more than one principal use.

(3) Principal, accessory, and temporary uses. Each use may function as a principal, accessory, or temporary use on a lot, unless otherwise specified.

(4) Uses within enclosed buildings or structures. Each use shall be located within an enclosed building or structure, unless otherwise specified in this Code. All buildings and structures shall comply with the applicable requirements of this chapter and Chapter 1246 (Zoning District Regulations).

(5) Exempt public uses. The following public uses are allowed to be erected, constructed, altered, or maintained in any zoning district:

(a) Traffic signals, fire hydrants, and other similar public safety devices.

(b) Street signs.

(C) Interpretation. Some of the uses included in this chapter are defined as broad, generic categories that contain clusters of similar uses. See Chapter 1254 (Definitions) for definitions of the uses included in this chapter.

(1) Unlisted similar use. If a use is not listed in this chapter, but is similar in nature and impact to a permitted or special use allowed within a zoning district, the Zoning Administrator may interpret the unlisted use as an allowed use.

(a) The unlisted use shall be subject to any use standards that apply to the similar allowed use.

(b) The Zoning Administrator may interpret the unlisted use as requiring the approval of a special use permit if the similar allowed use requires the approval of a special use permit.

(2) Unlisted dissimilar use. If a use is not listed and cannot be interpreted as similar in nature and impact to a permitted or special use, the use is not allowed and may only be approved through an amendment of this Code (refer to § 1252.03(E) (Zoning Text and Map Amendment)).

(Ord. 17-31, passed 9-12-2017; Ord. 19-26, passed 11-26-19)

§ 1244.02 USE TABLE.

(A) Use table. Table 1244.02-A. Use Table establishes the uses allowed in each zoning district. Each use is given one of the following designations for each zoning district.

(1) Permitted use ("P"). A "P" indicates that a use is allowed by right within the designated district provided that it meets all applicable use standards set forth in § 1244.03 (Use Standards).

(2) Special use ("S"). An "S" indicates that the use requires the approval of a special use permit (refer to § 1252.03(C) (Special Use Permit)) and must meet the use standards set forth in § 1244.03 (Use Standards) in order to be allowed within the designated district.

(3) No designation. The absence of a letter (a blank space) or the absence of the use from the table indicates that the use is not allowed within the designated district.

(B) Use standards. Uses that are designated as "Permitted Use" or "Special Use" may have use standards that must be met, as established in § 1244.03 (Use Standards).

Table 1244.02-A. Use Table
Uses	Districts										Use Standards
Residential	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Community Residence	P						P	P	P	P	See § 1244.03(J)
Dwelling Above the Ground Floor	P	P	P	P							None
Multi-Family Dwelling	S	S	S	P						P	See § 1244.03(V)
Residential Care Facility	P	P	P	P						P	None
Single-Family Dwelling	P						P	P	P	P	None
Townhouse Dwelling	P	S	S							P	None
Two-Family Dwelling	P								P	P	None
Civic and Institutional	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Community Garden	P	P	P	P		P	P	P	P	P	See § 1244.03(I)
Cultural Facility	S	S	S	S		S					None
Government Facility	P	P	P	P	P	P	P	P	P	P	See § 1244.03(O)
Hospital	S	S	S	S		S					None
Park	P	P	P	P	P	P	P	P	P	P	None
Place of Worship	S	S	S	S		P	P	P	P	P	None
Preschool or Elementary School	S	S	S	S		S	S	S	S	S	See § 1244.03(BB)
Secondary School	S	S	S	S		S					See § 1244.03(BB)
Commercial	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Adult Use					S						None
Adult-Use Cannabis Dispensing Organization		S		S							See § 1244.03(A)
Adult-Use Cannabis Craft Grower		S		S							See § 1244.03(B)
Adult-Use Cannabis Infuser Organization		S		S							See § 1244.03(C)
Adult-Use Cannabis Processing Organization		S		S							See § 1244.03(D)
Adult-Use Cannabis Transporting Organization		S		S							See § 1244.03(E)
Animal Boarding				S	P						See § 1244.03(F)
Animal Hospital	P	P	P	P	P						None
Banquet Hall		S	S	S							See § 1244.03(B)
Bar/Tavern	S	P	P	P							None
Car Wash				S	P						See § 1244.03(C)
Contractor/ Contractor Yard				S	S						None
Credit Union, Loan Company, or Mortgage Broker		S	S	P							See § 1244.03(F)
Currency Exchange or Payday Loan		S		P	P						See § 1244.03(G)
Day Care Center	S	S	S	S							None
Day Care Home							P	P	P	P	See § 1244.03(H)
Financial Institution	P	P	P	P	P						None
Funeral Home	S	P	S	P							None
Gas Station	S	S		P	P						See § 1244.03(I)
Hotel or Motel		S	S	S							None
Indoor Entertainment or Recreation	S	S	S	S	P						See § 1244.03(K)
Massage Therapy Establishment	S	S	S	S	S						None
Medical/Dental Office With Dispensary				S	S						None
Medical/Dental Office Without Dispensary	P	P	P	P	P						None
Medical Marijuana Dispensary				S	S						See § 1244.03(L)
Microbrewery / Micro-Distillery	S	S	S	S	S						See § 1244.03(M)
Motor Vehicle Rental		S	S	P	P						See § 1244.03(N)
Motor Vehicle Repair and/or Service	S	S	S	P	P						See § 1244.03(O)
Motor Vehicle Sales				P	P						See § 1244.03(P)
Nursery				P	P						None
Outdoor Entertainment or Recreation	S	S	S	S	S						See § 1244.03(S)
Pawn Shop		S		P	S						See § 1244.03(U)
Personal Services Establishment	P	P	P	P	P						None
Professional Office	P	P	P	P	P						None
Research/Development Facility		P	P	P	P						None
Restaurant	P	P	P	P	P						None
Retail Goods Establishment	P	P	P	P	P						None
Self-Service Storage		P		P	P						See § 1244.03(X)
Tattoo Parlor		S	S	P	P						None
Tobacco Shop	P	S	S	P	P						See § 1244.03(Z)
Transitional Treatment Facility With Dispensary				S	S						See § 1244.03(AA)
Transitional Treatment Facility Without Dispensary	S	S	S	S	P						See § 1244.03(AA)
Manufacturing	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
General Manufacturing					P						None
Small Food Manufacturing		P	P	P	P						See § 1244.03(Y)
Warehousing, Storage, or Distribution Facility				S	P						None
Wholesale Establishment				S	P						None
Other Uses	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Club, Lodge, or Hall	S	S	S	S	S	S				S	None
Off-Street Parking Lot	S	S	S	P	P	P				S	See § 1244.03(R)
Parking Garage		S	S	P	P	P					See § 1244.03(T)
Planned Development	S	S	S	S	S	S	S	S	S	S	See § 1244.03(V)
Utility	S	S	S	S	S	S				S	See § 1244.03(BB)
Wireless Telecommunication Facility or Tower	S	S	S	S	S	S	S	S	S	S	See § 1244.03(CC)
Table Key P: Allowed by right and shall meet requirements of § 1244.03 (Use Standards) when applicable. S: Allowed with special use permit and shall meet requirements of § 1244.03 (Use Standards) when applicable.

(Ord. 17-31, passed 9-12-2017; Ord. 18-25, passed 10-10-2018; Ord. 19-26, passed 11-26-2019; Ord. 20-26, passed 4-28-2020; Ord. 20-27, passed 5-12-2020; Ord. 20-05, passed 2-25-2020)

§ 1244.03 USE STANDARDS.

The following standards apply to the uses designated in the "Use Standards" column of Table 1244.02-A. Use Table.

(A) Adult-use cannabis dispensing organization. ADULT-USE CANNABIS DISPENSING ORGANIZATION means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers per the Cannabis Regulation and Tax Act, (ILCS Ch. 410, Act 705, §§ 1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

(1) Compliance with state regulations. An adult-use cannabis dispensing organization must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing requirements, age limitations and minimum spacing of 1,500 feet from the property line of a pre-existing adult-use cannabis dispensing organization.

(2) State licensing application. Subject to applicable law, an adult-use cannabis dispensing organization shall include, as a part of any special use application to the Zoning, Planning and Development Commission, copies of all information submitted to the State of Illinois in an application for a license to operate under the Act.

(3) Location. In the C-4 District, an adult-use cannabis dispensing organization is only allowed along Harlem Avenue or Ogden Avenue with a special use permit. In the C-2 District, an adult-use cannabis dispensing organization is only allowed along Harlem Avenue and Roosevelt Avenue with a special use permit.

(4) Minimum spacing. An adult-use cannabis dispensing organization shall not be located within 250 feet of the property line of a pre-existing place of worship, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(5) Security. The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the dispensary and of the floor plan for an adult-use cannabis dispensary and the site on which it is located, consistent with the requirements of the Act.

(6) Tenant space. At least 85% of the floor area of any tenant space occupied by an adult-use cannabis dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

(7) On-site consumption. On-site consumption of cannabis shall be prohibited on the premises of a cannabis dispensary. The dispensary shall be responsible for enforcing the prohibition of on-site consumption of cannabis under all circumstances on its premises.

(8) Hours of operation. No operator, employee or agent of an adult-use cannabis dispensing organization shall operate, be open for business, or permit any person not an employee of the adult-use cannabis dispensing organization to remain on the premises between 10:00 p.m. and 6:00 a.m. Central Standard Time or daylight saving time, whichever is in effect.

(9) Additional information. A special use applicant shall submit additional information as required by the Zoning Administrator during the special use process.

(B) Adult-use cannabis craft grower or craft grower. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing or infusing organization, per the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1-1 et seq.)(the "Act"), as it may be amended from time-to-time, and regulations promulgated thereunder.

(1) Compliance with state regulations. An adult-use cannabis craft grower must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing requirements, age limitations and minimum spacing of 1,500 feet from the property line of a pre-existing adult use cannabis craft grower.

(2) State licensing application. Subject to applicable law, an adult-use cannabis craft grower shall include, as a part of any special use application to the Zoning, Planning and Development Commission, copies of all information submitted to the State of Illinois in an application for a license to operate under the Act.

(3) Location. In the C-4 District, an adult-use cannabis craft grower is only allowed along Harlem Avenue or Ogden Avenue with a special use permit. In the C-2 District, an adult-use cannabis craft grower is only allowed along Harlem Avenue and Roosevelt Avenue with a special use permit.

(4) Security. The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the craft grower and of the floor plan for an adult-use cannabis craft grower and the site on which it is located, consistent with the requirements of the Act.

(5) Signage. Display of window or exterior signage is prohibited at any adult use cannabis craft grower facility. This does not apply to any signage that may be required by state or local law, or the building address.

(6) Odor control. A detailed description of air treatment systems that will be installed to reduce odors at an adult-use cannabis craft grower facility shall be submitted with a special use application.

(7) Additional information. A special use applicant shall submit additional information as required by the Zoning Administrator during the special use process.

(C) Adult-use cannabis infuser organization or infuser. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1 -1 et seq.)(the "Act"), as it may be amended from time-to-time, and regulations promulgated thereunder.

(1) Compliance with state regulations. An adult-use cannabis infuser organization must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing requirements.

(2) State licensing application. Subject to applicable law, an adult-use cannabis infuser organization shall include, as a part of any special use application to the Zoning, Planning and Development Commission, copies of all information submitted to the State of Illinois in an application for a license to operate under the Act.

(3) Location. In the C-4 District, an adult-use cannabis infuser organization is only allowed along Harlem Avenue or Ogden Avenue with a special use permit. In the C-2 District, an adult-use cannabis infuser organization is only allowed along Harlem Avenue and Roosevelt Avenue with a special use permit.

(4) Security. The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the infuser and of the floor plan for an adult-use cannabis infuser organization and the site on which it is located, consistent with the requirements of the Act.

(5) Signage. Display of window or exterior signage is prohibited at any adult use cannabis infuser organization facility. This does not apply to any signage that may be required by state or local law, or the building address.

(6) Additional information. A special use applicant shall submit additional information as required by the Zoning Administrator during the special use process.

(D) Adult-use cannabis processing organization or processor. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1-1 et seq.)(the "Act"), as it may be amended from time-to-time, and regulations promulgated thereunder.

(1) Compliance with state regulations. An adult-use cannabis processing organization must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing requirements.

(2) State licensing application. Subject to applicable law, an adult-use cannabis processing organization shall include, as a part of any special use application to the Zoning, Planning and Development Commission, copies of all information submitted to the State of Illinois in an application for a license to operate under the Act.

(3) Location. In the C-4 District, an adult-use cannabis processing organization is only allowed along Harlem Avenue or Ogden Avenue with a special use permit. In the C-2 District, an adult-use cannabis processing organization is only allowed along Harlem Avenue and Roosevelt Avenue with a special use permit.

(4) Security. The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the processor and of the floor plan for an adult-use cannabis processing organization and the site on which it is located, consistent with the requirements of the Act.

(5) Signage. Display of window or exterior signage is prohibited at any adult use cannabis processing organization facility. This does not apply to any signage that may be required by state or local law, or the building address.

(6) Additional information. A special use applicant shall submit additional information as required by the Zoning Administrator during the special use process.

(E) Adult-use cannabis transporting organization or transporter. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 1-1 et seq.)(the "Act"), as it may be amended from time-to-time, and regulations promulgated thereunder.

(F) Animal boarding. The following standards apply to the C-4 District only.

(1) Location. Animal boarding is not allowed directly adjacent to any residential use.

(2) Outdoor boarding. One outdoor dog run per establishment is allowed. All outdoor animal boarding facilities shall be located in the interior side and/or rear yard and shall be enclosed with an opaque fence with a minimum height of six feet.

(3) Noise. Noise shall be managed so as not to create a public nuisance for surrounding properties in compliance with § 1244.06(A) (Noise) and all other local noise regulations.

(G) Banquet hall: location. In the C-1 District, banquet halls are allowed along 26th Street only.

(H) Car wash.

(1) Frontage requirement exemption. Outdoor car washes not located within an enclosed structure are allowed and shall be exempt from the minimum street frontage requirements established in Chapter 1246 (Zoning District Regulations).

(2) Stacking spaces. Stacking spaces associated with a car wash must comply with the requirements of § 1248.07 (Vehicular Stacking Requirements).

(3) Screening. The street frontage adjacent to any outdoor car wash area shall be screened per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).

(4) Drainage. A car wash shall not drain onto adjacent properties or into the right-of-way.

(I) Community garden.

(1) Site design. A community garden shall be designed and maintained to minimize the amount of water and/or fertilizer that drains or runs off onto adjacent property.

(2) Sales. There shall be no retail sales of produce on-site unless a temporary use permit for a seasonal sale is obtained in accordance with § 1252.03(H) (Temporary Use Permit).

(J) Community residence.

(1) Residential character. The location and operation of the facility shall not alter the residential character of the neighborhood, and the facility shall incorporate a residential design that is compatible with the surrounding neighborhood.

(2) Number of residents. In the R-1, R-2, and R-3 Districts, a maximum of eight residents per facility is allowed, including live-in staff.

(K) Credit union, loan company, or mortgage broker: minimum spacing. In the C-2 and C-3 Districts, a credit union, loan company, or mortgage broker may not be located within 500 feet of another credit union, loan company, or mortgage broker.

(L) Currency exchange or payday loan: minimum spacing. In the C-2 District, a currency exchange or payday loan may not be located within 500 feet of another currency exchange or payday loan.

(M) Day care home.

(1) Residential character. The location and operation of a day care home shall not alter the residential character of the neighborhood, and the facility shall incorporate a residential design that is compatible with the surrounding neighborhood.

(2) Minimize adverse impacts. The design of the facility shall minimize traffic congestion, pedestrian hazards, noise, and other adverse impacts on surrounding properties.

(N) Gas station.

(1) Location. The gas station shall be located on a corner lot.

(2) Minimum street frontage requirement. Gas stations shall be exempt from the minimum street frontage requirements established in Chapter 1246 (Zoning District Regulations).

(3) Light pollution. Lighting shall be designed with luminaires recessed under the canopy to minimize light pollution. The illuminance of the canopy shall not exceed ten foot-candles as measured at any location.

(4) Screening. Street frontage not occupied by building or driveways shall be treated with landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).

(O) Government facility: driveway width. Fire stations and public works facilities are exempt from the maximum driveway widths established in § 1248.08 (Site Access).

(P) Indoor entertainment or recreation.

(1) Minimum area. In the C-1, C-2, C-3, and C-4 Districts, indoor entertainment or recreation uses shall have a minimum area of 40,000 square feet.

(2) Minimize adverse impacts. The location of entrances and exits, service areas, and parking and loading docks shall minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.

(3) Noise. Any noise associated with the facility shall be managed so as not to create a public nuisance for surrounding properties and shall comply with § 1244.06(A) (Noise) and all local noise regulations.

(Q) Medical marijuana dispensary.

(1) Compliance with state regulations. Medical marijuana dispensaries must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing and registration requirements and minimum spacing of 1,000 feet from preschools, elementary schools, secondary schools, day care centers, day care homes, and group day care homes.

(2) Location. In the C-4 District, medical marijuana dispensaries are only allowed along Harlem Avenue with a special use permit.

(3) Minimum spacing. A medical marijuana dispensary shall not be located within one mile of another medical marijuana dispensary.

(4) Security. The site design shall incorporate adequate security measures, such as exterior lighting, surveillance cameras, and/or fencing.

(R) Microbrewery/micro-distillery.

(1) Size. The microbrewery and/or micro-distillery shall be no greater than 5,000 square feet in area.

(2) Beverage sales. No more than 25% of the gross floor area of the facility may be dedicated to the retail sale of alcoholic and/or non-alcoholic beverages for either on-site or off-site consumption.

(S) Motor vehicle rental: outdoor storage. In all zoning districts, motor vehicles may not be stored in the public right-of-way. In the C-2 and C-3 Districts, the outdoor storage of vehicles is prohibited.

(T) Motor vehicle repair and/or service.

(1) Outdoor storage. Disabled or inoperable vehicles and those awaiting pick-up may be stored outdoors if the following conditions are met.

(a) Location. Outdoor storage of vehicles is prohibited in the front yard. Motor vehicles may not be stored in the public right-of-way.

(b) Screening. To the extent practicable, storage areas shall be screened from view of the street by building and/or landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).

(c) Storage duration. Motor vehicle repair and/or service facilities may not store the same vehicles outdoors for more than 20 days.

(2) Service bays. In the C-2 and C-3 Districts, vehicular service bays, including garages and car wash bays, shall not be located on the front facade.

(3) Outdoor activities. All repairs must occur inside an enclosed building.

(U) Motor vehicle sales.

(1) Location. Vehicles may not be stored in the public right-of-way.

(2) Screening. The street frontage adjacent to any outdoor sales and display area shall be improved with landscape screening in accordance with the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).

(3) Light pollution. The illuminance of any outdoor sales and display area shall not exceed ten foot-candles as measured at any location.

(V) Multi-family dwelling: location. In the C-4 District, multi-family dwellings are allowed along Harlem Avenue only.

(W) Off-street parking lot.

(1) Location. The off-street parking lot shall not be located on a corner lot.

(2) Single-family. An off-street parking lot shall not be associated with a single-family or two-family use.

(3) Screening. The requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard) shall apply.

(X) Outdoor entertainment or recreation. In the districts where outdoor entertainment or recreation is allowed as a special use, the following standards apply.

(1) Minimum area. In the C-1, C-2, C-3, and C-4 Districts, outdoor entertainment or recreation uses shall have a minimum area of 40,000 square feet.

(Y) Parking garage: ground floor uses. In the C-2 and C-3 Districts, a use listed in Table 1244.02-A. Use Table as an allowed commercial, civic, or institutional use must occupy the first 30 feet of building depth on the ground floor along a minimum of 50% of the street-facing facade. Refer to Figure 1244.03-A. Parking Garage.

Figure 1244.03-A. Parking Garage

(Z) Pawn shop: minimum spacing. In the C-2 District, a pawn shop may not be located within one mile of another pawn shop.

(AA) Planned development. Refer to the requirements of § 1252.04 (Planned Developments).

(BB) Preschool, elementary, or secondary school: minimize adverse impacts. The location of entrances and exits, service areas, and parking and loading docks shall minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.

(CC) Self-service storage: location. In the C-2 District, self-service storage is only allowed on upper stories.

(DD) Small food manufacturing: size. A small food manufacturing establishment shall be no greater than 5,000 square feet in area.

(EE) Tobacco shop: minimum spacing. In the C-2 and C-3 Districts, a tobacco shop may not be located within 500 feet of another tobacco shop.

(FF) Transitional treatment facility with or without dispensary.

(1) Location. Transitional treatment facilities with or without dispensary are only allowed along Harlem Avenue with a special use permit.

(2) Special use permit. The special use permit application shall include the qualifications of the operating agency and the number of anticipated employees and residents.

(GG) Utility.

(1) Required yard. Aboveground utilities may not encroach into the required front yard.

(2) Screening. The street frontage adjacent to the utility shall be treated with landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).

(HH) Wireless telecommunication facility and/or tower.

(1) General requirements. All wireless telecommunication facilities and towers shall be subject to the following:

(a) Lighting. A wireless telecommunication facility or tower shall not include lights unless required by the Federal Communications Commission, the Federal Aviation Administration, or the city.

(b) Signs. A wireless telecommunication facility or tower shall not display signs except that such facilities or towers may include information required for government regulation, such as Federal Communications Commission registration information.

(c) Screening. A wireless telecommunication facility or tower shall be treated with landscape screening per the requirements of § 1250.05(C) (Buffer Yard Requirements) with the exception that the fence height shall be a minimum of six feet and maximum of eight feet.

(2) Wireless telecommunication facility.

(a) Height. The maximum height of a wireless telecommunication facility shall be 12 feet.

(b) Use. A wireless telecommunication facility may house equipment and supplies for operation of a wireless telecommunication tower. Such facility shall be unstaffed and shall not be used for equipment that is not part of the operation of the facility.

(3) Wireless telecommunication tower.

(a) Height. The maximum height of a wireless telecommunication tower shall not exceed the minimum height required to function satisfactorily, but in no circumstances shall exceed 100 feet above ground.

(b) Design. A wireless telecommunication tower shall be designed to accommodate at least three telecommunication providers and their accompanying wireless telecommunication facilities. A wireless telecommunication tower shall have a galvanized gray or silver finish unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the city.

(Ord. 17-31, passed 9-12-2017; Ord. 19-26, passed 11-26-2019; Ord. 20-05, passed 2-25-2020)

§ 1244.04 ACCESSORY STRUCTURES AND USES.

(A) General provisions for accessory structures. Accessory structures shall be subject to the following standards, unless otherwise established by this Code.

(1) Construction phasing. No accessory structure shall be constructed prior to the construction of the principal building to which it is accessory.

(2) Location. Accessory structures are allowed in front, corner side, interior side, and rear yards.

(3) Height. The maximum height of an accessory structure shall be ten feet.

(4) Setbacks. Accessory structures shall be located a minimum of three feet from any rear lot line and three feet from any interior side lot line.

(B) Accessory structures table. Table 1244.04-A. Accessory Structures establishes the accessory structures allowed in each zoning district. Table 1244.04-A. Accessory Structures is not an exhaustive list of accessory structures that may be located within the city. Each structure is given one of the following designations for each zoning district.

(1) Permitted ("P"). A "P" indicates that the accessory structure does not require a building permit and is allowed by right within the designated district provided that it meets all applicable standards set forth in this section.

(2) Permitted with building permit ("B"). A "B" indicates that the accessory structure requires the approval of a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy) and shall meet the use standards set forth in this section in order to be allowed within the designated district.

(3) No designation. The absence of a letter (a blank space) indicates that the structure is not allowed within the designated district.

(4) Use standards. Accessory structures that are designated as "Permitted" or "Permitted with Building Permit" may have use standards that must be met, as established in division (C) of this section.

Table 1244.04-A. Accessory Structures
Accessory Structure	Districts										Use Standards
Accessory Structure	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4	Use Standards
Antenna and/or Satellite Dish	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(1)
Arbor, Pergola, or Trellis	B	B	B	B	B	B	B	B	B	B	None
Ball Court	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(2)
Chicken Coop							B	B	B		See § 1244.04(C)(3)
Deck or Patio	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(4)
Drive-Through Facility		B		B	B						See § 1244.04(C)(5)
Fence or Wall	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(6)
Flag Pole	B	B	B	B	B	B	B	B	B	B	None
Garage	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(7)
Gazebo, Greenhouse, or Shed	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(8)
Mechanical Equipment or Electrical Generator	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(9)
Outdoor Storage	B	B	B	B	B	B					See § 1244.04(C)(10)
Rainwater Cistern	P	P	P	P	P	P	P	P	P	P	None
Recreational Equipment	P	P	P	P	P	P	P	P	P	P	None
Small Wind Energy System	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(11)
Solar Energy Collection System	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(12)
Swimming Pool	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(13)
Wireless Telecommunication Antenna	B	B	B	B	B	B	B	B	B	B	See § 1244.04(C)(14)

(C) Use standards for accessory structures. The following standards apply to accessory structures designated as permitted ("P") or permitted with building permit ("B") in the districts noted in the "Use Standards" column of Table 1244.04-A. Accessory Structures.

(1) Antenna and/or satellite dish: location. Allowed on the interior side or rear facade. If a location on the interior side or rear facade would prevent the device from functioning properly, the antenna and/or satellite dish may be located on the front or corner side facade provided that evidence of need is provided to the Zoning Administrator prior to installation.

(2) Ball court: location. Allowed in the rear yard, except that one basketball standard and backboard shall be allowed in any yard in the R-1, R-2, R-3, and R-4 Districts.

(3) Chicken coop. Chickens may be kept in chicken coops, chicken runs, and similar such enclosures in accordance with the following standards.

(a) Permit. Prior to erecting a chicken coop, an applicant must obtain a chicken coop permit from the Zoning Administrator and provide notice to all adjacent property owners. Such permits must be renewed annually.

(b) Location. Chicken coops are allowed in the rear yard of any single-family use in the R-1, R-2, or R-3 District.

(c) Setback. Chicken coops shall be located a minimum of ten feet from any lot line and a minimum of ten feet from the principal structure on the lot.

(d) Number. No more than two hens are permitted per zoning lot. Roosters are not permitted.

(e) Maintenance. Chicken coops shall be maintained in a manner that provides adequate lighting and ventilation, and protects chickens from cold weather, precipitation, rodents, predators, and trespassers. Chicken coops must be maintained in a sanitary condition and shall be cleaned of droppings, uneaten feed, feathers, and other waste so as not to become a nuisance.

(f) Slaughter. On-site slaughtering of chickens is prohibited.

(4) Deck or patio.

(a) Location. Allowed in the interior side and/or rear yard.

(b) Setback. The deck or patio shall follow the setback requirements for the zoning district in which it is located, except that a deck or patio may encroach up to ten feet into the required rear yard in the R-1, R-2, R-3, and R-4 Districts.

(5) Drive-through facility. Refer to Figure 1244.04-A. Drive-Through Facility.

(a) Location. The drive-through facility shall be located on the interior side or rear facade of the principal structure.

(b) Screening. The drive-through facility shall be screened from view of the street by building and/or landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard). Screening shall be designed in such a way as to avoid interference with visibility or access. If site orientation prevents the direct application of the standards of § 1250.05(A) (Parking Lot Perimeter Landscape Yard), alternative configurations for screening may be approved by the Zoning Administrator.

(6) Fence or wall. The following requirements apply to fences and walls unless otherwise specifically established in this Code. Refer to Figure 1244.04-B. Fence or Wall.

(a) Location. Fences and walls, including all posts, bases, and other structural parts, shall be located completely within the boundaries of the lot on which it is located.

1. Front yard. Fences and walls are prohibited in the front yard.

2. Corner side yard, interior side yard, and rear yard. Fences and walls are allowed in the interior side and rear yards and setbacks, and in the corner side yard and setback between the principal structure's rear facade and the rear lot line.

3. Second fence. A second fence may not be attached or installed parallel to an existing fence at the same lot line.

(b) Height. The maximum height of a fence or wall shall be measured from the ground at the base of the fence or wall and shall be subject to the following limitations.

1. Maximum height. The maximum height of a fence or wall shall be six feet.

2. Maximum height adjacent to Commercial or Industrial Districts. A residential lot located directly adjacent to or across an alley from a Commercial or Industrial District may erect a solid fence or wall in the rear yard not to exceed a maximum height of six feet, including any decorative open trellis.

(c) Materials. The following requirements for materials apply to the construction of fences and walls, as well as any associated gates.

1. Allowed materials. Brick, stone, treated wood, simulated wood, PVC, chain link, and metal mesh are allowed materials.

2. Prohibited materials. No fence or wall may incorporate sharp or dangerous components. Barbed wire, exposed cinder block, exposed concrete block, corrugated metal, and razor wire are prohibited materials, except that chain link or barbed wire fencing may be allowed in the Commercial, Industrial, and Public Areas Districts with Zoning Administrator approval.

3. Finished face. The finished side of a fence or wall shall face outward from the lot.

(7) Garage. These standards apply to detached garages only. Attached garages are considered part of the principal structure and must comply with the requirements of Chapter 1246 (Zoning District Regulations).

(a) Location. Garages are allowed in the rear yard and setback and in the corner side yard and setback between the principal structure's rear facade and the rear lot line.

(b) Height. The maximum height of a garage shall be 16 feet for a garage with a pitched roof and 14 feet for a garage with a flat roof.

(d) Maximum dimensions. Garages on lot less than 40 feet wide shall be no larger than 528 square feet. Garages on lots 40 feet wide or larger shall be no larger than 768 square feet.

(8) Gazebo, greenhouse, or shed.

(a) Location. Gazebos, greenhouses, and sheds are allowed in the rear yard only.

(b) Height. The maximum height of a gazebo, greenhouse, or shed shall be 12 feet.

(9) Mechanical equipment or electrical generator.

(a) Deemed conforming. Notwithstanding division (C)(9)(b) of this section, existing ground-based mechanical equipment that is located in a setback where it is not permitted as of the effective date of this Code shall be considered legally conforming and may be replaced and repaired. Such conforming status shall expire if the principal structure is demolished.

(b) Location. Ground-mounted mechanical equipment and electrical generators shall be located in the rear yard and shall be located at least five feet from the rear and interior side lot lines. Roof-mounted mechanical equipment shall be located a minimum of six feet from any supporting wall to facilitate safe access.

(c) Screening. Mechanical equipment and electrical generators shall be screened from view of the street with opaque fencing, landscaping, or building.

Figure 1244.04-A. Drive-Through Facility

Figure 1244.04-B. Fence or Wall

(10) Outdoor storage.

(a) Height. Outdoor storage materials shall not exceed six feet in height.

(b) Uses. Allowed outdoor storage uses include those listed below. Additional uses may be approved by the Zoning Administrator.

1. Growing and/or displaying plants associated with a greenhouse and/or nursery.

2. Storage associated with motor vehicle fueling, sales, rental, repair, and/or service in accordance with § 1244.03(I) (Gas Station), § 1244.03(N) (Motor Vehicle Rental), § 1244.03(O) (Motor Vehicle Repair and/or Service), and § 1244.03(P) (Motor Vehicle Sales).

3. General manufacturing.

4. Contractor storage yards.

(11) Small wind energy system. Small wind energy systems are intended primarily to reduce on-site consumption of utility power and consist of a wind turbine, tower or mounting device, and associated control or conversion electronics. Systems may be roof-mounted or ground-mounted in accordance with the following standards.

(a) General requirements. All small wind energy systems shall be subject to the following.

1. Building permit application. The application for a building permit shall include drawings of the wind turbine structure, including the tower, base, footings, and location on the site, and a line drawing of the electrical components in sufficient detail to determine whether the proposed system conforms to pertinent electrical codes.

2. Capacity. Systems shall have a rated capacity of 100 kilowatts or less.

3. Noise. Systems shall not exceed 60 dBA, as measured at the closest lot line. This level may be exceeded during short-term events such as utility outages and/or severe storms.

(b) Roof-mounted system. Roof-mounted systems shall adhere to the following.

1. Districts. Roof-mounted systems are allowed in the C-1, C-2, C-3, C-4, I, P, R-1, R-3, and R-4 zoning districts.

2. Location. Systems are allowed on the interior side or rear roof face of a principal structure, accessory structure such as a garage, gazebo, greenhouse, or shed, or other structure as allowed by the Zoning Administrator.

3. Height. The maximum height of a roof-mounted system shall be 15 feet above the height of the principal or accessory structure to which the turbine is attached.

1. Districts. Ground-mounted systems are allowed in the C-1, C-2, C-3, C-4, I, and P Districts.

2. Location. System is allowed in all yards.

3. Height. The maximum height of a ground-mounted system shall be the height limit of the applicable zoning district.

4. Setback. All components of the ground-mounted system, such as the tower, blade, and guy wire anchors, shall be located a minimum of ten feet from any lot line.

5. Clearance. A ground-mounted system shall have a minimum of 15 feet of clearance.

(12) Solar energy collection system. Solar energy collection systems may be roof-mounted or ground-mounted in accordance with the following standards and those of Chapter 1424 (City of Chicago Electrical Code).

(a) Roof-mounted system. Roof-mounted systems shall adhere to the following.

1. Districts. Roof-mounted systems are allowed in all zoning districts.

2. Location. A roof-mounted system shall not be located on a roof face that runs parallel to and faces the front lot line.

3. Height. The maximum height of a roof-mounted system shall be five feet above the overall height of the principal or accessory structure to which the system is attached.

4. Angle. A roof-mounted system must be mounted at the same angle as or flush with the roof of the structure when visible from the street, excluding alleys.

(b) Ground-mounted system. Ground-mounted systems shall adhere to the following.

1. Districts. Ground-mounted systems are allowed in the C-1, C-2, C-3, C-4, I, and P Districts.

2. Location. Ground-mounted systems are allowed in the interior side and rear yards.

3. Height. The maximum height of a ground-mounted system shall be the height limit of the applicable zoning district.

4. Screening. System shall be screened from view of the street by building or landscape screening per the requirements of § 1250.05(A) (Parking Lot Perimeter Landscape Yard).

(13) Swimming pool. The following standards apply to swimming pools with a maximum depth equal to or greater than 24 inches.

(a) Building Code. The installation or replacement of a swimming pool shall comply with all requirements of the International Building Code, including those for swimming pool enclosures and safety devices.

(b) Location. Swimming pools are allowed in the rear yard and setback, but shall be located at least three feet from the rear lot line and shall not extend into the corner side or interior side yards.

(c) Height. Aboveground pools shall not exceed six feet in height, including attached fences, railings, and/or other structural or decorative additions, and shall not be in close proximity to any telephone or electrical lines and cables, as determined by the Zoning Administrator.

(d) Distance from other structures. A swimming pool shall be a minimum of five feet from any other structure or building on the lot, with the exception of an attached permanent deck or patio.

(14) Wireless telecommunication antenna.

(a) General requirements. Wireless telecommunication antennas shall meet the requirements established in § 1244.03(CC)(1) (General Requirements).

(b) Height. The maximum height of a wireless telecommunication antenna shall not exceed 10% of the overall height of the building or structure on which it is mounted. A wireless telecommunication antenna attached to a wireless telecommunication tower shall not cause the overall height of the tower to exceed 100 feet.

(c) Stealth design. All wireless telecommunication antennas, including those co-located on a wireless telecommunication tower, shall utilize stealth design to blend into the surrounding environment.

1. A wireless telecommunication antenna must be enclosed, camouflaged, screened, or obscured so that it is not readily apparent to a casual observer.

2. A wireless telecommunication antenna shall blend into another part of the structure upon which it is mounted, such as a rooftop, tower, spire, or other similar feature.

(D) Home occupations. Home occupations are allowed in the C-1, C-2, C-3, C-4, R-1, R-2, R-3, and R-4 Districts, subject to the following standards.

(1) Certificate and fee required. Home occupations shall meet the requirements of the Municipal Code (§ 802.15 Certificates for Home Occupations; Fee).

(2) Location. A home occupation may not be located in an accessory structure.

(3) Uses. Examples of allowed home occupations include artist, consultant, counselor, craftsperson, designer, tutor, writer, and instructor of music, craft, or fine art.

(4) Space limitation. No more than 25% of the total square footage of the dwelling unit may be used for the home occupation. All activities associated with the home occupation shall occur entirely within the dwelling unit.

(5) Hours of operation. Allowed hours of operation are from 7:00 a.m. to 9:00 p.m. for home occupations with outside visitors.

(6) Residency of operator. The operator of the home occupation shall reside in the dwelling unit where the home occupation is located.

(7) Employees. One additional nonresident employee is allowed.

(8) Visitors. A maximum of four visitors, such as clients, customers, or pupils, may be present within the home occupation at any given time.

(9) Parking. Any parking needs associated with the home occupation shall be accommodated on-site within an existing driveway or garage.

(10) Deliveries. Deliveries and shipments are not allowed from the premises, with the exception of carriers that typically provide service to residential neighborhoods, such as the U.S. Postal Service and/or express shipping services (UPS, FedEx, DHL).

(11) Signs. Signs associated with the home occupation must comply with the requirements of the Municipal Code (Chapter 1476 Signs).

(Ord. 17-31, passed 9-12-2017; Ord. 24-19, passed 10-22-2024; Ord. 25-17, passed 8-26-2025)

§ 1244.05 TEMPORARY STRUCTURES AND USES.

Temporary structures and uses shall be subject to the requirements of this section.

(A) Temporary structures and uses table. Table 1244.05-A. Temporary Structures and Uses establishes the allowed temporary structures and uses for each zoning district. Table 1244.05-A. Temporary Structures and Uses is not an exhaustive list of temporary structures and uses that may be located within the city, but rather those that have additional development requirements or require city approval. Each structure or use is given one of the following designations for each zoning district.

(1) Permitted ("P"). A "P" indicates that the temporary structure or use is allowed by right within the designated district provided that it meets all applicable use standards set forth in this section.

(2) Permitted with temporary use permit ("T"). A "T" indicates that the temporary structure or use requires the approval of a temporary use permit (refer to § 1252.03(H) (Temporary Use Permit)) and must meet any applicable use standards set forth in this section in order to be allowed within the designated district.

(3) No designation. The absence of a letter (a blank space) indicates that the use is not allowed within the designated district.

(4) Use standards. Temporary structures or uses that are designated as "permitted" or "permitted with temporary use permit" may have use standards that must be met, as established in division (B) of this section.

Table 1244.05-A. Temporary Structures and Uses
Temporary Structures and Uses	Districts										Use Standards
Temporary Structures and Uses	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4	Use Standards
Contractor Trailer or Model Unit	P	P	P	P	P	P	P	P	P	P	See § 1244.05(B)(1)
Farmers Market	T	T	T	T		T					See § 1244.05(B)(2)
Garage or Yard Sale							P	P	P	P	See § 1244.05(B)(3)
Seasonal Sale	T	T	T	T	T	T					See § 1244.05(B)(4)
Sidewalk Sales	T	T	T	T							See § 1244.05(B)(5)
Temporary Outdoor Entertainment		T	T	T	T	T					See § 1244.05(B)(6)
Temporary Storage Container	P	P	P	P	P	P	P	P	P	P	See § 1244.05(B)(7)

(B) Use standards for temporary structures and uses. The following standards apply to temporary structures and uses designated as permitted ("P") or permitted with temporary use permit ("T") in the districts noted in the "Use Standards" column of Table 1244.05-A. Temporary Structures and Uses. Temporary uses may be located outdoors or within an enclosed building or structure.

(1) Contractor trailer or model unit: duration. Contractor trailers shall be limited to the period of active construction of the project. Model units, including temporary real estate offices, shall be limited to the period of active selling and/or leasing of space in the development ,or six months after issuance of the final occupancy permit, whichever is less.

(2) Farmers market: products for sale. The following products may be offered for sale if they are grown or produced by the vendor: fresh dairy goods, fruits, vegetables, meats, juices, flowers, plants, herbs, spices, baked goods, and/or arts and crafts.

(3) Garage or yard sale: duration. Garage and yard sales shall be limited to a period of two consecutive days. A maximum of two garage and/or yard sales shall be allowed for the same residence within a 12-month period. Garage or yard sales may be held between the months of March and October only.

(4) Seasonal sales.

(a) Temporary use permit application. Approval of a temporary use permit for a seasonal sale shall be based on the adequacy of the lot area, provision of parking and traffic access, and public safety, as well as the absence of undue adverse impacts on other properties.

(b) Duration. Seasonal sales shall be limited to a period of up to 45 days. The Zoning Administrator may grant additional time or successive permits through the temporary use permit process.

(5) Sidewalk sales.

(a) Duration. Sidewalk sales shall be limited to a period of three consecutive days. A maximum of three sidewalk sales shall be allowed for the same retailer within a 12 month period.

(b) Sidewalk clearance. A minimum of five feet of sidewalk clearance must remain available for pedestrians.

(6) Temporary outdoor entertainment.

(a) Other local regulations. Temporary outdoor entertainment shall comply with the requirements of the Municipal Code (Chapter 802 Business Regulation Certificates) and other local regulations.

(b) Temporary use permit application. Approval of the temporary use permit shall be based on the adequacy of the lot area, provision of parking, traffic access, and public safety, as well as the absence of undue adverse impacts on adjacent properties. The temporary use permit application shall include the following:

1. Site plan. As part of the temporary use permit application, the operator of the event must submit a site plan to the city prior to the event that illustrates the location of major site components and ingress and egress routes for emergency vehicles.

2. Proof of state inspection. The operator of the event shall provide proof that all amusement devices have been inspected and approved by the State of Illinois Department of Labor.

(d) Bulk and yard requirements. Temporary outdoor entertainment is exempt from Chapter 1246 (Zoning District Regulations).

(7) Temporary storage container.

(a) Duration. Temporary storage containers shall be located on a lot for a period of no more than seven consecutive days, unless used in conjunction with an approved building permit.

(b) Number. No more than one temporary storage container is permitted per zoning lot.

(c) Improved surface. The temporary storage container shall be located on an improved surface. Containers shall not be permanently attached to the ground, have permanent utility service, or be stacked atop one another.

(Ord. 17-31, passed 9-12-2017)

§ 1244.06 ENVIRONMENTAL PERFORMANCE STANDARDS.

All uses shall comply with the performance standards established in this section unless any federal, state, county, or local regulation establishes a more restrictive standard, in which case, the more restrictive standard shall apply.

(A) Noise. No activity or use shall be conducted in a manner that generates a level of sound, as measured on another property, greater than that allowed by federal, state, county, and local regulations, as amended. These limits shall not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads, and aircraft.

(B) Odor. No activity or use shall be conducted in a manner that generates odors of such intensity and character as to be harmful to the health, welfare, or comfort of the public. Any such use shall be stopped or modified so as to remove the odor.

(C) Dust and air pollution. Dust and air pollution carried by the wind from sources such as storage areas, yards, roads, equipment, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, screening, paving, wetting, or other acceptable means.

(D) Glare and heat. No activity or use shall be conducted in a manner that generates glare or heat that may be detected at any point off the lot on which the use is located. Light sources shall be shielded so as not to cause a nuisance across lot lines.

(E) Vibration. No activity or use shall be conducted in a manner that generates earthborn vibration which can be detected at any point off the lot on which the use is located.

(F) Fire and explosion hazards. Materials that present potential fire and explosion hazards shall be transported, stored, and used only in conformance with all applicable federal, state, county, and local regulations.

(G) Hazardous, radioactive, and toxic materials. No activity or use shall produce hazardous, radioactive, or toxic material without prior notice to the city. Notice shall be given to the city at least 30 days before the operation is commenced. The transport, handling, storage, discharge, clean up, and disposal of all hazardous, radioactive, or toxic materials, including waste, shall comply with applicable federal, state, county, and local regulations.

(Ord. 17-31, passed 9-12-2017)

§ 1244.07 SPECIAL COMMERCIAL USES.

Commercial uses not otherwise allowed as permitted or special uses in the R-l, R-2 and R-3 Zoning Districts may be approved as a special commercial use when located in qualifying commercial structures on corner properties or interior lots that abut corner properties in the R-1, R-2 and R-3 Zoning Districts, subject to the following standards,

(A) General provisions for special commercial use. A special commercial use may be located in a qualifying commercial structure subject to the following standards.

(1) Qualification. Structures in R-1, R-2. and R-3 Zoning Districts, which occupy corner lots or interior lots that abut corner lots, may qualify as a commercial structure for use by a special commercial use if the structure is historically designed as having commercial structural characteristics.

(2) Special use. An applicant may only locate a proposed special commercial use in a qualifying commercial structure following an application for, and the approval and issuance of, a special use permit in accordance with § 1252.03(C). In addition, any application for a special commercial use under this section must be accompanied by information establishing the proposed structure as a qualifying commercial structure, as well as a plan to preserve or restore the historical commercial design characteristics of the structure.

(3) Use standards. Commercial uses seeking to locate as a special commercial use in a qualifying commercial structure may have specific use standards that must be met, as established in § 1244.03 (Use Standards), and referenced in the "Use Standards" column of Table 1244.02-A (Use Table).

(Ord. 20-17, passed 4-14-2020)

Berwyn City Zoning Code

CHAPTER 1244

USES

§ 1244.01 GENERAL PROVISIONS.

(A) Purpose. The purpose of this chapter is to establish the uses of land allowed by this Code.

(B) General standards. The following standards apply generally to the uses allowed by this Code.

(1) Federal, state, and local requirements. All uses shall comply with relevant federal, state, and local standards regarding licensing, health, and safety requirements.

(2) Number of uses. A lot may contain more than one principal use.

(3) Principal, accessory, and temporary uses. Each use may function as a principal, accessory, or temporary use on a lot, unless otherwise specified.

(5) Exempt public uses. The following public uses are allowed to be erected, constructed, altered, or maintained in any zoning district:

(a) Traffic signals, fire hydrants, and other similar public safety devices.

(b) Street signs.

(a) The unlisted use shall be subject to any use standards that apply to the similar allowed use.

(b) The Zoning Administrator may interpret the unlisted use as requiring the approval of a special use permit if the similar allowed use requires the approval of a special use permit.

(Ord. 17-31, passed 9-12-2017; Ord. 19-26, passed 11-26-19)

§ 1244.02 USE TABLE.

(A) Use table. Table 1244.02-A. Use Table establishes the uses allowed in each zoning district. Each use is given one of the following designations for each zoning district.

(1) Permitted use ("P"). A "P" indicates that a use is allowed by right within the designated district provided that it meets all applicable use standards set forth in § 1244.03 (Use Standards).

(3) No designation. The absence of a letter (a blank space) or the absence of the use from the table indicates that the use is not allowed within the designated district.

(B) Use standards. Uses that are designated as "Permitted Use" or "Special Use" may have use standards that must be met, as established in § 1244.03 (Use Standards).

Table 1244.02-A. Use Table
Uses	Districts										Use Standards
Residential	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Community Residence	P						P	P	P	P	See § 1244.03(J)
Dwelling Above the Ground Floor	P	P	P	P							None
Multi-Family Dwelling	S	S	S	P						P	See § 1244.03(V)
Residential Care Facility	P	P	P	P						P	None
Single-Family Dwelling	P						P	P	P	P	None
Townhouse Dwelling	P	S	S							P	None
Two-Family Dwelling	P								P	P	None
Civic and Institutional	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Community Garden	P	P	P	P		P	P	P	P	P	See § 1244.03(I)
Cultural Facility	S	S	S	S		S					None
Government Facility	P	P	P	P	P	P	P	P	P	P	See § 1244.03(O)
Hospital	S	S	S	S		S					None
Park	P	P	P	P	P	P	P	P	P	P	None
Place of Worship	S	S	S	S		P	P	P	P	P	None
Preschool or Elementary School	S	S	S	S		S	S	S	S	S	See § 1244.03(BB)
Secondary School	S	S	S	S		S					See § 1244.03(BB)
Commercial	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Adult Use					S						None
Adult-Use Cannabis Dispensing Organization		S		S							See § 1244.03(A)
Adult-Use Cannabis Craft Grower		S		S							See § 1244.03(B)
Adult-Use Cannabis Infuser Organization		S		S							See § 1244.03(C)
Adult-Use Cannabis Processing Organization		S		S							See § 1244.03(D)
Adult-Use Cannabis Transporting Organization		S		S							See § 1244.03(E)
Animal Boarding				S	P						See § 1244.03(F)
Animal Hospital	P	P	P	P	P						None
Banquet Hall		S	S	S							See § 1244.03(B)
Bar/Tavern	S	P	P	P							None
Car Wash				S	P						See § 1244.03(C)
Contractor/ Contractor Yard				S	S						None
Credit Union, Loan Company, or Mortgage Broker		S	S	P							See § 1244.03(F)
Currency Exchange or Payday Loan		S		P	P						See § 1244.03(G)
Day Care Center	S	S	S	S							None
Day Care Home							P	P	P	P	See § 1244.03(H)
Financial Institution	P	P	P	P	P						None
Funeral Home	S	P	S	P							None
Gas Station	S	S		P	P						See § 1244.03(I)
Hotel or Motel		S	S	S							None
Indoor Entertainment or Recreation	S	S	S	S	P						See § 1244.03(K)
Massage Therapy Establishment	S	S	S	S	S						None
Medical/Dental Office With Dispensary				S	S						None
Medical/Dental Office Without Dispensary	P	P	P	P	P						None
Medical Marijuana Dispensary				S	S						See § 1244.03(L)
Microbrewery / Micro-Distillery	S	S	S	S	S						See § 1244.03(M)
Motor Vehicle Rental		S	S	P	P						See § 1244.03(N)
Motor Vehicle Repair and/or Service	S	S	S	P	P						See § 1244.03(O)
Motor Vehicle Sales				P	P						See § 1244.03(P)
Nursery				P	P						None
Outdoor Entertainment or Recreation	S	S	S	S	S						See § 1244.03(S)
Pawn Shop		S		P	S						See § 1244.03(U)
Personal Services Establishment	P	P	P	P	P						None
Professional Office	P	P	P	P	P						None
Research/Development Facility		P	P	P	P						None
Restaurant	P	P	P	P	P						None
Retail Goods Establishment	P	P	P	P	P						None
Self-Service Storage		P		P	P						See § 1244.03(X)
Tattoo Parlor		S	S	P	P						None
Tobacco Shop	P	S	S	P	P						See § 1244.03(Z)
Transitional Treatment Facility With Dispensary				S	S						See § 1244.03(AA)
Transitional Treatment Facility Without Dispensary	S	S	S	S	P						See § 1244.03(AA)
Manufacturing	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
General Manufacturing					P						None
Small Food Manufacturing		P	P	P	P						See § 1244.03(Y)
Warehousing, Storage, or Distribution Facility				S	P						None
Wholesale Establishment				S	P						None
Other Uses	C-1	C-2	C-3	C-4	I	P	R-1	R-2	R-3	R-4
Club, Lodge, or Hall	S	S	S	S	S	S				S	None
Off-Street Parking Lot	S	S	S	P	P	P				S	See § 1244.03(R)
Parking Garage		S	S	P	P	P					See § 1244.03(T)
Planned Development	S	S	S	S	S	S	S	S	S	S	See § 1244.03(V)
Utility	S	S	S	S	S	S				S	See § 1244.03(BB)
Wireless Telecommunication Facility or Tower	S	S	S	S	S	S	S	S	S	S	See § 1244.03(CC)
Table Key P: Allowed by right and shall meet requirements of § 1244.03 (Use Standards) when applicable. S: Allowed with special use permit and shall meet requirements of § 1244.03 (Use Standards) when applicable.