Zoneomics Logo
search icon

Bloomingdale City Zoning Code

CHAPTER 5

GENERAL ZONING PROVISIONS

11-5-1: BUILDINGS ON LOTS:

In residence districts, every dwelling hereafter erected or structurally altered shall be located on a lot, and there shall not be more than one principal building on one lot; except, in the case of planned developments, the planned unit development district of 250 acres or more and the business park planned unit development district of 75 to 250 acres, only one principal building is permitted on any lot, and no principal building shall be constructed over the lot line of any lot. (Ord. 73-69, 12-20-1973; amd. 2012 Code)

11-5-2: ALLOWABLE USE OF LAND OR BUILDINGS:

The following uses of land or buildings are allowed in the zoning districts established by this title:
   A.   Uses lawfully established on the effective date hereof.
   B.   Permitted uses as designated in the zoning districts established by this title.
   C.   Special uses. (Ord. 73-69, 12-20-1973; amd. 2012 Code)

11-5-3: PUBLIC UTILITY USES:

The following public utility uses are permitted in any district: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, lift stations and any other similar distribution equipment; provided, that installation shall conform with rules and regulations of the applicable administrative authorities. (Ord. 69-12, 4-23-1969)

11-5-4: PROHIBITED USE OF LAND OR BUILDINGS:

No building or tract of land shall be devoted to any use other than the one which is specified as a permitted or special use in the zoning district in which such building or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and where construction has begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of chapter 12 of this title. (Ord. 69-12, 4-23-1969; amd. Ord. 73-69, 12-20-1973; 2012 Code)

11-5-5: TEMPORARY AND INTERIM LAND USES:

Temporary and interim land uses in the following land use categories shall require the issuance of a temporary land use permit which shall be issued by the building and zoning official. A written application will be required for such use, and the application must demonstrate that the use and applicant will meet the requirements for a temporary land use permit as stipulated in this section.
   A.   Unified Shopping Centers:
      1.   Sidewalk Sales: Sidewalk sales, sponsored by the businesses in a unified shopping center, may be held for a period not exceeding ten (10) calendar days, with no more than four (4) such sales being permitted in any calendar year. Displays shall be arranged so that no such display shall cover an area exceeding fifty percent (50%) of the depth of the sidewalk. At the building and zoning official's discretion, the individual events may be combined, so long as such combined sidewalk sales do not exceed forty (40) days in any calendar year.
      2.   Other Promotional Events: Other promotional events include, but are not limited to: carnivals, circuses, live performances, charity fundraisers, holiday events, classic car events, food festivals, farmers' markets, or other events sponsored by the businesses in the shopping center, or by the ownership or management entity of the unified shopping center. The events, when approved by the building and zoning official, may be held for a period not exceeding seven (7) days out of a ten (10) day period. No more than a total of six (6) promotional events shall be permitted in each calendar year. Set up and removal time shall not be counted in the seven (7) day period. Events, such as farmers' markets, that propose to occur at a frequency exceeding six (6) times within a calendar year shall be approved as a special use pursuant to section 11-3-4 of this title.
   B.   Other Locations:
Promotional events, include, but are not limited to: company or church picnics, carnivals, charity fundraisers, holiday events, or other events. The events, when approved by the building and zoning official, may be held for a period not exceeding three (3) calendar days, with no more than four (4) such events being permitted in any calendar year. Events, such as farmers' markets, that propose to occur at a frequency exceeding four (4) times within any calendar year, shall be approved as a special use pursuant to section 11-3-4 of this title.
   C.   Requirements For Temporary Land Use Permit:
      1.   Dimensioned site plan indicating the specific location on the site where the event will take place, detailing the major components, such as:
         a.   Main entrance,
         b.   Ticket booths,
         c.   Carnival rides,
         d.   Food service(s),
         e.   Portable toilets,
         f.   Games area,
         g.   Stage for performances,
         h.   Fencing locations, and
         i.   Vehicular parking locations;
      2.   Information about the proposed outside operator, if any;
      3.   Carnivals and circuses will require perimeter fencing if installed in parking lots, and be detailed on the site plan;
      4.   Number of portable toilets;
      5.   Dates for duration of the event, including a detail of the setup and removal;
      6.   Hours of operation;
      7.   Written estimate of the number of attendees, in the overall and peak periods;
      8.   Evidence of liability insurance and the limits of liability.
      9.   For circuses and carnivals, certificates of insurance naming the village as an additional insured must be provided. The building and zoning official, in conjunction with the village administrator's office, will provide the required coverage and limits of liability, and if additional endorsements are needed;
      10.   Provisions for refuse collection;
      11.   Explanation of music provided and whether loudspeakers are to be used, and a written plan to notify neighboring businesses or residents, if applicable;
      12.   Proof of approval by the appropriate fire protection district;
      13.   Proof of an approved license from the DuPage County health department, if food is being served;
      14.   Evidence of arrangements for private security, including any security details provided by the village police department through a "charge back" process;
      15.   Provisions for temporary event signage;
      16.   Other permits and information as required by the building and zoning official, including permits for electrical installation, and to tap into the village water and sewer system;
      17.   An application for a temporary use permit, including information required as applicable in subsections C1 through C16 of this section, shall be submitted to the building and zoning official no less than thirty (30) days prior to the date of setup for the desired event;
      18.   The building and zoning official may create such application forms as are necessary to obtain the requisite information; and
      19.   The building and zoning official is authorized to assess permit fees on a daily or event basis as specified in this code.
   D.   Village Board Approval: When deemed to be acceptable, the village board shall approve all permits for temporary land uses by motion. The village board may deny approval of the event if there is testimony from the village staff or village chief of police that the arrangements for private security personnel as provided in writing, or the village's ability to provide security, whether through a charge back process to the event sponsor or as part of its routine staffing for special events, is not sufficient to ensure public safety. The board may, at its discretion, waive the requirement for approval of recurring events that occur subsequent to the initial event.
   E.   Previously Conducted Recurring Events: Recurring events that do not require village board approval as of the date of the adoption of this code amendment will not need village board approval after the date of adoption of this code amendment so long as future events do not differ materially from those events conducted previously. (Ord. 2013-33, 10-28-2013)

11-5-6: CONTROL OVER USE:

No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located; except, that in residence districts, a lot in a subdivision of record at the effective date hereof, even though such lot does not meet the requirements of this title as to area and width, may be used for single-family residence purposes, provided the use conforms with all other regulations of the district in which it is located. (Ord. 69-12, 4-23-1969)

11-5-7: CHANGES TO APPROVED PLANS, USES AND STRUCTURES:

   A.   Minor Changes: The building and zoning official may approve minor changes to approved uses, occupancies, building interiors and exteriors, structures or parts of structures, signage and site layouts or site plans, including those contained in site specific planned developments or site plan approval ordinances. A change is considered to be minor if a preponderance of the following apply: (Ord. 2014-48, 10-27-2014; amd. Ord. 2017-08, 3-13-2017)
      1.   It conforms to the concept, purpose and intent of the approved plan and any applicable development agreement;
      2.   It conforms to the concept, purpose, and intent of the comprehensive plan;
      3.   It conforms to the concept, purpose, and intent of the zoning code;
      4.   It conforms to the standards in the zoning code or is consistent with the standards established in a planned development ordinance or permit;
      5.   It does not increase floor area or number of dwelling units by more than five percent (5%) of that allowed by the applicable zoning district bulk regulations;
      6.   It does not increase impervious coverage by more than ten percent (10%) of the area of the applicable zoning lot or planned development to be affected by the increased impervious area;
      7.   If a nonresidential use, it is not adjacent to residential uses;
      8.   The proposed use is within the same zoning classification as the existing or approved use, and the intensity of the use does not increase as follows:
         a.   When the parking requirement of the new use is greater than that of the prior use; or
         b.   If in a business district (BP, B, O-D, or M-1), the hours of operation are greater; or
         c.   There is an increase of noise or other activity resulting from the new use.
      9.   The proposed exterior facade is harmonious with other properties, and does not result in a change in character with the surrounding vicinity;
      10.   Notwithstanding the tree replacement requirements contained in chapter 16 of this title, tree replacement necessitated by changes determined to be minor shall require a minimum of one 3-inch caliper tree to replace each tree, six inch (6") caliper or greater in size, removed. Locations for tree replacement shall be shown on a site plan or site landscape plan. (Ord. 2014-48, 10-27-2014)
   B.   Major Changes: A request that cannot be determined to be minor in nature is deemed to be a major change. A major change shall be reviewed according to the applicable procedure for new site plans or uses as specified in this code.
   C.   Request For Minor Changes: The property owner shall authorize all requests for minor changes. The property owner or an authorized tenant shall provide such site plans, elevations, narrative description, or traffic information as necessary in order to make a determination that a proposed change is minor or major. (Ord. 2013-33, 10-28-2013)
   D.   Minor Changes Denied: Minor changes not approved by the building and zoning official may be approved by the village board without the review and recommendation of the planning and zoning commission. The village board may at its discretion, however, refer such requests to the planning and zoning commission for a public meeting, according to the applicable procedure for new site plans as specified in this code. In that case, the planning and zoning commission will prepare a finding of fact to be submitted to the board containing its review of the revised plans. (Ord. 2013-33, 10-28-2013; amd. Ord. 2014-48, 10-27-2014)
   E.   Mature Landscaping Installations In Shopping Centers, Retail Districts, Office Buildings, And Business Parks:
      1.   Notwithstanding the requirements of chapter 16, "Tree Preservation", of this title, property owners shall be allowed to replace mature plantings, where the duration of the existing plantings exceeds ten (10) years, on a tree for tree or shrub for shrub basis as a minor change.
      2.   Prior to a replacement of mature plantings as described in subsection E1 of this section, a new landscaping plan, prepared by a licensed landscape architect, shall be submitted indicating existing and new species, and shall include a ledger breaking out deciduous canopy trees, evergreen trees, ornamental trees, perennials and annuals, with species, size, and quantity of plantings. Size of plantings and other landscaping requirements of chapter 4, "Site Development And Plan Review", of this title shall apply.
      3.   For unified shopping centers or other retail concentrations the property owner may also propose the regrading of landscaped yards to reduce height of landscaped berms ranging from four feet (4') to six feet (6') to three feet (3'). A landscaping plan shall be submitted showing the plantings on the proposed regrading plan.
      4.   The village may at its discretion obtain the assistance of a landscape or planning consulting firm to evaluate the appropriateness of any replacement plantings. (Ord. 2013-33, 10-28-2013)
      5.   The village board shall approve the revised landscape plan. At their discretion, the board may refer the revised landscape plan to the planning and zoning commission for its review at a public meeting, according to the applicable procedure for new site plans as specified in this code. In that case, the planning and zoning commission will prepare a finding of fact to be submitted to the board containing its review of the revised landscape plans. (Ord. 2013-33, 10-28-2013; amd. Ord. 2014-48, 10-27-2014)

11-5-8: CONTROL OVER BULK:

Except in the case of planned developments, all new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict with the bulk regulations of this title for the district in which such building shall be located. (Ord. 69-12, 4-23-1969; amd. Ord. 2013-33, 10-28-2013)

11-5-9: ACCESSORY STRUCTURES AND USES:

   A.   Accessory Uses:
      1.   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation or culture of pigeons, poultry or livestock, whether or not for profit.
      2.   Private swimming pools shall be permitted accessory uses in any residence district, provided they conform with the regulations of this title and other applicable ordinances of the village.
   B.   Accessory Structures:
      1.   Location: No accessory structure, unless it is structurally a part of the principal structure, and unless it conforms with requirements of accessory structures for special uses, shall be erected or altered, nor moved to a location within ten feet (10') of the nearest wall of the principal structure or any structure on any adjacent lot, nor within the required area for a front or side yard of the lot, as set forth for the district. An accessory structure in a rear yard shall not be less than five feet (5') from any property line; except, where a driveway along the side lot line is not adjacent to a driveway on an adjoining lot, a detached garage need not be more than three feet (3') from the side lot line; except, on corner lots, an accessory structure shall be not nearer than the required depth of the front yard along the property line adjoining the street; and on through lots, not less than the distance required for a front yard from the rear lot line abutting a street.
      2.   Encroachment Upon Yards: No accessory structure shall encroach upon that side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.
      3.   Height: No accessory structure shall have more than one story, nor exceed fifteen feet (15') in height, or the height of the principal structure, whichever is less, unless otherwise permitted as accessory to business and manufacturing uses or to authorized special uses.
      4.   Access From Alley: An accessory structure having vehicular access from an alley shall not be less than five feet (5') from the lot line abutting the alley.
      5.   Number Allowed: One general purpose accessory structure no larger than two hundred (200) square feet in area is permitted on any lot in the single-family residence districts. One other accessory structure with a maximum area of one hundred fifty (150) square feet is also permitted as either: a) a structure to be used in conjunction with a recreational activity, such as for swimming pool equipment storage or horticultural equipment storage; or b) a gazebo.
      6.   Access Doors: Accessory structures shall have access through traditional, hinged doors. For lots over eighteen thousand (18,000) square feet in area, access may be gained with overhead doors seven feet (7') or less in width and seven feet (7') or less in height.
      7.   Garages:
         a.   Detached garages shall be permitted only in the R-2 single- family residence district, and shall not be deemed accessory structures. The area of such garages, however, shall be included in the thirty percent (30%) rear yard coverage limitation provided by subsection 11-5-12E of this chapter.
         b.   Single-family residential properties located in the ER-1 and R-1 single-family residence districts shall be allowed a garage for motor vehicle ("vehicle") storage with an area not to exceed one thousand (1,000) square feet, and containing doors sufficient to accommodate four (4) vehicles. A single garage door may consist of either a single stall width for one vehicle or a double stall width for two (2) vehicles.
            (1)   On interior lots, the garage may be either side or front loaded.
               (A)   If front loaded only, the garage can have a maximum of three (3) single stall garage doors, or one single stall and one double stall garage door facing the street.
               (B)   If side loaded only, the garage can have any combination of single stall or double stall garage doors, to accommodate a maximum number of four (4) garage doors.
               (C)   If front loaded and side loaded, the garage can have a maximum number of three (3) garage doors facing the street, with the fourth garage door facing the side yard, as long as the total number of garage doors, both front and side loaded, accommodates no more than four (4) vehicles.
            (2)   On corner lots, the garage can have a maximum number of garage doors for four (4) vehicles. A maximum number of four (4) doors for four (4) vehicles are permitted facing the corner side property line, or some other arrangement as determined by the building and zoning official. The four (4) doors may consist of two (2) double stall doors, or one double stall door and two (2) single stall doors, or four (4) single stall doors.
            (3)   On through lots, a maximum number of four (4) doors are permitted, provided there are no more than three (3) stall doors facing the front yard. The three (3) stall doors may consist of a double stall door and a single stall door, or three (3) single stall doors.
         c.   Single-family residences in the R-2, R-2A, R-2B, and R-3 single-family residence districts shall be allowed for a maximum of three (3) garage doors to accommodate garage storage of not more than eight hundred (800) square feet in area facing a front, side, or rear lot line on any interior, corner, or through lots. The three (3) garage stall door openings may consist of any combination of a double stall door or a single stall door.
         d.   The total square footage of a garage may not exceed fifty percent (50%) of the total floor area of the dwelling unit.
         e.   All garage doors shall be of a uniform height, but shall not exceed nine feet (9') in height.
         f.   Garage doors for a double stall to accommodate two (2) passenger vehicles shall be no wider than eighteen (18) linear feet, and for a single stall to accommodate one passenger vehicle shall be no wider than ten (10) linear feet.
      8.   Electric Vehicle Charging Stations (EVCS) containing Electronic Message Centers (EMC), shall be allowed in the B-1, Neighborhood Business District, B-2, Community Business District, B-3, General Business District and all business uses within the Planned Unit Development District of two hundred and fifty (250) Acres or More, pursuant to Section 11-10B-3(B), as permitted uses, and subject to the following:
         a.   EVCS shall be no larger than eighty-six (86) inches in height, forty-seven (47) inches in width and sixteen (16) inches in depth;
         b.   EMC faces shall be no more than fifty-seven (57) inches in height and thirty-two (32) inches in width and no more than two (2) EMC's shall be permitted for each EVCS;
         c.   All EMC faces shall be dimmed between the hours of eleven o’clock (11:00) p.m. and sunrise, unless located within a completely enclosed building;
         d.   EMC displays shall not be permitted to change more than once every eight (8) seconds;
         e.   EMC's on EVCS shall not exceed a total of twenty-six (26) square feet, for both sides;
         f.   No EVCS containing an EMC shall be located within twenty-five feet (25') to zero (0) feet from a public right-of-way, unless located in a completely enclosed building;
         g.   No EVCS containing an EMC, shall be located within two hundred and fifty feet (250') from any residentially zoned district;
         h.   No more than two (2) EVCS with EMC, shall be located on any single acre of property;
         i.   EVCS, containing EMC's shall not be located on any lot smaller than one (1) acre;
         j.   A pair of EVCS, containing EMC's shall not be located within three hundred feet (300’) of the next nearest pair EVCS containing EMC's;
         k.   Approved EMC's may not contain music, voices or otherwise generate any sound from the station;
         l.   At least one display of every eight (8), will be reserved for community content, provided by the Village.
         m.   EMC's incorporated within EVCS shall only be permitted provided that the electric vehicle battery charging services provided by the EVCS is being provided at no charge to the consumer for a minimum of two hours;
         n.   Any EVCS, containing EMC's that are not able to comply with the standards and criteria as set forth in 11-5-9B(8) of the Code, shall be required to obtain a special use for the proposed structures, subject to the criteria set forth in section 11-3-4 of the Village Code. Notwithstanding the preceding sentence, any proposed EVCS containing EMC's that fail to meet the requirements of 11-5-9(B)(8)(8), 11-5-9(B)(8)(10), or 11-5-9(B)(8)(13) provided herein, shall be subject to review and/or approval of the Village Board in open meeting, without requiring an additional public hearing process. (Ord. 69-12, 4-23-1969; amd. Ord. 2013-33, 10-28-2013; Ord. 2021-37, 9-27-2021)

11-5-10: SPECIAL USES:

   A.   Purpose: The purpose of this section is to provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located. A classification of special uses is hereby established. Procedures for special uses are set forth in section 11-3-4 of this title.
   B.   Existing Special Uses: Where a use exists on the effective date hereof, and it is classified as a special use by this title, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the effective date hereof, and they shall be subject to yard, floor area ratio, and building height requirements set forth in this title for permitted uses in the districts in which they are located. (Ord. 69-12, 4-23-1969; amd. Ord. 2013-33, 10-28-2013)

11-5-11: YARD REQUIREMENTS:

   A.   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.
   B.   No lot shall be reduced in area so that the yards or other open spaces become less than required by this title.
   C.   On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of thirty percent (30%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, or from an intersecting street and a corporate limits line, no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure, or if there be residences upon only one side, then beyond the straight line projected from the front of the two (2) nearest residences, but this regulation shall not be interpreted to require a front yard of more than one hundred twenty five feet (125'), nor to permit a front yard of less depth than that of the nearest building. Where the street is curved, the line shall follow the curve of the street rather than be a straight line.
   D.   On a vacant, through or corner lot, either of the lot lines abutting a street right of way line may be established as its front lot line; except, that where two (2) or more through lots are contiguous and a front lot line has been duly established by the construction of a building on one of the lots, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street. (Ord. 69-12, 4-23-1969; amd. Ord. 2013-33, 10-28-2013)

11-5-12: PERMITTED OBSTRUCTIONS IN YARDS:

For the purpose of this title, the following are permitted obstructions in yards: (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)
   A.   In Any Yard: Chimneys, overhanging roof eaves, awnings, porches, and steps and landings leading to or from an exterior door adjoining the principal building, arbors and trellises, provided they do not exceed twenty five percent (25%) of the depth of the yard; ornamental light standards and flagpoles; and vegetation. Fences shall be permitted to the extent in compliance with chapter 19, "Fencing And Screening", of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2012-27, 6-11-2012; Ord. 2013-33, 10-28-2013)
   B.   In Front Yards:
      1.   Any yard which adjoins a street shall be considered a front yard.
      2.   In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title.
   C.   In Corner Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. All permitted obstructions shall be sufficiently set back from the intersection of street lines so as to avoid blocking sightlines for motorists.
   D.   In Interior Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. Permitted accessory buildings, structures, and uses are allowed in an interior side yard; provided, that the placement of same is consistent with this chapter and chapter 13 of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)
   E.   In Rear Yards: Accessory sheds, toolrooms or other similar accessory buildings, gazebos, patios, decks, recreational equipment, private swimming pools, tennis courts, provided the placement of same is in accordance with this chapter. Off street parking, private garages, and driveways are permitted in accordance with the provisions of chapter 13 of this title. Accessory buildings or structures may not occupy more than thirty percent (30%) of a rear yard. (Ord. 2012-27, 6-11-2012; amd. Ord. 2013-33, 10-28-2013)
   F.   Recreational Ramps:
      1.   Definition: The term "recreational ramp", as used in this subsection, shall refer to all outdoor structures commonly known as ramps or halfpipes, designed and principally intended for recreational use by persons on skates, skateboards, or rollerblades. (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013)
      2.   Permitted Accessory Use: A recreational ramp may be located as a temporary accessory use in the rear yard of a zoning lot in any Single-Family Residential District, provided:
         a.   Number And Coverage: Not more than one ramp is located on a single zoning lot, and the recreational ramp, together with any other accessory buildings or structures, does not occupy more than thirty percent (30%) of a rear yard.
         b.   Commercial Use Prohibited: The ramp is not used for commercial purposes.
         c.   Location: The ramp is located not less than:
            (1)   Ten feet (10') from an interior side lot line.
            (2)   Twenty feet (20') from a corner lot line.
            (3)   Ten feet (10') from a rear lot line.
            (4)   Ten feet (10') from the principal building on the lot.
            (5)   Fifteen feet (15') from any utility pole and ten feet (10') from any point directly underneath any overhead utility line. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
         d.   Screening: The ramp must be screened to buffer the view from adjacent properties and public rights-of-way. The location and extent of required screening shall be as determined by the Village Engineer.
            (1)   Screens must be at least as high as the ramp and may be accomplished through the use of a fence, wall, berm, or landscaping, or a combination of any of these methods.
            (2)   Landscaping used to screen recreational ramps shall, at a minimum, include the installation of one (1) 8-foot tall, clump form ornamental tree per ten (10) linear feet of ramp. Unless otherwise approved by the Village Engineer, trees installed for screening shall be selected from one or more of the following: (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2017-42, 11-13-2017)
Amur maple
Black alder
Crabtree varieties
River birch
Serviceberry
Thornless hawthorn
         e.   Use Restrictions: Recreational ramps shall be used in the following manner:
            (1)   Only one person may use the ramp at any time.
            (2)   Except on Sundays, when ramps shall not be used until after twelve o'clock (12:00) noon, use of the ramp shall be permitted only between nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M. or dusk, whichever comes first.
            (3)   Use of the recreational ramp or those using such ramp shall not violate any provisions of this Code, including, without limitation, all ordinances related to noise and nuisances, and as such ordinances may be amended.
            (4)   When not in use, the ramp shall have a chain, no less than one inch (1") thick, locked across the skating or riding surface. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
         f.   Permit Requirements: No recreational ramp over thirty six inches (36") in height shall be constructed without first receiving a building permit from the Village Engineer. Individuals applying for a building permit must submit the following information with their application and a review fee established by the Village Board of Trustees 1 : (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2017-42, 11-13-2017)
            (1)   Plans for the proposed ramp which show materials, method of construction, dimensions, and design, in conformity with subsection F2g of this section.
            (2)   Plat of survey for the property upon which the ramp is located, detailing the location and method of screening proposed.
            (3)   Details for the proposed fence, wall, berm, or landscape plantings, including height and size of all plant materials.
            (4)   Pictures of the proposed location of the ramp, including its surroundings and adjacent property lines.
            (5)   Statement in writing by applicant stating that the proposed ramp will conform to all standards and specifications established in this subsection.
         g.   Building Requirements:
            (1)   No recreational ramp shall be more than six feet (6') in height as measured from the adjacent grade to the top of the structure excluding the guardrail.
            (2)   All ramps greater than thirty inches (30") in height shall have a guardrail at least thirty six inches (36") in height on the platform(s).
            (3)   All lumber in direct contact with the ground shall be pressure treated with wood preservative.
            (4)   Plywood used in the ramp construction shall be exterior grade; the surface of the ramp being at least two (2) layers of three-eighths inch (3/8") thick plywood.
            (5)   All wood used in ramp construction shall be smooth finished to prevent injury and shall be properly surface coated to prevent deterioration and unsightliness.
            (6)   The ramp shall be painted a single color in conformity with the principal structure and shall not contain any designs, logos, writing, or other artwork.
            (7)   Ramps shall be "soundproofed" by placing tar paper in between the plywood layers of the skating or riding surface and by first insulating and then enclosing the ends with plywood. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
         h.   Approval: The location, design, method of screening, and method of construction shall be subject to review and approval by the Village Engineer. A building permit for a recreational ramp shall not be issued unless all information required by this subsection has been furnished by the applicant. (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2017-42, 11-13-2017)
         i.   Existing Ramps: All property owners with recreational ramps in place on the effective date hereof shall have a period of thirty (30) days from said effective date to either remove the ramp, bring it into compliance with the provisions of this subsection or apply for and receive a variation from the Village Planning and Zoning Commission as set forth in subsection F4 of this section.
      3.   Special Use Permit: Recreational ramps may be permitted in a commercial recreation area or neighborhood parks; provided, however, a special use permit is obtained for the ramp or ramps in accordance with procedures and evaluative criteria set forth in chapter 3 of this title. The location, design, screening, and hours of use shall be as recommended by the planning and zoning commission and approved by the village board as part of the special use permit. Information furnished as part of the application for a special use permit shall be as specified in subsection F2f of this section.
      4.   Authorized Variations:
         a.   The planning and zoning commission shall decide upon authorized variations from the provisions of this subsection, and shall grant them only in the specific instances where there are demonstrated practical difficulties or particular hardships in implementing the regulations hereof. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013; Ord. 2014-48, 10-27-2014)
         b.   Any individual applying for a variation shall be subject to the procedures contained in section 11-3-6 of this title. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
         c.   The decision by the planning and zoning commission to grant a variation to any regulations specified in subsections F2c, F2d and F2g of this section shall be based upon a showing by the petitioner: (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013; Ord. 2014-48, 10-27-2014)
            (1)   That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience if the regulations were strictly enforced;
            (2)   That the recreational ramp should be located in a corner side or interior side yard in lieu of the required rear yard due to the particular physical surroundings, shape or topographical conditions of the specific property involved;
            (3)   That the proposed recreational ramp will not have an adverse effect upon the ability of the persons who own, occupy or reside on nearby properties to use and enjoy their property;
            (4)   That the recreational ramp will not constitute a hazard to the safety of persons or property;
            (5)   That the proposed recreational ramp will not have an adverse effect on the value of nearby properties;
            (6)   That the proposed recreational ramp will be adequately screened from view of adjacent properties and public rights of way; and
            (7)   That the proposed recreational ramp will not be detrimental to the public welfare. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
         d.   The planning and zoning commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection to reduce or eliminate any negative effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this subsection. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013; Ord. 2014-48, 10-27-2014)

11-5-13: SANITARY SEWER AND WATER SYSTEMS:

A lot within a subdivision or planned development, or an individual lot not a part of an organized subdivision, shall be served by community or public sanitary sewer and water supply systems, except such a lot, recorded after the effective date hereof, which contains at least twenty four thousand (24,000) square feet of area and is at least one hundred fifty feet (150') in width, or in a duly recorded subdivision located within the village limits on the effective date hereof. Any lot of record, when used for a single-family dwelling, may be served by individual sewage treatment and water supply systems. Such individual sewage treatment and water supply systems shall be installed in accordance with applicable village of Bloomingdale, DuPage County, and state of Illinois regulations and standards. (Ord. 69-12, 4-23-1969; amd. Ord. 2013-33, 10-28-2013)

11-5-14: GARAGE AND RUMMAGE SALES:

The following are regulations for garage and rummage sales:
   A.   No sale items shall be located and no activities shall be conducted on a public sidewalk, parkway area or other public property. Further, no sale items shall be left out for display later than seven o'clock (7:00) P.M. on any day.
   B.   No more than three (3) rummage or garage sales shall be conducted on the same premises in any calendar year. One rummage or garage sale shall be limited to a period of not more than three (3) consecutive days and shall be conducted only during the hours between nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. The sale shall be conducted without the use of outdoor speakers, other amplification equipment, or illuminated advertising devices.
   C.   The person conducting the garage sale must notify the chief of police or his designee of the sale prior to the commencement of the sale.
   D.   Each violation of this section shall result in a fine in the amount not less than fifty dollars ($50.00). (Ord. 92-38, 6-22-1992; amd. Ord. 2013-33, 10-28-2013; Ord. 2020-34, 11-23-2020)

11-5-15: CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED:

   A.   The following words and phrases shall, for the purposes of this section, be defined as follows:
   ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
   ADULT-USE CANNABIS 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 organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   ADULT-USE CANNABIS DISPENSING ORGANIZATION: 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 and dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   ADULT-USE CANNABIS EVENT: Any public or private event operated by an organization or business where attendees can consume cannabis, or cannabis products, as part of any special event.
   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-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   ADULT-USE CANNABIS LOUNGE: A facility operated by an organization or business where customers can consume cannabis or cannabis products, in a social setting.
   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, (P.A. 101-0027), as it may be amended from time-to-time and regulations promulgated thereunder.
   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, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   PERSON: Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent.
   B.   Cannabis Business Establishments Prohibited: The following adult-use cannabis business establishments are prohibited in the village. No person shall locate, operate, own, suffer, allow to be operated or abide, abet or assist in the operation within the village of any of the following:
   Adult-use cannabis craft grower.
   Adult-use cannabis cultivation center.
   Adult-use cannabis dispensing organization.
   Adult-use cannabis event.
   Adult-use cannabis infuser organization or infuser.
   Adult-use cannabis lounge.
   Adult-use cannabis processing organization or processor.
   Adult-use cannabis transporting organization or transporter.
   C.   Public Nuisance Declared: Operation of any prohibited cannabis business establishment within the village in violation of the provisions of this section is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
   D.   Violations: Violations of this section may be enforced in accordance with the provisions of Chapter 3 of this Code. (Ord. 2019-36, 11-11-2019)