(A)   Community gardening and urban farming shall be permitted provided that, no keeping, propagation or culture of pigeons, poultry, rabbits, bees or livestock is conducted; and, further provided that, no retail sales are conducted from a store or stand erected or maintained on the premises.

   (B)   Gardens for the growing and cultivation of fruits and vegetables on single-unit residential properties shall be no larger than 1,000 square feet, or 10% of the area of the lot, whichever is less. Gardens for the growing and cultivation of fruits and vegetables on single-unit residential properties may be allowed in an interior side yard as long as there are no support structures over 36 inches in height.

   (C)   Structures associated with the growing and cultivation of fruits and vegetables in a rear yard of a single-unit residential property shall be no taller than eight feet in height.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2023-07-32, passed 7-17-2023)

   Single-unit attached dwellings shall meet the following provisions:

   (A)   Orientation. The main entrances to a single-unit attached dwelling shall face the primary street. Garages are encouraged to face side yards or be located in the rear of the primary structure. If garages face the front yard, they shall be setback a minimum of three feet from the primary elevation of the primary building. Accessory buildings and structures other than garages shall be located as allowed in § 16-4-15.

   (B)   Parking. A minimum of one of the parking spaces, as required in § 16-5-2(C), shall be provided in an attached or detached garage.

   (C)   Quality materials. Exterior building materials shall be traditional, time- and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, precast panels with inlaid or stamped brick texture. EIFS and vinyl materials shall be restricted to 20% of the facade facing the front and exterior side yards and shall be utilized as accent or trim material only.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2023-03-08, passed 3-20-2023)

   Multiple-unit dwelling, building shall meet the following provisions:

   (A)   Orientation. The main entrance to a multiple-unit dwelling building shall face the primary street.

   (B)   Location of parking. All off-street parking shall be located behind buildings.

   (C)   Driveways. Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or the property and street frontage.

   (D)   Location of service, loading, and utility areas. Service areas, dumpsters, utilities, and the required screening thereof shall not be readily visible from a right-of-way.

   (E)   Walkways. Pedestrian access shall be provided to the building entries and parking areas connecting to the public sidewalk at the street frontage when one exists.

   (F)   Quality materials. Exterior building materials shall be traditional, time- and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, precast panels with inlaid or stamped brick texture. EIFS and vinyl materials shall be restricted to 20% of the facade facing the front and exterior side yards and shall be utilized as accent or trim material only.

(Ord. 2021-05-15, passed 5-3-2021)

   Multiple-unit dwelling, complex shall be permitted as a special use and shall meet the following provisions:

   (A)   Site organization. Buildings shall be arranged, and site circulation shall be designed to create a sense of a public realm by framing and defining open spaces, street frontages, and amenities.

   (B)   Compact design. Buildings and other site improvements shall be clustered to maximize stormwater absorption.

   (C)   Orientation. Buildings orientation shall reinforce site circulation patterns, open space patterns, and connections to other buildings on site.

   (D)   Location of parking. Parking shall be integrated into the overall site design to minimize impact, reduce the loss of trees, and to be visually concealed from rights-of-way.

   (E)   Driveways. Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or the property and street frontage.

   (F)   Location of service, loading, and utility areas. Service areas, dumpsters, utilities, and the required screening thereof shall not be readily visible from a right-of-way.

   (G)   Walkways. Pedestrian access shall be provided to the building entries and parking areas connecting to the public sidewalk at the street frontage when one exists.

   (H)   Quality materials. Exterior building materials shall be traditional, time- and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, precast panels with inlaid or stamped brick texture. EIFS and vinyl materials shall be restricted to 20% of the facade facing the front and exterior side yards and shall be utilized as accent or trim material only.

   (I)   Open spaces. A minimum of 15% of the site shall be developed as usable open space and shall be sited to preserve natural site features and be integrated with the buildings and site circulation to provide common outdoor amenities and gathering places.

(Ord. 2021-05-15, passed 5-3-2021)

   Extended stay hotels shall be permitted as a special use and shall meet the following provisions:

   (A)   Vehicles greater than 10,000 pounds shall only be permitted to park in the rear of the property.

   (B)   No vehicle greater than 10,000 pounds shall be parked on the property for more than 24 hours.

(Ord. 2021-05-15, passed 5-3-2021)

   Accessory retail sales shall meet the following provisions:

   (A)   Accessory retail sales shall be limited to the sale of products produced on site.

   (B)   Accessory retail sales shall not exceed 10% of the total gross floor area of the building.

(Ord. 2021-05-15, passed 5-3-2021)

   Out lot retail buildings shall meet the following provisions:

   (A)   Setback. Out lot retail buildings shall be setback a minimum of 15 feet from any right-of-way.

   (B)   Location of parking. All off-street parking shall be located behind the building.

   (C)   Driveways. Curb cuts and site vehicular access shall be shared with the primary structure.

   (D)   Location of service, loading, and utility areas. Service areas, dumpsters, and utilities shall not be visible from a right-of-way. Required screening shall be integrated into the architecture of the building.

   (E)   Walkways. Pedestrian access shall be provided to the building entries and parking areas connecting to the public sidewalk at the street frontage when one exists.

   (F)   Architecture. Out lot retail buildings shall provide 360 degree architecture for all sides visible to the public. Three-hundred sixty degree architecture incorporates facade elements, including for doors, windows, exterior cladding, and all other exterior decorative elements and finishes on all front, side, and rear elevations of the building.

(Ord. 2021-05-15, passed 5-3-2021)

   Adult use and medical cannabis dispensing organizations shall be permitted as special uses and shall meet the following provisions:

      (1)   An accurately dimensioned site plan indicating buildings, building entrances, parking, sidewalks, adjacent streets and immediately surrounding uses. The site plan shall include a statement that the location of the cannabis dispensing organization is not in violation of the distance requirements set forth in this section.

      (2)   A floor plan of the interior of the facility indicating the principal uses on the floor plan, including retail areas and storage areas.

      (3)   A plan for disposal of any cannabis or byproducts.

      (4)   A plan for ventilation of the dispensing organization that describes the ventilation systems that will be used to prevent any odor of cannabis off the premises of the business.

      (5)   A security plan that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations. Security arrangements must deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products, and ensure the safety of employees and customers, as well as the surrounding area, and include no less than the minimum security and lighting measures required by state law. The security plan shall be reviewed and approved by the Chief of Police.

      (6)   A proposed plan of operations. The proposed plan of operations of the dispensing organization must demonstrate the intent of the organization to operate in full compliance with the Cannabis Regulation and Tax Act and/or Medical Cannabis Act, as applicable.

      (7)   A signage plan shall be submitted. The proposed signage plan shall comply with the following standards. No sign shall contain any logo, name, wording, statement or illustration that is:

         (a)   False or misleading;

         (b)   Promotes the overconsumption of cannabis;

         (c)   Displays cannabis;

         (d)   Shows someone under 21 consuming cannabis;

         (e)   Includes the image of the cannabis leaf or bud;

         (f)   Includes any image that is likely to appeal to minors; or

         (g)   Contains any slang or colloquial term for cannabis or cannabis paraphernalia.

      (8)   A parking and/or traffic study may also be requested to determine parking adequacy or traffic circulation.

         (a)   A dispensing organization shall not be located within a 1,500 foot radius of any other dispensing organization located within or outside the village, or be located within 100 feet of any place of worship, school, hospital, home for aged or indigent persons or for veterans, their spouses or children, or any military or naval station within or outside the village.

         (b)   A dispensing organization shall not contain a drive up service window.

         (a)   All dispensing organizations shall abide by all other applicable state and village regulations and requirements. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act, and shall obtain and maintain at all times valid licensing, certification, and/or accreditation by appropriate, local, state and national bodies charged with the regulation of adult-use or medical cannabis business establishments and shall adhere to all governing local, state and national codes and regulations.

         (b)   Principal use. The cannabis dispensing organization is allowed as a principal use only and not allowed as an accessory use or temporary use as defined within the Unified Development Ordinance.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2023-01-01, passed 1-16-2023)

   Adult oriented uses shall be permitted uses in the Industrial District and shall meet the following provisions:

   (A)   Purpose. The purpose of this section is to establish reasonable and uniform regulations to regarding the location of sexually oriented businesses in the municipality in order to minimize and control negative secondary effects associated with sexually oriented businesses within the municipality thereby promoting the health, safety and welfare of the citizens of the municipality. The provisions of this section have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose, nor effect of this section to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this article to condone or legitimize the distribution or exhibition of entertainment that is obscene.

   (B)   Findings. Based on evidence concerning the adverse secondary effects of sexually oriented businesses the Village of Carol Stream finds the following: Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities.

      (1)   Sexual acts, including masturbation, oral sex and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or rooms for viewing films, videos or live sexually oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea and human immunodeficiency virus (HIV).

      (2)   Studies conducted in other cities have demonstrated a correlation between sexually oriented business and a decrease in the residential and commercial property values that surround them, especially those properties within 1,000 feet of such businesses.

      (3)   Studies conducted in other cities have demonstrated a correlation between sexually oriented businesses and increased crime in the neighborhood, including sex-related crimes like prostitution, obscenity and sexual assault. This correlation is especially acute when more than one sexually oriented business is located in a neighborhood, and when a sexually oriented business is located near a public open space such as a park, cemetery or school.

      (4)   Studies conducted in other cities have demonstrated a correlation between sexually oriented businesses and increased harassment and propositioning of women, children and the elderly in the neighborhood.

      (5)   Studies conducted in other cities have demonstrated a correlation between sexually oriented businesses and offensive material such as pornographic magazines and used condoms being discarded in the surrounding neighborhood, making them available to children.

      (6)   Location of sexually oriented businesses in a neighborhood can create a "sex for sale" reputation in a neighborhood.

      (7)   The foregoing findings raise substantial governmental interests and concerns.

      (8)   The municipality cannot entirely prohibit sexually oriented businesses which are not obscene from locating within the municipality.

      (9)   The municipality can affect reasonable locational regulations to which it believes will ameliorate these deleterious secondary effects associated with sexually oriented businesses.

      (10)   Locating sexually oriented businesses in the Industrial Zone will ameliorate these deleterious secondary effects associated with sexually oriented business.

      (11)   Requiring sexually oriented businesses to be located 1,000 feet from any other sexually oriented businesses will ameliorate these deleterious secondary effects associated with sexually oriented businesses.

      (12)   Requiring sexually oriented businesses to be located 1,000 feet from any school, day care center, cemetery, public park including any lineal recreational area like a bike path, forest preserve, public housing, place of religious worship, lot zoned for residential purposes and lot used for residential purposes, complies with the requirements of state law 65 ILCS 5/11-5-1.5, and will ameliorate these deleterious secondary effects associated with sexually oriented businesses.

      (13)   North Avenue is the main thoroughfare in the municipality, and more than any other location in the municipality reflects on the economic status of the municipality.

      (14)   Accordingly, a decrease in the property values and an increase in visible crime along North Avenue will affect the property values of the municipality as a whole in a way that other locations would not.

      (15)   Preventing sexually oriented businesses from locating directly on, or within 500 feet of North Avenue will help to conserve property values in the municipality as a whole, while still providing an adequate number of sites and acreage available for the location of sexually oriented businesses.

   (C)   Permitted use. Any other ordinance or section of any ordinance notwithstanding, and subject to the setback requirements of § 16-3-11(B), sexually oriented businesses shall be a permitted use only in the I Industrial District. Sexually oriented businesses shall not be a special use in any district.

   (D)   Setback requirements. No sexually oriented business shall be located:

      (1)   Within 1,000 feet of the lot line of any other sexually oriented business, and any school, day care center, cemetery, public park including any lineal recreational area like a bike path, forest preserve, public housing, place of religious worship, lot zoned for residential purposes and lot used for residential purposes;

      (2)   Within 500 feet of the centerline of North Avenue, which 500 feet shall be measured from the nearest lot line, or portion of the building in which the sexually oriented business is located to the nearest point of the centerline of North Avenue; and

      (3)   On a lot which physically touches North Avenue.

   (E)   Restriction on use. All sexually oriented businesses shall be conducted entirely within a fully enclosed business. No sexually oriented business shall be operated in any manner that permits the observation from outside the building of any image, material or entertainment depicting or describing excretory functions, specified sexual activities or specified anatomical areas or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, window or any other means.

   (F)   Signage. No sexually oriented business shall advertise by way of billboard, sign boards or sign, within 1,000 feet of any school, day care center, cemetery, public park including any lineal recreational area like a bike path, forest preserve, public housing and place of religious worship.

   (G)   Other regulations. The restrictions set forth in this article shall supersede any other restrictions found in other ordinances or other sections of any ordinance as applied to sexually oriented businesses, if the terms of the restrictions are in conflict.

(Ord. 2021-05-15, passed 5-3-2021)

   Day care centers shall be permitted as a special use and shall meet the following provisions:

   (A)   Day care centers shall have a fenced-in yard area for outside play activities, which includes a fence of no greater than five feet in height or as permitted by § 16-5-9 or as required by the Illinois Department of Children and Family Services.

(Ord. 2021-05-15, passed 5-3-2021)

   Kennel and boarding facilities shall be permitted as a special use and shall meet the following provisions:

   (A)   Kennel.

      (1)   Kennels shall be limited to the raising, breeding, boarding, and grooming of domestic dogs and cats.

      (2)   The minimum lot size for a kennel shall be two acres.

      (3)   Dogs kept on premises will not equal more than 15 per acre of land.

      (4)   Cats kept on premises will not equal more than 25 per acre of land.

      (5)   All runs shall be hard-surfaced, compacted fine stone or grassed with drains provided every ten feet and connected to an approved sanitary facility.

      (6)   No building, other structure or outside dog runs shall be located within 150 feet of the lot line of a residential use.

      (7)   Dog runs shall not be used between the hours of 8:00 p.m. and 8:00 a.m.

      (8)   Methods shall be used to reduce the impact of noise on adjacent properties, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.

   (B)   Boarding facilities.

      (1)   Dog runs shall be set back as far as possible from all residential properties. In no case shall the minimum setback be less than 150 feet from the lot line of a residential use.

      (2)   Methods shall be used to reduce the impact of noise on adjacent properties, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.

      (3)   The animals shall be boarded in appropriate kennel units with insulation to further abate noise.

      (4)   The facility shall have appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the boarding area.

      (5)   The boarding area must be air-conditioned and heated so that any windows, doors or other openings can be closed at all times, with the exception of ingress and egress into the area.

      (6)   The total area designated for boarding within the building shall not exceed 75% of the gross floor area of the facility.

(Ord. 2021-05-15, passed 5-3-2021)

   Vehicle sales and rental facilities are commercial enterprises with unique characteristics which require the imposition of certain regulations intended to promote the public health, safety, comfort, morals and convenience, by ensuring that such uses are compatible with neighboring property and only minimally impact the local roadway network. Vehicle sales and rental uses are allowed as set forth in § 16-3-11(E) and shall meet the following provisions:

   (A)   Storage areas for vehicles for sale or rent shall not be located in any parking space required to satisfy the Schedule of Parking Requirements as set forth in § 16-5-2(C).

   (B)   Storage areas for vehicles for sale or rent shall be screened on all sides facing a public right-of-way with the requirements for parking lot perimeter landscape as detailed in § 16-5-6. The Community Development Director may approve alternate placement of the required landscape material.

   (C)   Vehicle sales and rental facilities, when operated in the Industrial District and approved as a special use, shall be subject to the following additional provisions, unless such provisions are otherwise modified as part of the special use approval process:

      (1)   Vehicles may not be stored or displayed within the required parking setback as set forth in § 16-5-2(B)(4)(b).

      (2)   No more than one vehicle sales or rental facility shall be permitted to operate within a multi-tenant building.

      (3)   Unlicensed vehicles awaiting sale may not be parked within a public street right-of-way.

      (4)   Vehicles may not be parked or stored in a manner that blocks access to drive aisles or parking spaces on adjacent property.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021-09-45, passed 9-20-2021; Ord. 2022-02-11, passed 2-22-2022)

   A regional religious institution shall be located on a parcel of land that is at least ten acres in size and shall be improved with a principal structure of at least 50,000 square feet in gross floor area.

(Ord. 2021-05-15, passed 5-3-2021)

   Accessory buildings and structures shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Except as otherwise regulated herein, an accessory building or structure hereafter established, erected, altered, enlarged or moved on a lot shall conform with the following.

      (1)   An accessory building or structure shall be located a minimum of five feet from the principal structure, unless otherwise permitted in this UDO.

      (2)   An accessory building or structure which is not located entirely in the required rear yard must comply with the side yard setback requirements of the primary structure and shall not be closer than five feet from any side property line.

      (3)   All accessory buildings or structures located entirely in the required rear yard shall not be closer than five feet from the property line unless otherwise specified.

      (4)   No accessory building or structure or portion thereof shall be located in the required front yard, exterior side yard, or interior side yard. Exception: gazebos, outdoor fireplaces, playground equipment, sheds, playhouses, greenhouses, storage buildings, swimming pools, hot tubs, patios, decks and terraces which may be located within an exterior side yard, not less than 15 feet from the lot line adjacent to the street, if the yard is enclosed with an allowable fence a minimum of five feet in height.

      (5)   Where an accessory building or structure is structurally attached to the principal structure, it shall comply with the setback requirements that apply to the principal structure

   (C)   Number of detached storage structures or buildings. There shall be no more than two detached storage structures or buildings per single-unit residential property. Detached storage structures less than or equal to 64 square feet in area shall not require a building permit, may be located within five feet of the principal structure, and shall comply with all other applicable codes and ordinances.

   (D)   Smoking shelters. Smoking shelters shall be permitted as accessory or detached structures on lots in any district. Such structures shall be further regulated as follows.

      (1)   The smoking shelter must comply with all requirements of the Village Building Code and Fire Code.

      (2)   The service and/or consumption of drinks or food in the smoking shelter is strictly prohibited.

      (3)   The smoking shelter must be located in a rear yard or interior side yard only, and must conform with the locational requirements for accessory structures as set forth in this article.

      (4)   The smoking shelter must be constructed on a suitable, hard surface and must be securely anchored.

      (5)   The floor area of the smoking shelter must be no larger than 150 square feet.

      (6)   The smoking shelter must be located no closer than 15 feet from any entrance, exit, open window or ventilation intake that serves an enclosed area in which smoking is prohibited.

      (7)   The smoking shelter must have at least one permanently clear opening that is not less than 80 inches in height and 60 inches in width.

      (8)   The smoking shelter may utilize outdoor lighting and electrical heating fixtures in accordance with the requirements of the Carol Stream Electrical Code and Fire Code. The smoking shelter must not contain any other electrical devices nor any mechanical devices, such as televisions or generators.

      (9)   Temporary smoking shelters must meet the requirements of this section, and also shall be subject to the regulations of § 16-8-3(A)(1)(f)(iv).

      (10)   Smoking shelters located within the Gary Avenue or North Avenue Corridors must meet the requirements of § 16-5-14.

   (E)   Radio/broadband telecommunication poles, towers, and/or antenna. Radio or broadband telecommunications poles, towers and antennas, not more than 55 feet in height above ground, shall be permitted as accessory or detached structures on lots in any district. Such structures shall not be placed in a position as to present a hazard to any utility lines. Such structures shall be further regulated as follows.

      (1)   Antenna structures or parabolic dish antenna structures shall not be located in any front or side yards adjoining a street and shall be constructed and maintained in compliance with the manufacturer's specifications.

      (2)   No parabolic dish antenna structure in excess of three feet in diameter shall be mounted on or over, bracketed or guyed to any principal building or structure.

      (3)   No dish antenna located upon a roof may exceed five feet in height as measured vertically from the roof which supports it to the top of the antenna or dish when positioned for operation.

      (4)   All portions of the dish antenna, in any orientation to the sky, must meet the minimum side and rear yard building setback requirements for the lot on which it is placed and shall be at least ten feet from any property line with no part of any antenna, wire, cable or guy wire crossings or extending over or beyond any property line.

      (5)   The location of a dish antenna in excess of three feet in diameter for a roof mounted antenna or ten feet in diameter for a ground mounted antenna in any Residential, Business or Industrial District shall be subject to the granting of a variation by the Zoning Board of Appeals after a public hearing thereon.

      (6)   The village shall assume no liability in case of personal injury or property damage arising in connection with or as a result of the erection, placement, or maintenance of any antenna.

      (7)   A minimum of 50% of the area around the dish must be planted in landscape material which is at least one-half as tall as the overall height of the dish antenna.

      (8)   The ground mounted dish antenna shall be as near to the rear of the house on which it shares a lot as possible.

      (9)   No more than one dish antenna shall be allowed on a lot of one acre or less.

      (1)   No more than four residential rainwater collection system storage devices shall be allowed on a single-unit residential lot.

      (2)   Rainwater collection systems that are four feet in height or less, or have a capacity of up to 55 gallons, may be located in all yards. Rainwater collection systems taller than four feet in height, or with a capacity of more than 55 gallons, must be located in the rear yard. Any structures and materials used for mounting and connecting the rainwater collection system shall be as unobtrusive as possible.

      (3)   Rainwater collection systems must be maintained in good working order, and must be removed if they are no longer in use.

      (2)   Accessory buildings and structures shall include landscape located at the building foundation as required by § 16-5-6 of the UDO.

      (3)   Accessory buildings and structures shall not be located in required parking or storage spaces.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021- 08-33, passed 8-2-2021; Ord. 2022-01-04, passed 1-13-2022; Ord. 2022-02-11, passed 2-22-2022; Ord. 2022-05-21, passed 5-2-2022; Ord. 2022- 09-39, passed 9-6-2022; Ord. 2023-07-32, passed 7-17-2023; Ord. 2025-08-31, passed 8-4-2025)

   (A)   Intent and purpose.

      (1)   To protect residential areas from adverse impacts that are sometimes associated with home occupations;

      (2)   Maintain and preserve the character of residential neighborhoods;

      (3)   Provide for the protection of the health, safety and welfare of all village residents; and

      (4)   Afford all residents of the village a broad choice in the use of their home to produce or supplement personal and family income in our ever changing society.

   (B)   Performance Standards.

      (1)   Only lawful activities that involve the performance of a business or occupation that is a permitted use or special use within the zoning districts contained within this chapter may be conducted within a home occupation. Exception: a person who possesses a valid federal firearms license may carry out that business as a home occupation; provided that, all other regulations of this section are complied with.

      (2)   It is conducted entirely within the dwelling by a member of the housekeeping unit residing in the dwelling, and not more than one additional non-resident assistant or employee on the premises.

      (3)   Home occupations shall not involve the use of any accessory building, second structure or outside storage of materials or equipment.

      (4)   There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling.

      (5)   There shall be no structural alterations or special construction features inconsistent with a residential use. There shall be no separate outside entrance provided solely for the occupation.

      (6)   The noise, dust, glare, odors, noxious fumes, vibrations or smoke emanating from the premises should not exceed that which is normally produced by a single-unit dwelling.

      (7)   Equipment which is necessary to the occupation may be used; provided, it does not create visible or audible interference in radio or television receivers or phones and it does not cause fluctuations in line voltage off the premises.

      (8)   It does not generate significantly greater traffic volume than normally expected in a residential area, except as outlined elsewhere in this section, and deliveries to the occupation by the United States Postal Service, UPS, Federal Express or any other licensed delivery service do not exceed what would normally be expected in a residential area.

      (9)   The parking of customer's or client's vehicles should not create safety hazards or unusual congestion. If the occupation is of the type that customers or clients visit the premises frequently, there shall be no more than four clients or customers in the dwelling unit or on the premises during any period of 60 consecutive minutes. Motor vehicle traffic generated by the occupation shall be prohibited from visiting the premises between the hours of 11:00 p.m. and 6:00 a.m., except for childcare operations. Motor vehicle traffic associated with the occupation shall be limited to no more than four vehicles during any period of 60 consecutive minutes. The number of additional customers, clients or motor vehicles can be increased to not more than eight to allow for the type of occupation that involves classes, demonstrations, meetings, students, day care or other similar occupations.

      (10)   A day care facility may provide outdoor supervised recreation on the property during reasonably limited periods.

      (11)   The use shall comply with all local, state or federal regulations pertinent to the activity involved. The operation shall not be construed as an exemption from any such regulations, including but not limited to any regulation or requirement regarding licensing; storage of drugs, pharmaceuticals, chemicals and the like; the disposal of any drugs, pharmaceuticals, chemicals and the like.

      (12)   All persons engaging in home occupation activities for which a federal firearms license is required shall store firearms either in locked cases or in racks in which the firearms are securely locked to the racks. Firearms ammunition shall only be stored in locked cases.

(Ord. 2021-05-15, passed 5-3-2021)

   Drive through facilities shall be permitted as a special use and shall meet the following provisions:

   (A)   General requirements.

      (1)   Drive-throughs shall be permitted a maximum of one menu board and one pre-order board with a combined maximum area of 100 square feet per drive through lane. Each menu board or pre-order board shall not exceed 60 square feet in area and ten feet in height. Menu boards and pre-order boards may utilize electronic message boards for 100% of the permitted menu board or pre-order board area and must follow all regulations of § 16-6-9. Size, appearance and location of additional appurtenances associated with the drive through use, including but not limited to clearance bars, speaker boxes, pavement markings, and ordering canopies, shall be evaluated as part of the review of the drive through use.

      (2)   Stacking spaces and lanes for drive- through stations shall not impede on- and off-street traffic movement, are not to cross or pass through off-street parking areas or drive aisles and are not to impede pedestrian access to a public entrance of a building.

      (3)   Drive-through lanes are to be separated from off-street parking areas. Individual lanes are to be striped, marked, or otherwise distinctly delineated.

      (4)   Stacking spaces shall have a minimum depth of 20 feet. Stacking lanes shall have the following minimum widths:

         (a)   One lane: 12 feet,

         (b)   Two or more lanes: ten feet per lane.

   (B)   Requirements by use.

 

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2023-03-08, passed 3-20-2023)

   Outdoor activities and operations, outdoor storage, and outdoor vehicle storage, excluding storage for vehicle sales and rental uses shall be subject to the following provisions:

   (A)   Screening of outdoor activities and operations, outdoor storage, and outdoor vehicle storage in the I District.

      (1)   Outdoor activities and operations, outdoor storage, and outdoor vehicle storage shall not be visible from:

         (a)   Adjacent non-industrial property;

         (b)   The right-of-way of the following roadways:

            I.   Gary Avenue;

            II.   North Avenue;

            III.   East Lies Road; and

            IV.   Schmale Road.

      (2)   The following minimum screening requirements shall apply to outdoor activities and operations, outdoor storage, and outdoor vehicle storage adjacent to or visible from areas identified in § 16-4-18(A)(1).

         (a)   A solid wall or fence not less than six feet and not more than eight feet in height along all property frontages identified in § 16-4-18(A)(1).

         (b)   A landscape strip not less than five feet wide located in front of the wall or fence. The required landscape materials shall conform to all requirements for transition area landscape found in § 16-5-5.

      (3)   The following minimum screening requirements shall apply to outdoor activities and operations, outdoor storage, and outdoor vehicle storage not adjacent to or visible from areas identified in § 16-4-18(A)(1):

         (a)   A fence, which conforms to all fence material requirements detail in § 16-5-8 and is not less than six and not more than eight feet in height.

         (b)   A landscape strip not less than five feet wide located in front of the fence wall. The required landscape materials shall conform to all requirements for transition area landscape found in § 16-5-6.

      (4)   General screening requirements.

         (a)   No screening wall or fence shall be located within a required front yard.

         (b)   Screening walls and fences shall be architecturally compatible with the primary structure.

   (B)   Screening of outdoor activities and operations in the B-1, B-2, B-3, and O-S Districts.

      (1)   Outdoor activities and operations shall not be visible from:

         (a)   Any public right-of-way; or

         (b)   Any residential property.

      (2)   The following minimum screening requirements shall apply to outdoor activities and adjacent to or visible from areas identified in § 16-4-18(B)(1):

         (a)   A solid wall or fence not less than six feet and not more than eight feet in height along all property frontages identified in § 16-4-18(B)(1).

         (b)   A landscape strip not less than five feet wide located in front of the wall or fence. The required landscape materials shall conform to all requirements for transition area landscape found in § 16-5-6.

      (3)   The following minimum screening requirements shall apply to outdoor activities and operations not adjacent to or visible from areas identified in § 16-4-18(B)(1).

         (a)   A fence, which conforms to all fence material requirements detail in § 16-5-8 and is not less than six and not more than eight feet in height.

         (b)   A landscape strip not less than five feet wide located in front of the masonry wall. The required landscape materials shall conform to all requirements for transition area landscape found in § 16-5-6.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021-08-33, passed 8-2-2021; Ord. 2021-09-45, passed 9-20-2021; Ord. 2022-05-21, passed 5-2-2022; Ord. 2022-09-39, passed 9-6-2022; Ord. 2023-07-32, passed 7-17-2023; Ord. 2024-06-30, passed 6-3-2024)

   Outdoor dining without alcohol sales shall be subject to approval by the Community Development Director, or his or her designee. Outdoor dining with alcohol sales shall be subject to approval through the special use permitting process.

   (A)   The seating area shall be ancillary to a restaurant or food service business.

   (B)   The seating area shall only be located on a paved pedestrian access area, sidewalk or other hard-surfaced area adjacent to the tenant space.

   (C)   The seating area shall have a safety barrier for protection from vehicular impact.

   (D)   The seating area must be located outside of required parking setbacks, parking spaces and landscape islands.

   (E)   If alcohol is sold in the outdoor dining area, the seating area must be separated from adjacent roadways, parking areas, or on-site circulation areas with a fence the height of which shall be a minimum of three feet and a maximum of four feet.

(Ord. 2021-05-15, passed 5-3-2021)

   Donation drop boxes are permitted as accessory structures in the R-l, B-2, B-3 and O-S Zoning Districts or on properties primarily occupied by an educational, religious, governmental or charitable use. The boxes shall only be placed with the property owner's permission and on properties that contain an existing and operating permitted or special use. Donation drop boxes shall be further regulated as follows.

   (A)   No more than two donation drop boxes are allowed on a zoning lot less than two acres in size. No more than three boxes are allowed on a zoning lot equal to or greater than two acres in size.

   (B)   All donation drop boxes on any given lot shall be located immediately adjacent to one another.

   (C)   Each box shall not exceed seven feet in height and 25 square feet in ground area.

   (D)   Boxes shall be located on an asphalt or concrete paved surface.

   (E)   Boxes shall not be located in a driveway or drive aisle and shall not reduce the width of paved clear space for the passage of pedestrians to less than five feet. Boxes shall not be located in such a way as to disrupt the flow of vehicular or pedestrian traffic.

   (F)   Boxes shall not be located nearer than 40 feet from an adjoining lot in a Residential Zoning District.

   (G)   Boxes shall not be located nearer than 20 feet from the right-of-way line of any street other than Gary Avenue or North Avenue.

   (H)   Boxes shall not be located nearer than 30 feet from the right-of-way line of Gary Avenue or North Avenue.

   (I)   Boxes shall not be located nearer than five feet from a fire hydrant or fire protection system connection.

   (J)   Boxes shall not occupy or otherwise inhibit the use of any parking spaces required to meet the parking space requirements for the uses on the property.

   (K)   Donation drop boxes are permitted to be located within the Gary Avenue or North Avenue Corridors Overlay Districts and are not subject to the review and approval procedures specified in § 16-5-14. However, donation drop boxes located within the Gary Avenue Corridor or North Avenue Corridor Overlay Districts shall be located so as not to be visible from any public ways, or shall be screened from view so as not to be visible from public ways with materials identical to or strongly similar to building materials or by heavy landscaping that will be effective in winter.

   (L)   A notice must be permanently affixed to each box in a highly visible location prohibiting the placement of items outside of the box. The name and 24 hour telephone number of the owner/operator must be permanently affixed to each box.

(Ord. 2021-05-15, passed 5-3-2021)

   As regulated in § 10-2-12 of the Village of Carol Stream Code of Ordinances.

(Ord. 2021-05-15, passed 5-3-2021)

   Special exhibitions, shows, or special events shall be subject to the following provisions:

   (A)   The Community Development Director, in granting a temporary use permit, shall establish the period during which the temporary use may take place and its hours of operation.

   (B)   Except for vehicular parking, no portion of an exhibition, show or special event which takes place in whole or in part outdoors shall be located nearer than 50 feet from the nearest lot line of a lot in a residential use.

   (C)   No exhibition, show or special event which takes place in whole or in part outdoors shall, without written authorization from the office of the Community Development Director, place its facilities upon any required parking areas. Required parking spaces shall mean the minimum number of parking spaces required to be provided for the principal use.

   (D)   No special exhibition, show or special event which is scheduled to last more than one day shall be granted a temporary use permit until the Chief of Police, or his/her designee, approves a parking plan submitted by the applicant. The Chief of Police, or his/her designee, shall review the plan to make certain that adequate provision has been made for the safe ingress and egress of vehicles to the site and to and from parking areas, the marking of parking areas and maneuvering lanes and lighting for evening events.

   (E)   Temporary signs and attention-getting devices, which may otherwise be prohibited in Article 6, such as pennants, streamers, balloons, inflatable shapes or vehicle signs, may be authorized with the approval of a temporary use permit. Detailed information regarding the type, number, placement and duration of proposed temporary signs and attention-getting devices must be included with the temporary use permit application, and shall be subject to the following provisions:

      (1)   Temporary signs or attention getting devices must be properly anchored or secured and must be maintained in good condition; and

      (2)   Temporary signs or attention getting devices installed in association with a grand opening event may remain in place for a maximum of 30 days.

   (F)   The Community Development Director may determine that the outdoor special exhibition, show, or special event requires review and approval by the Village Board.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021-09-45, passed 9-20-2021)

   Garage sales shall be permitted in residential zoning districts subject to the following provisions:

   (A)   Number of garage sales per year.

      (1)   A residential property may conduct a maximum of three single-home garage sales per calendar year.

      (2)   A residential property may participate in a maximum of three multi-home garage sales per calendar year.

      (3)   Multi-home and single-home garage sales shall be considered in aggregate.

   (B)   An individual or multi-home garage sale may not exceed four days in duration.

(Ord. 2021-05-15, passed 5-3-2021)

   Portable outdoor storage devices are permitted temporary uses in residential zoning districts, subject to the following provisions:

   (A)   Size. No portable outdoor storage device shall be greater than 20 feet in length, eight feet in width, or eight feet in height.

   (B)   Placement. The temporary portable outdoor storage unit cannot encroach on village property, village right-of-way, the driveway approach, neighboring property, sidewalk, or be placed in the street. The unit must be sited on asphalt, concrete, or hard paved surface between the front property line and the rear building line of the principal structure.

   (C)   Duration. Temporary portable outdoor storage devices may be placed in a residential district for no more than 30 days in any consecutive 12 month period. Extensions beyond the 30 day limit may be granted by the Community Development Director upon receipt of a written request demonstrating justifiable cause.

   (D)   Number of devices. A maximum of two portable outdoor storage devices shall be permitted concurrently per lot.

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   Sales and construction trailers. Trailers shall not be permitted in any district as accessory buildings, except when a permit has been issued by the Community Development Director for a temporary sales or construction office or storage uses incidental to and only for the period of time of construction of a building development; provided, such trailers are located on the same or contiguous lots as the building development.

   (B)   Recreational vehicles. In residential districts, licensed and operable recreational equipment and trailers shall be subject to the following provisions:

      (1)   Shall be located on a driveway (in accordance with § 16-5-4) within 15 feet of the garage or principal building if there is no garage;

      (2)   Shall not encroach on village property, village right-of-way, or neighboring property; and

      (3)   Shall be limited to occasional use of not more than seven days out of a 30 day period as sleeping quarters. No connections or use for living quarters is allowed as set forth below:

         (a)   Connection to sewer;

         (b)   Connection to water for other than filling or maintenance purposes;

         (c)   Cooking with equipment; and

         (d)   Use of sanitation facilities within equipment.

      (4)   Storage, on a seasonal basis, of licensed and operable recreational equipment is permitted in a side yard (not adjoining a street), or a rear yard on a non-paved surface; provided that the landscaping or other surface material is not damaged and ruts are not created or permitted to remain.

   (C)   Disrepair, rehabilitation, or abandonment. Any person who owns or controls automobiles, trailers, or recreational vehicles or equipment of any kind or type in disrepair, rehabilitation, abandonment or otherwise creating a hazard or eyesore shall not be allowed to park or store, or cause or permit to be parked or stored, any such vehicle on any residentially zoned property other than in completely enclosed buildings.

(Ord. 2021-05-15, passed 5-3-2021)

   Temporary outdoor display and sale of merchandise shall be permitted and shall meet the following provisions:

   (A)   General outdoor display/sale of merchandise.

      (1)   Temporary outdoor display or sale of merchandise shall be located on the same zoning lot, and in conjunction with the primary use found on the lot.

      (2)   Temporary outdoor display and sale of merchandise shall occur:

         (a)   On the sidewalk area at the foundation of the primary use, but not within a five-foot wide pedestrian walkway or

         (b)   In a portion of the parking lot proximate to such business, subject to approval by the Community Development Director and provided that no more than 20% of required parking spaces be utilized.

   (B)   Outdoor display and sale of propane tanks. The outdoor display and sale of propane tanks shall be accessory to the principal permitted use on the zoning lot and subject to the following provisions:

      (1)   The propane tank storage facility shall be located immediately adjacent to the principal building or structure, and shall be limited to a maximum of 20 square feet in ground area;

      (2)   The location on site and appearance shall be subject to review and approval by the Community Development Director, or his or her designee, in order to minimize the visual impact of the propane cages from the public right-of-way;

      (3)   The placement of a propane cage on a sidewalk shall comply with the Illinois Accessibility Code;

      (4)   The propane facility shall comply with all applicable codes and regulations as determined by the Community Development Department and the Carol Stream Fire Protection District, and shall require a building permit.

(Ord. 2021-05-15, passed 5-3-2021)

   Massage establishments shall be permitted as a special use and shall meet the following provisions:

   (A)   Massage establishments shall be subject to the regulations of Chapter 10 Article 13 (Massage Establishments) of the Code of Ordinances.

   (B)   A massage establishment operating as a principal use shall be located on the ground floor of the subject building.

   (C)   The public entrance to establishments offering massage therapy in private rooms shall be clearly visible from the street or main public parking area, unless such establishment was licensed prior to the passage of this section.

   (D)   Features of the massage establishment, such as the floor plan, transparency of the front reception area, hours of operation, and staffing levels, which are specifically included in the approved license for the business, shall not be modified without first obtaining prior approval. The Community Development Director shall review such proposed changes, referring the business to a public meeting or public hearing as needed.

(Ord. 2021-09-45, passed 9-20-2021)

   Video gaming cafes are allowed as set forth in § 16-3-11(E) and shall meet the following provisions:

   (A)   Although a permitted use in the B-3 District, a video gaming café may not operate prior to the approval of a Class VC liquor license by the Village Board in compliance with § 11-2-7(Q) of the Village of Carol Stream Code of Ordinances.

   (B)   Alcoholic beverages served at video gaming cafes shall be limited to beer and wine.

   (C)   The interior floor area of any video gaming café must measure a minimum of 1,200 square feet.

   (D)   Table seating capacity in the dining area must be provided for a minimum of 20 persons, and food and beverages must be served to the customer's table by wait staff or servers.

   (E)   The video gaming café must provide a variety of non-alcoholic beverages and a minimum of 20 food items, hot and cold, which shall be made available during all hours of operation.

   (F)   No video gaming café shall be established within 1,500 feet, as measured from the public entrance to the café, to any other Class VC licensed video gaming café.

(Ord. 2022-02-11, passed 2-22-2022; Ord. 2022-09-39, passed 9-6-2022)

   Electric vehicle charging stations shall meet the following provisions:

      (1)   Parking spaces devoted to the charging of electric vehicles shall count toward the minimum number of required off-street parking spaces.

      (2)   Electric vehicle charging station spaces may only be used for parking and charging electric or hybrid vehicles.

      (3)   Electric vehicle charging station spaces shall be identified with signage indicating the intended use of the parking space.

(Ord. 2023-07-32, passed 7-17-2023)