Any use established in the Village of Carol Stream shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, radiation or glare or heat for the district in which such use shall be located; and no use already established on the effective date of this chapter shall be so altered or modified as to conflict with, or further conflict with, applicable performance standards for the district in which such use is located. Failure to comply with such applicable performance standards shall constitute a nuisance.

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

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

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

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

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

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

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

   (A)   General provisions; parking and loading.

      (1)   Scope of regulations. The off-street parking and loading provisions of this chapter shall apply as follows.

         (a)   Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this section for all buildings and structures erected and all uses of land established in each district after the effective date of this chapter. When the intensity of use of any building, structure, or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

         (b)   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions herein.

      (2)   Existing parking and loading facilities. Accessory off-street parking and/or loading facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below the requirements of this chapter for a similar new building or use.

      (3)   Damage or destruction. For any conforming or nonconforming building or use in existence on the effective date of this chapter and which is reconstructed, reestablished or repaired as allowed by this UDO, which subsequently is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off-street parking and loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. The Zoning Board of Appeals may vary the requirement where it would be impossible or economically unfeasible to provide the amount of required parking on or near the site, and where the continuance of the non-conformance will not unduly interfere with adjoining uses. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.

      (4)   Control of off-site parking facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking other than on the same zoning lot until and unless the Zoning Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or buildings. If, for any reason, the parking required by this chapter and provided off-site shall no longer be available and replacement parking is not provided, the owner and occupant of the structure for which parking has been diminished shall reduce the size of the use within one year after the date the parking is lost to make the use conform to the then available parking.

   (B)   Additional regulations; parking. Off-street parking facilities shall be provided in accordance with additional regulations hereinafter set forth.

      (2)   Shared parking facilities.

         (a)   Purpose. Shared parking is encouraged as a means of conserving land resources, reducing stormwater runoff, reducing the heat island effect caused by large paved areas, and improving community appearance.

         (b)   Authorization. Shared parking facilities for off-street parking of two or more buildings or uses may be approved by the Village Board subject to compliance with this section.

         (c)   Location. Shared parking facilities shall be located within 300 linear feet of the primary entrance of the main residential building and within 500 linear feet of the primary entrance of the main nonresidential building.

         (d)   General requirements.

            I.   The number of parking spaces provided shall not be less than the sum of the separate requirements for each such building or use. Where a mix of two or more land uses creates staggered peak periods of parking demand, shared parking agreements that have the effect of reducing the total amount of required parking may be approved.

            II.   Required accessible parking spaces for persons with disabilities may not be shared and shall be located on-site.

            III.   Adjacent lots that are subject to a shared parking agreement shall be interconnected by the provision of a cross-access easement for vehicular and pedestrian passage.

         (e)   Shared parking for uses with different hours of operation.

            I.   For purposes of this section, the following uses are considered daytime uses:

               i.   Office uses;

               ii.   Commercial service uses;

               iii.   Commercial retail uses;

               iv.   Industrial uses;

               v.   Other similar primarily daytime uses, as determined by the Village Board.

            II.   For purposes of this section, the following uses are considered evening or weekend uses:

               i.   Physical health and entertainment uses;

               ii.   Public/semi-public uses;

               iii.   Eating and drinking uses; and

               iv.   Other similar primarily nighttime or weekend uses, as determined by the Village Board.

         (g)   Agreement. The applicant(s) shall provide a copy of the executed shared parking agreement prior to the Village Board's authorization of a shared parking facility permit.

            I.   Shared parking agreements shall have a term of not less than five years, including any renewals at the option of the lessee.

            II.   Authorization of the shared parking facility will continue in effect only as long as the agreement, binding on all parties, remains in force. Should the agreement cease to be in force, parking must be provided as otherwise required by this section.

      (3)   Design and maintenance (See Figure 16-5-2(B)(3)).

         (a)   Open and enclosed parking spaces. Accessory parking spaces may be open to the sky, enclosed or semi-enclosed in a building or structure. Enclosed parking spaces shall have a vertical clearance of at least seven feet.

         (b)   Surfacing. Except as otherwise provided in this UDO, all open parking spaces and access thereto shall be improved with all-weather material, in accordance with specifications approved by the Engineering Services Director.

         (c)   Temporary parking lots. The Village Board may grant approval for the construction of a temporary parking lot. Such temporary parking lot shall be located outside of all required landscape areas and constructed of such material including, but not limited to, gravel, which shall be approved by the Engineering Services Director as providing a firm base to vehicles, and such temporary parking lot shall be adequately drained. A permit to maintain a temporary parking lot shall be granted only under those circumstances which would make the construction of a permanent parking lot an economic hardship upon the applicant. Temporary parking lot permits shall be valid for a maximum of 18 months, and shall not be renewable.

         (d)   Barrier protection. Bollards or other means of protection shall be installed by the developer, business owner, or property owner when deemed necessary by the Community Development Director or Village Board in instances when the relationship between parking spaces and the building or pedestrian facilities requires additional protection.

         (e)   Minimum parking area dimension requirements. Plans for the layout of off-street parking facilities shall be in accordance with the following requirements.

         (f)   Striping. Striping between spaces shall be in the form of a four inch hair-pin/looped line, 16 inches apart, and shall be white or yellow in color.

 

         (f)   Striping. Striping between spaces shall be in the form of a four inch hair-pin/looped line, 16 inches apart.

      (4)   Location of accessory off-street parking facilities. Required parking spaces shall not be located within the public right-of-way. The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served.

         (a)   For uses in residential districts.

            I.   Parking spaces serving multiunit and non-residential uses shall be located on the same zoning lot as the use served.

            II.   Parking spaces serving multiunit uses shall not be located more than 30 feet from a convenient entrance to the building. Parking lots shall be so designed so at least one parking space per dwelling unit is within 150 feet of a building entrance.

            III.   Parking spaces serving multiunit and non-residential uses shall not be located:

               i.   nearer than 40 feet from an adjoining single-unit residential lot, nor

               ii.   less than 20 feet from a street right-of-way line.

               iii.   No on-site roadway or parking lot pavement of any type shall be located within ten feet from a street right-of-way line, except for approved entry drives.

            IV.   No commercial vehicles bearing a class designation other than A or B under the provisions of Illinois State Statutes shall be parked or stored on any residential premises classified as a residential district, except when making a delivery or rendering a service at such premises.

            V.   Unless in compliance with § 16-5-2(B)(4)(a)(IV), no construction equipment or vehicles, or service equipment or vehicles, shall be parked or stored in a residential district, unless such equipment or vehicle is being used for the purpose of construction, alteration, excavation, service or repair of a property within a residential district. In the event that such equipment or vehicle is not being used in the construction, alteration, excavation, service or repair of property in a residential district, such equipment or vehicle shall not be parked or stored overnight unless it is parked or stored at least 500 feet from an occupied residence. Maintenance equipment may be stored in a garage in multiunit properties. Equipment and/or materials used solely for on-site snow plowing may be stored on the premises where such equipment and/or materials will be used during the period from November 1 through March 31 each season.

         (b)   For uses in non-residential districts.

            I.   All required parking spaces shall be located within 500 feet of the use served. However, no parking spaces accessory to a use in a business district shall be located in a residential district, except that private, free, off-street parking accessory to business district uses and municipal parking lots may be allowed by special use permit in accordance with Article 16-8, within 200 feet of the site served and adjacent to any business district.

            II.   Parking spaces shall not be located:

               i.   nearer than 40 feet from an adjoining lot in a residence district, nor

               ii.   less than 20 feet from a street right-of-way line.

               iii.   No on-site roadway or parking lot pavement of any type shall be located within ten feet of a street right-of-way line, except for approved entry drives.

            III.   Landbanking of required parking spaces as greenspace may be permitted when approved as a variation, provided the owner of the property demonstrates through employee counts that the total number of parking spaces required using the square footage parking requirements outlined herein are not necessary and there is sufficient usable land area available on the subject property to provide the required parking spaces if deemed necessary by the village in the future.

            IV.   Equipment and/or materials used solely for on-site snow plowing, which may include covered salt or de-icing material, may be stored on the premises where such equipment and/or materials will be used during the period from November 1 through March 31 each season.

   (C)   Schedule of parking requirements. The requirements listed in Table 16-5-2 (C) shall be the minimum requirement for off-street parking spaces for the associated use(s). In making determination of required parking, the Community Development Director shall consider the component parts of the development including varying standards for individual uses. Speculative industrial buildings shall provide parking in accordance with the ratio for general office uses for a minimum of 5% of the net floor area of the building. Unless otherwise approved by the Community Development Director, the maximum permitted number of accessory off-street parking spaces shall be an additional 20% beyond the minimum requirement. Unless otherwise indicated, the number of required off-street parking spaces shall be determined by the net floor area of the use. The net floor area shall be the sum of the net horizontal floor area of the several floors of a building as measured from the exterior faces of the exterior walls.

      (1)   The net floor area of a building shall include:

         (a)   Basements, when used for other than storage;

         (b)   Penthouse, excluding mechanical penthouses;

         (c)   Attic space having headroom of seven feet six inches or more;

         (d)   Interior balconies and mezzanines;

         (e)   Enclosed porches; and

         (f)   Floor area devoted to warehouse storage areas.

      (2)   The net floor area (NFA) of a building shall not include:

         (a)   Floor space occupied by mechanical, telephone and electrical equipment, including mechanical penthouses, coolers, freezers and refrigeration units, and similar equipment;

         (b)   Stairwells, escalators and elevator shafts;

         (c)   Storage areas, not to include warehouses;

         (d)   Attic space having headroom of less than seven feet six inches;

         (e)   Public/private restrooms;

         (f)   Interior off-street parking and loading;

         (g)   Basements, or portions thereof used for storage;

         (h)   Conference rooms;

         (i)   Lunchrooms;

         (j)   Entrance lobbies; and

         (k)   Interior covered common areas designed primarily for pedestrian circulation.

 

   (D)   Pedestrian circulation standards.

      (1)   Off-street parking areas shall include pedestrian circulation systems to ensure the safety of pedestrians, bicyclists, and motorists.

      (2)   The on-site pedestrian circulation system must connect all buildings on the site to one another and provide connections to required vehicle and bicycle parking spaces.

      (3)   The on-site pedestrian circulation system must connect building entrances to adjacent public rights-of-way along direct routes that do not require significant out-of-direction travel if sidewalks or pedestrian paths exist along the public right-of-way.

      (4)   The on-site pedestrian circulation system shall provide at least one connection to adjacent properties along a shared street frontage. Connections must provide access to existing walkways on adjacent properties, or to the likely future location of walkways on those properties. The Director of Engineering Services may waive this requirement upon determining that no walkway exists, a future walkway is unlikely to exist, or such connection would create a safety hazard.

   (E)   Bicycle parking requirements.

      (1)   Purpose. This section is established to ensure the provision of bicycle parking facilities in furtherance of a safe, complete, and efficient network of streets, bicycle-pedestrian facilities and other infrastructure to serve users in any surface transportation mode.

      (2)   Location.

         (a)   Required bicycle parking shall be provided on the same lot as the use for which it is intended to serve.

         (b)   Bicycle racks shall be located such that they are highly visible, with adequate lighting, from the street and/or building entrance(s) from where bicyclists approach.

         (c)   The location of bicycle parking shall not conflict with pedestrian and/or motor vehicle circulation.

         (d)   Bicycle parking shall be sited within 50 feet of a building's main entrance. If provided indoors, bicycle parking shall be located within a common area designated for secure bicycle storage.

         (e)   Bicycle parking adjacent to a pedestrian walkway shall be sited to ensure that a minimum five foot walkway clearance is maintained.

      (3)   Design criteria.

         (a)   Bicycle parking facilities shall be of high quality.

         (b)   Bicycle racks shall be installed on a hard surface area. The hard surface surrounding each bicycle rack shall measure at least six feet by six feet in size.

         (c)   Each bicycle rack shall provide parking for at least two bicycles.

         (d)   Racks shall allow for the bicycle frame and at least one wheel to be locked to the racks.

         (e)   The bicycle rack shall allow for the use of cable and U-shaped locks.

         (f)   Installation of bicycle parking facilities shall conform to the manufacturer's requirements.

      (4)   Dimensional standards. (See Figure 16-5-2(E)(4))

         (a)   Each bicycle parking space shall be a minimum six feet in length.

         (b)   Each bicycle parking space shall be located at least three feet in all directions from any obstruction, including but not limited to other bicycle racks, walls, doors, posts, columns, or landscaping.

         (c)   A minimum vertical clearance of seven feet shall be maintained above all bicycle parking facilities.

      (5)   Required bicycle parking.

         (a)   Exemption. The bicycle parking requirements of this section shall apply to all uses other than the following:

            I.   Single-unit detached uses;

            II.   Single-unit attached uses;

            III.   Any auto-oriented business use;

         (b)   When the required amount of bicycle parking is two spaces or less, the use shall provide a minimum of two spaces in a bicycle parking facility.

         (c)   Unless otherwise specified herein, bicycle parking shall be provided at the ratio specified in Table 16-5-2(E): Bicycle Parking Requirements.

 

 

   (F)   Off-street loading requirements. On the same premises with every building erected and occupied for any nonresidential use involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained adequate space for standing, turning, loading, and unloading services in a manner that does not interfere with required parking, pedestrian walkways, and with the public use of streets and alleys.

      (1)   Location.

         (a)   All required loading berths shall be located on the same zoning lot as the use served.

         (b)   No loading berth for vehicles over two tons capacity shall be located closer than 50 feet to any property in a residential district unless completely enclosed by building walls or a uniformly painted solid fence or wall, or any combination thereof, not less than six feet high.

         (c)   No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any two streets.

         (d)   All loading and unloading docks where the public access road to such docks has a right-of-way width of less than 80 feet shall be located at least 65 feet behind the property line.

         (e)   No loading or unloading docks shall be located in any front yard or exterior side yard where that street has a right-of-way width of 80 feet or greater.

      (2)   Access.

         (a)   Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or easement in a manner which will least interfere with traffic movements.

         (b)   Every loading berth shall be provided with sufficient maneuvering space to accommodate the largest vehicle likely to serve the lot.

         (c)   The loading berth access design for lots located on major streets shall allow vehicles to access and exit the loading space without having to make any backing movement on or onto the public street.

         (d)   For the purposes of this section of the UDOe, major streets are as follows:

            I.   Army Trail Road

            II.   Kuhn Road

            III.   County Farm Road

            IV.   Lies Road

            V.   Fair Oaks Road

            VI.   Morton Road

            VII.   Fullerton Avenue

            VIII.   North Avenue

            IX.   Gary Avenue

            X.   Schmale Road

            XI.   Kehoe Boulevard

            XII.   St. Charles Road

            XIII.   Kimberly Drive

      (3)   Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the requirements for any off-street parking space.

(Ord. 2021-05-16, passed 5-3-2021 ;Ord. 2021-09-45, passed 9-20-2021; 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. 2023-03-08, passed 3-20-2023; Ord. 2024-06-30, passed 6-3-2024; Ord. 2025-03-10, passed 3-17-2025; Ord. 2025-08-31, passed 8-4- 2025)

   (A)   Lighting of off-street areas.

      (1)   Purpose: The purpose of the outdoor lighting standards is:

         (a)   To provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

         (b)   To protect pedestrians, cyclists and motorists from the excessive illumination of non- vehicular light sources.

         (c)   To reduce the distribution of stray light upon neighboring properties and protect neighbors, the environment and the night sky from nuisance illumination and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.

         (d)   To promote conservation of energy through energy-efficient lighting design and operation.

         (e)   To protect and retain the intended visual character of the various venues of the village and to maintain and improve nighttime aesthetics, including preservation of the night sky.

      (2)   Applicability: All properties shall comply with the provisions of this section; however, the requirement to install lighting for parking lots serving the public at educational and religious institutions or public agencies may be waived by the Engineering Services Director, upon receipt of a written request demonstrating justifiable cause.

      (3)   Conformance: Any existing luminaire or lighting installation used for outdoor lighting in any zoning district on the effective date of this chapter that does not comply with the requirements of this section shall be considered a nonconforming use. Existing nonconforming luminaires or light installations legally installed and operative before the effective date of this chapter are exempt from compliance with the requirements of this section, unless such fixtures are deemed a safety hazard by the Community Development Director or his/her designee.

      (4)   Illumination standards:

         (a)   Light intensity and uniformity. Outdoor lighting on any pavement shall meet the requirements of Table 16-5-3(A)(4)(a) for light level as measured in the plane of the illuminated surface. Maximum to minimum light levels shall not exceed 1:15.

 

 

         (b)   Light spillage. Except for street lighting, light emitted from outdoor lighting on any zoning lot shall not cause the light level along any property line, as measured at the height of five feet above grade in a plane at any angle of inclination to exceed the following limits:

 

 

         (c)   Installation height.

 

 

         (d)   Prohibited lighting. The following outdoor lighting applications are prohibited in all districts:

            I.   Lighting that could be confused for a traffic control device.

            II.   Laser source lights or any similar high-intensity light except for those used in emergencies by police or fire personnel.

            III.   Blinking, flashing, moving, scintillating, flickering, changing intensity and changing colors light fixtures not otherwise permitted by this UDO.

            IV.   Any lighting fixture or device that is operated in such a manner as to constitute a hazard, nuisance or danger to persons or to safe vehicular operation, as determined by the Director of Community Development or his/her assigned designee.

         (e)   Exempt outdoor lighting.

            I.   All lighting required by federal, state, county or municipal agencies.

            II.   Temporary seasonal displays, using multiple low wattage bulbs (approximately 15 lumens or less), provided they do not constitute a fire hazard, create a nuisance, and are maintained in a safe condition.

            III.   Portable lighting temporarily used for maintenance or repair that is not deemed by the village to create a hazard or nuisance.

            IV.   Lighting approved by the village for temporary events such as carnivals, gala, picnics, fairs, etc. or through temporary use permits.

            V.   Emergency lighting used by police, fire-fighting, emergency management or medical personnel at their discretion as long as the emergency exists.

            VI.   Temporary lighting required for road construction or other public improvements.

            VII.   Lighting for schools, parks and playing fields.

         (f)   Lighting system design. Energy-efficient lighting and operation shall be considered in the design of a lighting system. The preferred lighting source is light emitting diodes (LED). It is encouraged that lighting fixtures are chosen and installed in a manner in which they minimize light pollution and glare to keep the nighttime skies dark.

      (5)   Procedures.

         (a)   Plan submission. For subdivision and land-improvement permit applications where outdoor lighting is required or proposed, all lighting plans, lighting installations or other requests for approval of lighting fixtures pursuant to this section shall be submitted in duplicate, in writing to, and a permit shall be obtained from, the Director of Engineering Services or his/her designative representative prior to installation. Plans or written requests shall include but not be limited to:

            I.   A site plan complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and all adjacent uses. The site plan shall show, by location, and identify each existing and proposed luminaire and shall specify its installed height, pole foundation details, and mounting methods.

            II.   Iso-footcandle plots for individual lighting installations, or ten feet by ten feet illuminance grid plots for multi-fixture lighting installations, which demonstrate compliance with all applicable requirements, set forth within this chapter. The plots shall indicate the location of each existing and proposed luminaire, the installed height of said luminaires, and the overall light levels in footcandles on the entire paved surface and at the property lines.

            III.   A summary table identifying the average, maximum and minimum light levels for all paved areas. The table shall also include the maximum lighting level at the property line.

            IV.   A description of each luminaire identified in the site plan, including the manufacturer, model number, a photograph or catalog cut, photometric data verifying any compliance requirements specified within this chapter, light output in initial lumens, shielding or illumination reduction devices, lamp type, and on/off control devices.

   (B)   Street lighting.

      (1)   Street lighting required. Street lighting shall be installed by the developer of all developments, regardless of size, within the corporate limits or planning jurisdiction of the village for the illumination of all roadways within dedicated rights-of-way or along private roadways required to serve the development. The street light system consists of the poles, mast arms, luminaires, wires and all other materials and work necessary to complete the street lighting installation.

      (2)   Design standards and specifications. All required street lighting and appurtenances shall be designed, installed and located in accordance with the Manual of Design Standards and Construction Specifications of the Engineering Services Department.

   (C)   Lighting for residential uses.

      (1)   Luminaire location. All privately owned luminaires must be erected only on the private property intended to be illuminated.

      (2)   Light direction. Light from luminaires on residential property shall be directed in such a manner as to limit light spillage off of the lot upon which they are installed so as to reduce the impact on neighboring properties.

      (3)   Maximum light intensity. All luminaires shall not emit light resulting in greater than 0.1 foot candles measured at the property line at a height of five feet above grade in a plane at any angle of inclination.

      (4)   Light color temperature. All luminaires shall be under 4,000 Kelvin.

      (5)   Shut-off controls. Automatic shut-off controls are encouraged to conserve energy and minimize non-essential light.

      (6)   Maximum building luminaire height. A luminaire attached to the house may not be installed higher than the roof line.

      (7)   Maximum yard light pole height. A luminaire may not be installed on a pole which is higher than eight feet from the established grade.

      (8)   Maximum recreational light pole height. A luminaire installed on a pole may be erected up to 18 feet from the established grade, but not higher than the building height of the residential dwelling, provided it is installed in conjunction with an outdoor recreational amenity requiring illumination, including, but not limited to, tennis courts and basketball courts. Recreational light pole luminaires must be designed to shield and direct all light onto the recreational amenity. Any luminaire used to illuminate a recreational amenity may only be used during active use of the recreational amenity.

      (9)   Recreational light pole illumination hours. Recreational light poles shall not be lit between 10 p.m. and 7 a.m.

      (10)   Right-of-way illumination. To promote safety in the ordinary and intended use of rights-of-way these regulations shall not apply to any luminaires owned and operated by a state or local highway authority for the purpose of illuminating the right-of-way.

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

   (A)   Criteria for single-unit residential driveways. A driveway (improved with a hard-surfaced, all weather, dustless material) from the property line to legal, on-site parking shall be provided. Driveways shall not be included in the calculation of lot coverage. The location and width of the driveway shall be in conformance with the following criteria.

      (1)   Limit of one. No more than one driveway and one curb cut shall be permitted for each single-unit residential lot, except in the case of a circular driveway in conformance with the standards and requirements as provided herein.

      (2)   Configuration. The driveway shall be essentially perpendicular to the street pavement and the principal structure to the extent possible, shall lead to legal parking such as a garage, carport or parking pad, and shall not extend across the front of the principal structure by more than three feet. The driveway may widen from the width at the property line as specified in § 16-5-4(A)(4) below to the maximum allowable width as specified below; provided, it does not widen at a rate greater than one foot of width for each one foot of length.

         (a)   For a property improved with a home having a one car wide garage, or a home that originally was built with a one car wide garage and for which home the garage has been converted to living space, or for a home with no attached garage, the driveway may widen to a maximum width of 20 feet, subject to all other design criteria in this section.

         (b)   For a property improved with a home having a two car wide garage or a home that was originally built with a two car garage, and for which home the garage has been converted to living space, the driveway may widen to a maximum width of 30 feet, subject to all other design criteria in this section.

      (3)   Location. The driveway shall be set back a minimum of one foot from any side property line.

      (4)   Width at the property line. Driveway width shall not exceed requirements as set forth herein.

         (a)   Leading to one or two parking spaces or a one- or two-car garage, or a combination of a parking space and a one-car garage, the maximum driveway width is 20 feet.

         (b)   Leading to three parking spaces or a three-car garage, or a combination of a parking space and a two-car garage, the maximum driveway width is 30 feet; provided, the width of the lot is no less than 80 feet, as measured at the building line. Leading to greater than three parking spaces or greater than a three-car garage, the maximum width is 30 feet, as measured at the property line; provided, the width of the lot is no less than 80 feet, as measured at the building line. The driveway may widen to the combined width of the parking spaces and garage, even if greater than 30 feet, provided it does not widen at a rate greater than one foot of width for each one foot of length.

      (5)   Driveway approaches. Driveway approaches shall be regulated by Manual of Design Standards and Construction Specifications of the Engineering Services Department.

      (6)   Parking pad. (See Figure 16-5-4(A)(6))

         (a)   Limit of one. A single-unit residential driveway may be extended beyond the front elevation of the garage to include a parking pad.

         (b)   Configuration. The parking pad shall have a maximum length of 20 feet, as measured from the front facade line of the garage.

         (c)   Location. The parking pad shall be set back a minimum of one foot from any side property line.

         (d)   Lot coverage. A parking pad shall count toward lot coverage.

      (7)   Circular driveways.

         (a)   Location. A lot having a width of 90 feet or more, measured at the front lot line, and in which the circular driveway is to be located, may have a circular driveway with two curb cuts located in the front yard.

         (b)   Driveway width. The access driveway leading most directly to the garage or parking area shall not exceed 20 feet in width, and the secondary access driveway shall not exceed ten feet in width, measured at the property line.

   (B)   Criteria for multifamily and nonresidential driveways. A driveway (improved with a hard-surfaced, all weather, dustless material) from the property line to legal, on-site parking shall be provided. The driveway shall be a maximum width of 24 feet, unless otherwise approved by the Engineering Services Director. One way driveways shall be a minimum width of 20 feet. Two way driveways shall be a minimum width of 24 feet.

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

   Fire lanes shall be provided as required by the village's adopted Fire Code.

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

   (A)   Planting types. (See Figure 16-5-6(A))

      (1)   Canopy trees: A hard wood plant having not less than a two and one-half inch caliper which reaches a mature height of not less than 20 feet and a mature spread of not less than 15 feet.

      (2)   Ornamental trees: A hard wood plant having not less than a one and one-half inch caliper and normally reaches a mature height of at least 15 feet and usually has one main stem or trunk and many branches. Several species may appear to have several stems or trunks.

      (3)   Evergreen trees: A tree having foliage that persists and remains green throughout the year and has a height of not less than six feet at installation and maturing to a height of not less than 20 feet.

      (4)   Shrub: A perennial plant (deciduous or evergreen) of low to medium height characterized by multiple stems and branches continuous from its base and having a height of not less than two feet and normally maturing to a height of not more than five feet.

      (5)   Ground cover: Plants, other than turf grass, normally reaching an average maximum height of not more than 18 inches at maturity.

         (a)   Native vegetation: Grasses and forbs that are native to, or adapted to, the State of Illinois, and that are commonly found in meadow and prairie plant communities, not including noxious weeds.

   (B)   Required on-site landscape areas. (See Figure 16-5-6(B)) Landscape improvements required by this section shall apply to all non-single unit development and consist of living plants in a combination of trees, shrubs, and/or ground cover. Unless otherwise stated in this section, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at 12 inches above the ground level. Any plant materials used to meet the requirements of this section shall not include any plant material included in the Illinois Noxious Weed Law (505 ILCS 100) or generally considered to be an invasive species within the Chicago Metropolitan Area. The Morton Arboretum's Northern Illinois Tree Species List is the village's recommended species list. The following graphic illustrates the location of the landscape and screening requirements detailed in this section.

      (1)   Parking lot perimeter area. (See Figure 16-5-6(B)(1)) All parking lots shall include landscape improvements located on the perimeter of parking areas as required by this section. Landscape improvements required by this section shall be in addition to landscape improvements required under other sections of this chapter. It is the objective of this section to provide screening between parking areas and street right-of-way.

         (a)   Applicability. The parking lot perimeter landscape regulations of this section apply to the following:

            I.   The construction of any new surface parking lot or vehicular use area that is adjacent to street right-of-way; and

            II.   The expansion of any existing surface parking lot or vehicular use area that is adjacent to street right-of-way.

         (b)   Exemptions. Installation of parking lot perimeter landscape is not required when the parking lot or vehicular use area is not visible from adjacent street right-of-way.

         (c)   Requirements. Perimeter landscape is required for all parking lots and shall be established along the edge of the parking lot with a minimum depth of seven feet as measured from the back of curb, to accommodate vehicle bumper overhang and ensure planting areas that are adequate in size.

            I.   The landscape improvement shall run the full length of the parking lot and shall be located between the property line and the edge of the parking lot. Landscaped areas outside of shrub, native vegetation, and tree masses shall be planted in live groundcover. The landscaped area shall be improved as follows:

               i.   One shrub or native grass the height of which shall not be less than three feet nor greater than four feet, shall be planted for every three feet of landscape area length, spaced linearly to adequately screen vehicle bumpers (ideally creating a solid hedge row).

               ii.   Alternatively, a low pedestrian wall or fence the height of which provides effective screening to a maximum height of three feet may be used in conjunction with required landscaping. Plant materials shall be installed between the sidewalk and the fence or wall to provide a softening effect.

      (2)   Parking lot interior area. (See Figure 16-5-6(B)(2)) All parking lots shall include landscape and trees located within the parking area as required by this section. Trees and landscape required by this section shall be in addition to trees and landscape required under other sections of this chapter. It is the objective of this section to provide shade within parking areas, break up large expanses of parking lot pavement, and provide a safe pedestrian environment.

         (a)   Applicability. The parking lot interior landscape regulations of this section apply to the following:

            I.   The construction of any new surface parking lot containing ten or more parking spaces; and

            II.   The expansion of any existing surface parking lot if the expansion would result in ten or more new parking spaces, in which case the requirements of this section apply only to the expanded area.

         (b)   Requirements. For parking lots consisting of 15 or more spaces, interior parking lot landscape shall be required. For parking lots consisting of fewer than 15 spaces, all rows of parking shall be terminated by a parking lot island or landscape area.

         (c)   Amount. One parking lot island shall be provided between every 15 parking spaces. Parking lot island locations may be varied based on specific site requirements or design scheme, but the total number of islands shall be no less than the amount required one island for every 15 spaces. However, all rows of parking spaces shall be terminated by a parking lot island or landscape area.

         (d)   Size and planting of parking lot islands. Parking lot islands shall be the same dimension as the parking stall. Double rows of parking shall provide parking lot islands that are the same dimension as the double row. A minimum of one canopy tree shall be provided for every parking lot island or landscaped area. If the island extends the width of a double row, then two canopy trees shall be provided.

         (e)   Design of planting areas. Parking lot islands or landscape areas shall be at least 144 square feet in area and at least six inches above the surface of the parking lot and protected with concrete curbing, except where designed as part of a post-construction best management practice. Such islands and landscape areas shall be properly drained and irrigated as appropriate to the site conditions to ensure survivability, except where designed as part of a post-construction best management practice.

         (f)   Type of landscape material. Canopy trees shall be the primary plant materials used in parking lot islands and landscaped areas. Ornamental trees, evergreen trees, shrubs, native grasses, groundcover, and other plant materials may be used to supplement the canopy tree plantings but shall not create visibility concerns for automobiles and pedestrians.

         (g)   Groundcover. A minimum of 75% of every parking lot island shall be planted in groundcover.

      (3)   Building foundation area. (See Figure 16-5-6(B)(3)) All multiunit residential, non-residential, or mixed use development, with the exception of food processing facilities, shall include landscape located at the building foundation as required by this section. Landscape required by this section shall be in addition to landscape required under other sections of this chapter. It is the objective of this section to provide a softening effect at the base of buildings.

         (a)   A multiunit residential, non-residential, or mixed use development is required to maintain a building foundation area at the front and exterior side yards of five feet at a minimum.

         (b)   Foundation plantings shall be designed to supplement buffer yard plantings to frame important views, while visually softening long expanses of walls. Foundation plantings shall correspond to the windows and materials of the building.

         (c)   Foundation plantings shall be installed across 80% of the length of the facade of the building, except where walkways and driveways are located.

         (d)   A minimum four foot-wide hedge row shall be planted with one shrub or native grass every three feet on center, spaced linearly. Foundation plantings may also include trees, additional shrubs and native grasses, and groundcover.

      (4)   Transition area. (See Figure 16-5-6(B)(4)(b)) Transition area landscape shall be required along interior property lines of all multiunit residential, non-residential, or mixed use development. It is not expected that the transition area will totally screen such uses but rather minimize land use conflicts and enhance aesthetics over time as landscaping matures. Landscape required by this section shall be in addition to landscape required under other sections of this chapter. It is the objective of the transition area to minimize possible conflicts between land uses.

         (a)   Applicability.

            I.   The construction or installation of any new primary building or primary use; and

            II.   The expansion of any existing primary building or primary use that results in an increase in gross floor area or site area improvements by more than 5% or 1,000 square feet, whichever is greater. In the case of expansions that trigger compliance with transition area requirements, transition area landscaping is required only in proportion to the degree of expansion. The Community Development Director is authorized to allow the transition area to be established adjacent to the area of expansion or to disperse transition area landscaping along the entire site transition area.

            III.   Primary buildings or uses in the B-1 District shall not be required to install transition area landscape along interior side yards except for those that abut a lot not zoned in the B-1 District.

         (b)   Transition area types. Four transition area types are established in recognition of the different contexts that may exist, as shown in Table 16-5-5(B)(4)(b). Transition yards may include a combination of elements including setback distances for separation, planting types, solid fencing, groundcover, and turf.

 

         (c)   Application of transition area types. Transition areas shall be provided based on the table below, except where adjacent uses are of a similar nature, scale, and intensity. As per Table 16-5-5(B)(4)(c), the type of required transition yard is dependent upon the land use type of the subject lot and the land use type of the adjacent lot(s).

 

   (C)   Required right-of-way landscape area.

      (1)   All unpaved areas within the street right-of-way shall be seeded or sodded. A developer shall be required to plant a minimum of one canopy tree per every 40 feet of lineal lot frontage within the village parkway adjacent to the subject lot. Required trees shall be planted in accordance with the standards set forth in the Village's Urban Forestry Management Plan and as approved by the Public Works Director.

   (D)   Species diversity requirements.

      (1)   A minimum of 50% of the landscape elements utilized on a lot that is less than one-half acre shall be drought and salt tolerant species.

      (2)   A minimum of 60% of the landscape elements utilized on a lot that is between one-half and five acres shall be drought and salt tolerant species. Total landscape elements, excluding turf, shall not be comprised of more than 30% of any single species, 50% of any genus, nor 70% of any family.

      (3)   A minimum of 75% of the landscape elements utilized on a lot that is greater than five acres shall be drought and salt tolerant species. Total landscape elements, excluding turf, shall not be comprised of more than 5% of any single species, 10% of any genus, nor 20% of any family.

   (E)   Tree preservation. Preservation of existing quality plant material within a new development or redevelopment site is encouraged. Such preserved plant material can fulfill a portion of the landscape requirements set forth herein. Should the developer propose to maintain existing high-quality landscape materials to count toward satisfying certain landscape requirements of the UDO, the Community Development Director may, upon receipt of a landscape preservation plan, waive certain landscape requirements if mature, high-quality plant material on a lot are proposed to be preserved. If, upon inspection at the conclusion of the development, any plant material identified for preservation has been removed, damaged, or is otherwise in declining condition, that plant material must be replaced.

   (F)   Installation and maintenance of landscape areas.

      (1)   Immediately upon planting, all landscape shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc., as revised from time to time.

      (2)   A guaranty, in the form of a letter of credit or performance bond, approved by the Village Attorney and the Community Development Director, or a cash deposit made with the Village Treasurer for 20% of the total cost estimate of landscaping for the construction in January 1 dollars for the current year, shall be provided by the applicant for all required landscape improvements. Such guaranty shall be executed before building permits are issued. The 20% landscaping deposit will be held in escrow for a period of 18 months past the time of planting and will be refunded on approval of the village, unless extended by the village per § 16-8-4(O)(10)(c).

      (3)   Dead plant materials shall be replaced within 60 days upon notification from the village, taking into consideration the season of the year, and shall be of the same quantity and quality as initially approved. If the particular project is constructed in more than one phase, the 60-day timeframe shall apply to each individual phase.

      (4)   All landscape areas shall be maintained in a healthy and weed-free condition. The ground surface of landscape areas shall be covered with regularly maintained turf or other types of pervious groundcover or mulch.

      (5)   Any required landscaped area, greater than 150 square feet in area, shall be provided with an underground irrigation system or be provided with a portable water supply within 50 feet of said landscaped areas and no irrigation system shall be required for native plantings associated with stormwater management facilities. No part of an irrigation system may be installed in village right-of-way.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2022-05-21, passed 5-2-2022; Ord. 2023-07-32, passed 7-17-2023; Ord. 2025-08-31, passed 8-4- 2025)

   (A)   Trash and recycling receptacles. The following requirements shall apply to all multiunit residential, non-residential, and mixed use development.

      (1)   Trash and recycling receptacles shall be screened on three sides with a solid, opaque material with a minimum height of six feet and a maximum height of eight feet. The use of materials that are not solid, such as slats in chain-link, shall only be used in the Industrial District.

      (2)   Materials used for screening shall complement the architecture of the primary structure.

      (3)   Materials and elevations for enclosures that are attached to buildings shall be integrated into the primary structure.

      (4)   Enclosures attached to buildings shall comply with applicable fire and building codes.

      (5)   Enclosure openings shall be gated with an opaque material.

      (6)   Enclosure openings shall be kept closed at all times except for when the receptacle is being accessed by a service truck or person authorized to place refuse in the enclosure.

      (7)   Property owners shall be responsible for ensuring that trash and recycling receptacles are placed in the enclosure at all times other than when it is being emptied by a service truck.

      (8)   Access drives shall be constructed of material and thickness to accommodate truck loading. Year-round accessibility to the enclosure area for service trucks shall be maintained by the property owner or tenant.

      (9)   Enclosures shall be of an adequate size to accommodate the expected number of containers. It is recommended that the enclosure be designed to be expandable to accommodate additional containers in the future.

      (10)   Enclosure structures shall be designed to protect the walls from damage by containers. Such protection may be provided by use of barrier curbing, reinforced masonry walls, bollards, or other similar means.

      (11)   Trash and recycling receptacle enclosures shall not occupy required parking spaces.

   (B)   Service yards, loading docks, and truck-parking areas. The following requirements shall apply to all multiunit residential, commercial, and mixed use development and shall be equally effective throughout the year.

      (1)   Service yards, loading docks, and truck-parking areas that are visible from any public right of adjacent residential property shall be completely screened from public view.

      (2)   Materials used for screening shall be opaque masonry walls, wood or wood composite board on board fence, landscape hedging, berming, or a combination thereof.

      (3)   The height of screening materials shall not exceed eight feet with the exception of landscape materials.

   (C)   Ground and wall mounted mechanical units and process equipment. (See Figure 16-5-7(C)) The following requirements shall apply to all ground-mounted mechanical units, including but not limited to generators, air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, storage silos, tanks etc., and any related utility structures and equipment.

      (1)   Locating mechanical units within the principal building is strongly encouraged in order to minimize exterior visual impacts. Ground/wall mounted mechanical units and process equipment are prohibited within the front or exterior side yard, regardless of whether screening is provided, unless operationally necessary and approved by the Community Development Director.

      (2)   Ground/wall mounted mechanical units and process equipment that are visible from any public right-of-way or adjacent residential property shall be screened from public view.

      (3)   Materials used for screening shall be designed to be architecturally integrated with the building and established so that the area or element being screened is no more than 20% visible through the screen.

      (4)   Chain-link fence or slats in chain-link fence shall not be used to meet this requirement.

   (D)   Roof mounted mechanical units. (See Figure 16-5-7(D)) The following requirements shall apply to all roof mounted mechanical units, including but not limited to air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment which service multiunit residential, non-residential, or mixed use developments.

      (1)   Locating mechanical units within the principal building is strongly encouraged in order to minimize exterior visual impacts.

      (2)   Roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be completely screened from public view.

      (3)   Materials used for screening shall be architecturally integrated with the building in the form of a parapet wall and shall be continuous, permanent, and sound attenuating.

      (4)   Screening shall be required when new equipment is installed and shall be provided around both new and existing roof mounted mechanical units in order to provide visual continuity. Normal maintenance of roof mounted mechanical units shall not trigger the screening requirements.

      (5)   Additional screening may be required due to topographic differences in the adjoining properties.

   (E)   Drive through. (See Figure 16-5-7(E)) The following requirements shall apply to all drive throughs regardless of the use to which it is accessory.

      (1)   Drive aisles of drive throughs must be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties to minimize the impact of exterior site lighting, headlight glare and any menu intercom displays.

      (2)   Screening must be approved during the special use permitting process, shall be a minimum of six feet in width, and must consist of:

         (a)   An opaque masonry wall or solid fence of high quality material and design with a minimum height of four feet and a maximum height of six feet; and

         (b)   Shrubs or native grasses installed every three feet along the exterior of the wall or fence to provide a softening effect.

   (F)   Above-ground service facilities. The following requirements shall govern the landscaping surrounding above-ground service facilities.

      (1)   A service facility shall be landscaped/screened with a variety of plant materials that effectively screen the view of the service facility from adjacent property and public rights-of-way on a year-round basis. In some cases, such as a service facility sited on a wooded lot, natural growth around the property perimeter may be a sufficient buffer. Appropriate care and maintenance of plant material shall be provided to keep such growth alive and in good condition. Diseased or dead plant material shall be replaced. All trees shall be maintained until established. All trees not in a vigorous growing condition after one growing season shall be replaced at the beginning of the next planting season.

      (2)   In locations where the visual impact of the service facility would be and is likely to remain minimal for the foreseeable future, the landscaping requirement may be reduced or waived.

      (3)    The property owner and the service entity shall be jointly and severally liable for the landscaping and screening obligations set forth in this section.

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

   (A)   Purpose. The purpose of a fence is to provide privacy, security, weather control, aesthetic appearance, boundary definitions, utility (snow fences) and the like for residential, commercial, industrial, public and semi-public land uses within the corporate area of the village.

   (B)   Permit required to erect or alter fence. Unless otherwise provided, no fence or dog run shall be erected or altered until a permit has been secured from the village by the person desiring to erect or alter the fence or dog run as detailed in Article 8. A permit shall be required for alterations to an existing fence if the alteration impacts 25% or more of the fence sections or posts.

   (C)   General provisions.

      (1)   Location. All fences permitted in this section shall be located:

         (a)   Wholly within property lines;

         (b)   A minimum of one foot from any public sidewalk;

         (c)   A minimum of ten feet from the curb;

         (d)   Outside of a sight triangle;

         (e)   A minimum of 18 inches from an underground utility access structure; drainage structure; telephone, electric, cable television or gas pedestal or in any manner that would interfere with the maintenance for these utilities;

         (f)   In a manner which does not block access to underground utility access structures or fire hydrants;

         (g)   A minimum of two inches above finished grade if located in a drainage swale or a drainage easement; and

         (h)   In a manner which does not inhibit the function of storm drainage structures.

      (2)   Construction standards. Fences shall be designed and constructed to resist a horizontal wind pressure of not less than 35 pounds per square foot, in addition to all other forces to which they may be subjected. Fences that are leaning at an angle of 15 degrees or greater when measured from vertical are considered dangerous and shall be unlawful.

      (3)   Maintenance. Fences shall be maintained in accordance with the adopted Property Maintenance Code of the village. Replacement of up to 25% of the fence shall be permitted without a permit.

   (D)   Fences on lots with residential or institutional uses. (See Figure 16-5-8(D)) Fences on lots with single-unit detached or single-unit attached uses shall meet the requirements for each fence area as illustrated in Figure 16-5-8 (D) below. Barbed wire, razor wire, or makeshift materials such as plywood shall be prohibited on lots with single-unit detached or single-unit attached uses. All fences shall be erected so that the posts and all other supporting members face inward toward the owner's property. The Community Development Director may waive any regulations to fences for institutional uses in order to protect public safety and welfare.

      (1)   Fences in front yards.

         (a)   Height. The maximum height of a fence in front yards shall be three feet.

         (b)   Extension. Fences in front yards shall not extend more than one-third of the length of any street frontage.

         (c)   Materials. Fences in front yards shall be of non-sight barrier construction and have a minimum opacity of 50%. Fence materials utilized in front yards shall complement fence materials utilized in other yards. Permitted fence materials in front yards shall be only those materials which are designed and intended for use in fence installations and shall be limited to:

            I.   Vegetation;

            II.   Wood, chemically treated or naturally resistant to decay;

            III.   Wood composites;

            IV.   Aluminum;

            V.   Vinyl/PVC;

            VI.   Wrought iron; and

            VII.   As approved by the Community Development Director.

      (2)   Fences in exterior side, interior side, and/or rear yards.

         (a)   Height. The maximum height of a fence in exterior side, interior side, and rear yards shall be five feet, except for fences abutting a major street in § 16-5-2(F)(2)(d) which shall be six feet in height.

         (b)   Materials.

            I.   Fence materials utilized in exterior side yards, interior side yards, and rear yards shall complement fence materials utilized in other yards. Permitted fence materials in exterior, interior side and rear yards shall be only those materials which are designed and intended for use in fence installations and shall be limited to:

               i.    Masonry;

               ii.    Wood, chemically treated or naturally resistant to decay;

               iii.    Wood composites;

               iv.    Aluminum;

               v.    Vinyl/PVC;

               vi.    Wrought iron;

               vii.    Coated chain link; and

               viii.   As approved by the Community Development Director.

         (c)   Location.

            I.   Fences in exterior side yards shall be located no closer to the front yard than the established rear face of the primary building on the lot unless a building entrance is located on the exterior side yard facade in which case the fence may extend three feet past the entrance.

            II.   Fences in interior side yards and rear yards shall be located no closer to the front yard than the established front face of the primary building on the lot or the primary building on the adjacent lot.

         (a)    In the case of a corner lot in which the rear lot line of the rear yard abuts the side lot line of the rear yard of an adjacent interior through lot (Figure 16-5-8 (D)(4)(i)), a fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door.

         (b)   In the case of a corner lot in which the rear lot line of the rear yard abuts the rear lot line of the rear yard of an adjacent corner lot (Figure 16-5-8 (D)(4)(ii)), a fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door.

         (c)   In the case of a corner lot in which the rear lot line of the rear yard abuts a public right-of-way, or a lot line of any lot, public or private, other than a single-family residential lot (Figure 16-5-8 (D)(4)(iii)), a fence may be erected in the side yard adjoining a street within the area between the rear property line and the rear of the dwelling unit. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door.

         (d)   In the case of a corner lot in which the rear lot line of the rear yard abuts the side lot line of the front yard of an adjacent residential interior lot (Figure 16-5-8 (D)(4)(iv)), a fence may be erected in the side yard adjoining a street within the area between the rear lot line and the rear of the dwelling unit, provided the fence is placed no nearer to the right-of-way/property line than the required setback for a side yard adjoining a street for the zoning district or planned development, as applicable, in which the lot is located. If the only rear access door to the house is located facing the side yard adjoining a street, the fence may extend along the side of the house to a point not more than three feet past the access door and may encroach no more than five feet into this required setback. The fence setback shall increase back to the required setback at a point no greater than five feet past the rear of the dwelling unit into the rear yard.

         (k)   Single-unit residential use adjacent to a public or private recreational use. A fence may be erected at a height not to exceed six feet along a rear or side yard line of a property in a single-unit residential district which abuts a lot line of a property that is not used for dwelling purposes and is improved with, and has a principal use of, a public or private recreational use such as, but not limited to, a swimming pool, tennis courts, basketball courts, golf course, driving range, or mini-golf facility.

   (E)   Fences on lots with business uses.

      (1)   Height. The maximum height of fences on a lot with business uses shall not exceed seven feet.

      (2)   Location. Fences on lots with business uses shall be limited to the rear yard and interior side yard only.

      (3)   Materials. Permitted fence materials on lots with business uses shall be only those materials which are designed and intended for use in fence installations and shall be limited to:

         (a)   Masonry;

         (b)   Wood, chemically treated or naturally resistant to decay;

         (c)   Wood composites;

         (d)   Aluminum;

         (e)   Vinyl/PVC;

         (f)   Wrought iron;

         (g)   Coated chain link; and

         (h)   As approved by the Community Development Director.

   (F)   Fences on lots with industrial uses.

         (a)   The fence is deemed operationally necessary for security, screening, or other functional requirements of the operation;

         (b)   The fence must be set back at least five feet from the property lines;

         (c)   The fence does not obstruct required sight distances for vehicles or pedestrians;

         (d)   Any materials, equipment, storage, or vehicles located behind the fence shall be effectively screened from the street right-of-way to prevent visibility from adjacent streets, subject to approval by the Community Development Director.

         (a)   Masonry;

         (b)   Wood, chemically treated or naturally resistant to decay;

         (c)   Wood composites;

         (d)   Aluminum;

         (e)   Vinyl/PVC;

         (f)   Wrought iron;

         (g)   Coated chain link; and

         (h)   As approved by the Community Development Director.

      (1)   There shall be no maximum area for a dog run, except under the following circumstances:

         (a)   Any dog run with any type of a cover over the top shall be limited to a maximum area of 100 square feet.

         (b)   A dog run constructed to a height greater than five feet in accordance with § 16-5-9(G)(4) shall be limited to a maximum area of 100 square feet.

      (2)   Dog runs shall be permitted in the buildable area of the rear yard only.

      (3)   Dog runs shall not be permitted in any side yard or front yard.

      (4)   The maximum height of a dog run shall be six feet.

      (5)   A dog run constructed for the purpose of providing a secure enclosure for a dangerous, vicious or ferocious dog shall conform with the requirements of § 9-3-11 of the Village Code.

   (H)   Swimming pools. All swimming pools, hydromassage, spa and hot tubs shall meet all applicable Building and Property Maintenance Codes adopted by the village with respect to fence and safety barrier requirements.

(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. 2022-03-16, passed 3-21-2022; Ord. 2022-05-21, passed 5-2-2022; Ord. 2022-09-39, passed 9-6-2022; Ord. 2024-06-30, passed 6-3-2024; Ord. 2025-08-31, passed 8-4- 2025)

   Solar energy collection systems are permitted as an accessory use within all zoning districts with the following conditions:

   (A)   Building-mounted systems.

      (1)   Location. Building mounted systems may be located on any roof face of principal or accessory structures. Systems should be flush mounted when possible.

      (2)   Measuring height. Height is measured from the roof surface on which the system is mounted to the highest edge of the system.

      (3)   Maximum height. Systems on residential structures shall not extend beyond 12 inches parallel to the roof surface of a pitched roof or flat roof. Systems on nonresidential structures shall not extend beyond 36 inches parallel to the roof surface of a pitched roof or flat roof. Systems on all structures shall not extend above the highest peak of a pitched roof.

      (4)   Architectural integration. All materials used for racking, mounts, mounting clamps, and flashings, shall be of a color consistent with the color of the roof surface to minimize visibility. Equipment associated with the building-mounted system is prohibited on the front or exterior side of a building, unless operationally necessary and approved by the Community Development Director, and shall be a color consistent with the color of the building.

   (B)   Free-standing systems, primary use.

      (1)   Quantity. An unlimited quantity of panels is permitted.

      (2)   Maximum height. Maximum height shall be five feet in height, measured from the grade at the base of the pole to the highest edge of the system.

      (3)   Clearance. Minimum clearance between the lowest point of the system and the surface on which the system is mounted is 12 inches.

      (4)   Setbacks. All parts of the freestanding system shall be set back ten feet from the side and rear lot lines and shall not be located in a public utility easement.

   (C)   Free-standing systems, accessory use. (See Figure 16-5-9(C))

      (1)   Location. Systems are permitted in the rear yard only.

      (2)   Quantity. An unlimited quantity of panels is permitted on all zoning lots with the exception of any residential zoning lot 30,000 square feet or less in size, which are limited to a total of 100 square feet in area of panels.

      (3)   Maximum height. Maximum height shall be five feet in height, measured from the grade at the base of the pole to the highest edge of the system.

      (4)   Clearance. Minimum clearance between the lowest point of the system and the surface on which the system is mounted is 12 inches.

      (5)   Setbacks. All parts of the freestanding system shall be set back ten feet from the side and rear lot lines and shall not be located in a public utility easement.

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2024-06-30, passed 6-3-2024)

   (A)   All obstructions must conform to the standards set forth in all applicable village ordinances and codes, including, but not limited to, the Building, Fire, Electrical, and Swimming and Spa Codes.

   (B)   On corner lots, within that part of a yard, courtyard or other open area located with a triangular area of 25 feet from the point of intersection of the two street rights-of-way lines forming the corner lot, no buildings, structures or landscape materials herein permitted as obstructions in front yards or exterior side yards shall be erected, altered or planted which have a height more than 30 inches above the crown of the street, except that landscape materials planted in this area shall be maintained in a manner that trees shall not have branches lower than eight feet and shrubs shall not be higher than 30 inches at maturity.

   (C)   Yard obstructions, as herein defined, shall be permitted in accordance with the following standards as contained in Table 16-5-10(C): Permitted Yard Obstructions, except where such obstructions would encroach upon the required sight triangle on corner lots or upon easements, or adversely affect drainage. Unless regulated in the following table, yard obstructions for properties containing uses other than single-unit residential shall be permitted in accordance with the regulations set forth elsewhere in this chapter.

 

(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021- 08-33, passed 8-2-2021; Ord. 2023-07-32, passed 7-17-2023; Ord. 2025-08-31, passed 8-4-2025)

   (A)   Purpose. The purpose is to balance the needs of all types of vehicular, non-motorized and pedestrian traffic and to ensure the safe and efficient movement of all modes of travel.

   (B)   Applicability. Developments within all zoning districts proposing new public streets shall be designed per the standards set forth in the Manual of Design Standards and Construction. All developments adjacent to existing public streets shall be required to improve adjacent existing streets to comply with the standards set forth in this section. The Engineering Services Director may waive this requirement for developments adjacent to existing public streets, or in lieu of the developer installing the improvements, require a monetary contribution to the village for future public improvements.

   (C)   Standards. Developers shall be responsible for the design and construction of street improvements that will be publicly owned. Improvements shall include but may not be limited to street pavement, curbs and gutters, sidewalk and shared use paths, stormwater management systems, street lighting, parkway landscaping and trees, street name signs, traffic control signs, traffic signals, pavement striping and markings and other safety-related appurtenances.

   (D)   Street improvements. Street improvements shall be designed and installed per the standards set forth in the Unified Development Ordinance, the village's Manual of Design Standards and Construction Specifications of the Engineering Services Department, and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition.

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

   Each lot or parcel of land to be developed shall have a public sidewalk located within the dedicated right-of-way or an easement and shall be placed one foot from the property line of abutting lots and along such line as extended at intersections. If extenuating circumstances prevent sidewalk construction in the dedicated right-of-way, sidewalk easements shall be granted to the village.

   (A)   The Engineering Services Director may waive sidewalk requirements upon determining that a sidewalk cannot be installed based on the current width of the right-of-way or that it would create a safety hazard.

   (B)   Shared use paths shall be provided when shown in the Comprehensive Plan and considered when an existing path is within a quarter-mile of the subdivision boundary. Shared use paths may be required in lieu of sidewalks on collector or arterial streets.

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

   (A)   Adoption of Flood Insurance Rate Map and Flood Insurance Study. The Flood Insurance Rate Map ("FIRM") and the Flood Insurance Study ("FIS") approved by the Federal Emergency Management Agency on February 1, 2019 and adopted by DuPage County, effective August 1, 2019, is hereby adopted by reference as the FIRM and FIS for the Village of Carol Stream.

   (B)   Adoption of various provisions of the DuPage County Countywide Stormwater and Floodplain Ordinance. The DuPage County Countywide Stormwater and Floodplain Ordinance ("DuPage County Ordinance") as contained in Section 15-1-1 et seq. of the DuPage County Code, as amended and approved by the DuPage County Board effective May 14, 2019, are hereby adopted by reference.

   (C)   Local amendments to the DuPage County Ordinance. The following sections of the DuPage County Ordinance, as effective within the corporate boundaries of the village, are hereby amended as follows:

      (1)   Appendix A, Definitions of the DuPage County Ordinance is hereby amended by revising the language for "Substantial Improvement" as follows:

   SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building, during a ten (10) year period, the cost of which improvement equals or exceeds, individually or in the aggregate, fifty (50) percent of the fair market value of the building, determined from the equalized assessed value of the building, before the start of construction of the improvement or, if the building has been damaged, before the damage occurred. The term "cost of improvement" includes the value of volunteer labor and donated materials. The term "cost of improvement" does not, however, include either (1) any development for improvement of a building to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or (2) any alteration of a historic building that will not preclude the building's continued designation as a historic building.

   (D)   Adoption of general certifications. The general certifications, adopted from time to time by the DuPage County Board in accordance with Section 15-32 of the DuPage County Ordinance, are hereby adopted by reference. The full text of each general certification is available from the DuPage County Stormwater Management's website.

   (E)   Minor and major stormwater systems. Minor stormwater systems and major stormwater systems, as defined in the DuPage County Ordinance, shall be designed in accordance with the Illinois Department of Transportation's Drainage Manual, and the materials, installation, and testing shall be in accordance with the Standard Specifications for Water & Sewer Construction in Illinois, 8th Edition, except when modified by either this article or by the village's Manual of Design Standards and Construction Specifications of the Engineering Services Department.

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

   (A)   Sanitary sewer system. All development shall provide for the collection of sanitary sewage discharges in accordance with all federal, state and local regulations; specifically, Chapter 13 Water and Sewer Regulations of this Code.

      (1)   Sewage systems shall be connected to either the village's combined waterworks and sewerage system or Wheaton Sanitary Sewer District's sanitary sewer system. The particular system, and any variations, shall be done in accordance with the Chicago Metropolitan Agency for Planning's Facility Planning Area Procedures Manual and Amendment Application.

      (2)   Any proposed connection or extension of the sanitary sewer system of the Wheaton Sanitary District shall obtain a permit from the same before approval is provided by the Village Engineer.

      (3)   Any proposed connection or extension of a sanitary sewer system shall obtain a permit in accordance with 35 Ill. Adm. Code 309.202 before approval is provided by the Engineering Services Director.

      (4)   The design, materials, installation, and testing of any proposed connection or extension to the village's sanitary sewer system shall be in accordance with the 35 Ill. Adm. Code 370 and the Standard Specifications for Water & Sewer Construction in Illinois, 8th Edition (SSWSC), except when modified by the following requirements and the village's Manual of Design Standards and Construction Specifications of the Engineering Services Department.

      (5)   All sewers that will be privately maintained shall be covered by the village's "Onsite Utility Maintenance, Right of Entry and Hold Harmless Agreement".

   (B)   Water distribution system. All development shall provide for a complete potable water and fire protection distribution system in accordance with all federal, state and local regulations; specifically, Chapter 13 Water and Sewer Regulations of this Code.

      (1)   The design, materials, installation, and testing of any proposed connection or extension to the village's water distribution system shall be in accordance with the 35 Ill. Adm. Code 653 and the Standard Specifications for Water & Sewer Construction in Illinois, 8th Edition, except when modified by the following requirements and the village's Manual of Design Standards and Construction Specifications of the Engineering Services Department.

         (a)   The proposed distribution system shall be sized to supply all present and future needs based on the anticipated use of the subject development.

         (b)   The design shall consider the affect that the anticipated movement of water will have on the water's age and quality. Additional measures may be required by the Engineering Services Director in cases where there may be a concern unless additional information is provided to the satisfaction of the Engineering Services Director.

         (c)   The minimum depth of bury (cover) shall be five-and-one-half feet.

         (d)   System, shut-off valves shall be in approved enclosures and spaced along a main no further than 800 feet apart. Shorter spacing may be required in order to reduce the number of service lines interrupted when isolating the water main.

         (e)   No more than three system shut-off valves shall be necessary to isolate a main.

         (f)   Fire hydrants shall be installed on water mains in the dedicated right-of-way at maximum intervals of 300 feet in a direct line.

         (g)   Each service line shall be equipped with its own shut-off valve and enclosure.

      (2)   All water main and its appurtenances (including valves, enclosures, fire hydrants, etc.) that will be privately maintained shall be covered by the village's "Onsite Utility Maintenance, Right of Entry and Hold Harmless Agreement".

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

   (A)   Off-site improvements. The developer shall be responsible for the design and construction of any extensions or modifications to existing infrastructure, which is situated either in part or entirely outside of the subdivision's boundary (i.e. "off-site"), when said infrastructure is deemed inadequate to accommodate the full build-out of the subject development.

   (B)   Oversize design. When the Engineering Services Director deems that a required land improvement must be larger than that which is necessary to serve the subject development, the developer shall be responsible for all costs associated with its design and construction.

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

   (A)   Identification of the Gary Avenue Corridor and North Avenue Corridor Overlay Districts.

      (1)   For any lot that abuts Gary Avenue directly, other than a single-family residential lot, the lot line abutting the Gary Avenue right-of-way shall be considered the front lot line.

      (2)   For any lot that abuts North Avenue directly, other than a single-family residential lot, the lot line abutting the North Avenue right-of-way shall be considered the front lot line.

   (B)   Uses permitted within the Gary Avenue and North Avenue Overlay Districts. Uses within the Gary Avenue and North Avenue Overlay Districts shall be permitted pursuant to the Unified Development Ordinance, as amended, of the village.

   (C)   Site design.

      (1)   Service areas and drives shall not hinder consumer access, parking, driveways, walkways or entries. Service areas shall be out of sight from the public roadways, paved, curbed and internally drained.

      (2)   Pedestrian facilities shall be provided within the site and between adjacent sites to improve circulation, increase safety, or promote decreased use of the automobile.

      (3)   Stormwater management facilities and post-construction best management practices shall be incorporated as an integral part of the project design to provide attractive open space in order to enhance the overall quality and aesthetics of a site.

      (4)   All parking lots will be curbed. Ideally, the building will be slightly elevated on a foundation constructed on the excavated soil to reduce the visual barrier caused by automobiles adjacent to the roadway and result in better visibility for the owner/tenant.

   (D)   Required setbacks.

      (1)   Building locations shall reflect consideration for roadway visibility, existing site features and parking lot circulation.

      (2)   The minimum building setback from the Gary Avenue right-of-way shall be 60 feet for properties in all zoning districts, except for the residential districts which shall be as required by the Unified Development Ordinance. The maximum building setback from the street right-of-way for all buildings shall be 100 feet; except that, no maximum setback shall apply to single-family residences.

      (3)   The minimum building setback from the North Avenue right-of-way shall be 100 feet for properties in all zoning districts.

      (4)   For both the Gary Avenue Corridor and the North Avenue Corridor, no road or parking lot pavement of any type shall be within the first 30 feet of property from the right-of-way except for approved entry drives and properties which were improved with buildings or parking lots at the time of the adoption of this section, which shall be permitted to encroach no more than ten feet into this required setback.

      (5)   Required front setbacks shall be improved as Transition Area Type D as detailed in § 16-5-5(B)(4) of the Unified Development Ordinance.

   (E)   Architectural design. This section provides architectural regulations and guidelines to the Plan Commission, village staff and owners and occupants of land along Gary Avenue and North Avenue in order to promote the objectives of the Gary Avenue and North Avenue Overlay Districts regulations.

      (1)   Multi-tenant, mixed-used developments shall be constructed with compatible materials and design characteristics including building material, roof lines, color and landscaping.

      (2)   Each building in B-1, B-2 or B-3 Zoning Districts shall have a pedestrian arcade or canopy fronting the store for shade, identity and pedestrian scale. Arcades should visually and/or physically link retail and office functions within a shopping center to protect pedestrian patrons of the center.

      (3)   Design improvements shall be compatible with the existing built and natural environments. New materials shall be the same or complement existing materials.

      (4)   Monotony shall be avoided within projects and between a project and its surroundings. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, signage, height, roof-line and setback. Facades of buildings shall incorporate such design features as changes in materials, color, fenestration or other significant visual relief provided in a manner or at intervals in keeping with the size, mass and scale of the building and its views from public ways.

      (5)   The following materials shall not be used in any front facade or side facade:

         (a)   Unfinished pre-cast concrete or unfinished poured-in-place concrete;

         (b)   Fabricated metal, not to include high-quality decorative architectural material, covering more than 25% of the wall area visible from any public way; and

      (6)   The following materials shall not be used on any part of a building:

         (a)   Materials with no proven record of durability or ease of maintenance in the intended application; and

         (b)   Materials or construction methods used for one aspect or portion of a project that are significantly lower in quality than those used for the balance of that project, such that this one aspect or portion is or rapidly becomes an eyesore or detriment to the project as a whole.

      (7)   Building designs and configurations that tend to catch and accumulate trash, leaves and dirt shall be avoided. In addition, provisions for washing and cleaning buildings, other structures and building grounds shall be considered and included in the design.

      (8)   All building components, such as windows, doors, wall signs, eaves, soffits and parapets, shall be proportionate to the facade of the building and shall relate well to one another.

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