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Cherry Valley City Zoning Code

ARTICLE III

DISTRICTS

DIVISION 3. - RESIDENTIAL[3]


Footnotes:
--- (3) ---

Cross reference— Residential site plan review, § 50-121 et seq.


DIVISION 4. - COMMERCIAL[4]


Footnotes:
--- (4) ---

Cross reference— Commercial site plan review, § 50-141 et seq.


DIVISION 5. - OFFICE[5]


Footnotes:
--- (5) ---

Cross reference— Office/industrial site plan review, § 50-161 et seq.


DIVISION 6. - INDUSTRIAL[6]


Footnotes:
--- (6) ---

Cross reference— Office/industrial site plan review, § 50-161 et seq.


Sec. 82-151. - Enumeration.

For the purpose and provisions of this chapter, the village is hereby organized into the following districts:

AG agricultural

RA rural agricultural

RR rural residential

R1 residential single-family

R2 residential two-family

R3 residential multifamily

R4 residential multifamily

MH mobile home district

CN commercial neighborhood

CC commercial community

CG commercial general

OF office district

IL industrial-light

IG industrial-general

IH industrial-heavy

PK park district

(Code 1974, § 22-23)

Sec. 82-152. - Zoning maps.

(a)

The boundaries of the such zoning districts are hereby established as shown on the map entitled, "Village of Cherry Valley Zoning Map." This official map and all explanatory matter thereon and attached thereto are hereby adopted by reference and declared to be part of this chapter.

(b)

The village zoning map, and all official explanatory matter attached thereto bears the signature of the village clerk, and shall be on file in the office of the village clerk.

(Code 1974, § 22-24)

Sec. 82-153. - District boundaries.

When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

District boundary lines are either the centerline or railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the centerline of the street, or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines, or centerline of streets, highways or railroad rights-of-way, unless otherwise indicated.

(3)

Where a lot held in one ownership and of record on October 20, 1987, is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, however, that this construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.

(Code 1974, § 22-25)

Sec. 82-154. - Zoning of streets, alleys, public ways, waterways and rights-of-way.

All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or waterways and railroad rights-of-way. Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Code 1974, § 22-26)

Sec. 82-181. - AG agricultural district.

(a)

Purposes. The purposes of the AG district are to:

(1)

Permit nonagricultural uses that require large land areas that will not detract or adversely affect the normal agricultural pursuits of the rural area.

(2)

Give primary consideration to agricultural pursuits and secondary consideration to large urban supporting uses.

(b)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered, in the AG district except for one or more of the following uses:

(1)

One-family detached dwelling.

(2)

All uses commonly classed as agricultural, horticultural or forestry, including crop and tree farming, truck gardening and wholesale nursery operations, together with the operation of any machinery or vehicles incidental to such uses.

(3)

Parks, forest preserves and recreational areas when publicly owned and operated.

(4)

Temporary buildings for construction purposes, not for human habitation and not to exist after terminations of project.

(5)

Accessory uses as defined in section 82-3.

(6)

Railroad right-of-way and trackage but not including classification yards, terminal facilities or maintenance facilities.

(7)

The sale of products produced on the premises from temporary stands or from existing farm buildings.

(8)

Golf courses, regulation size, but not including "Par 3" golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be located nearer than 200 feet to any dwelling.

(9)

Schools: public, denominational or private; elementary, and high, including playgrounds and athletic fields auxiliary thereto.

(10)

Churches, rectories and parish houses.

(11)

Public service uses: Filtration plan, pumping station and water reservoir, sewage treatment plant, police and fire station, telephone exchange, electric and gas substations and booster stations, and other governmental uses.

(c)

Special uses. The following uses may be allowed by special use permit in accordance with the provisions of section 82-209:

(1)

Cemeteries, including crematories and mausoleums in conjunction therewith, if not located within 500 feet of any dwelling.

(2)

Feed, seed, and farm implements but excluding sales of farm implements used for tillage and harvesting of crops.

(3)

Outdoor theaters and indoor theaters which are an integral part of an outdoor theater complex.

(4)

Private and public recreations facilities and commercial entertainment and tourist establishments, dining and dancing establishments, archery clubs, gun clubs, "Par 3" golf courses, automobile, cycle, snowmobile racetracks or courses, commercial stables and riding trails, commercial fishing ponds or lakes, and/or similar tourist facilities.

(5)

Extraction and removal of sand, gravel, topsoil or other aggregate, but not including equipment, buildings or structures for screening, mixing, washing or storage, except as may be specifically authorized for a limited period of time.

(6)

Radio and television towers and accessory facilities.

(7)

Airports, landing strips and heliports.

(8)

Veterinary office and hospital; medical or dental office or clinic.

(9)

Manufacturing of asphalt and asphalt products and/or concrete and concrete products; provided, however, that the same is performed within the excavated portion of the same site where gravel or crushed stone aggregate is extracted therefrom.

(10)

Water retention area.

(11)

Institutions for the rehabilitation, education, or training of handicapped persons.

(12)

Day nursery schools.

(13)

Use of buildings previously allowed under subsection (b)(11), and (12) of this section, provided that:

a.

The building and premises will be in compliance with all the applicable state and county building, health, and fire regulations;

b.

There is no enlargement or expansion of the buildings;

c.

There is no alteration of the external appearance of the premises unless approved in accordance with the procedures in section 22-258; and

(14)

Solar farms.

(d)

Lot size.

(1)

Every principal permitted use in this division shall be located on a tract of land having an area of not less than five acres and a width at the established building line of not less than 250 feet. This requirement shall not apply to a railroad right-of-way.

(2)

The lot size requirements set forth in this subsection may be reduced by special use permit.

(3)

Every special use authorized in the AG district shall be located on a tract of land the minimum size of which shall be specified in the special use permit.

(e)

Yards. No building shall be erected or enlarged unless it is in compliance with the distances specifically enumerated within this section for specific uses, or established when a special use permit is approved as follows:

(1)

Front. One-half the existing right-of-way when the right-of-way has been established by adopted comprehensive plans, not to exceed 60 feet or be less than 30 feet.

(2)

Side.

a.

A corner lot shall be the same as the front yard.

b.

The interior lot shall be ten feet.

(3)

Rear. The rear lot shall be 25 feet.

(Code 1974, § 22-28; Ord. No. 2021-02, § 2, 3-16-2021)

Sec. 82-182. - RA rural agricultural district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the RA rural agricultural district except for one or more of the following uses:

(1)

One-family detached dwellings.

(2)

Home occupations, as permitted in accordance with provisions of article V of this chapter.

(3)

Parks, forest preserves and recreational areas, publicly owned and operated.

(4)

Temporary buildings for construction purposes, not for human habitation and not to exist after termination of project.

(5)

Signs, as permitted in accordance with the sign ordinance for the village.

(6)

Wind-operated energy devices, for site service only, provided the lot area has a minimum of 2.5 acres, and the minimum distance from the base of the structure to every lot line shall be the height of the structure plus ten feet.

(7)

Not more than three garage sales for each calendar year, provided that each garage sale shall extend no more than five days or parts of days, all of such days or parts of days to be in succession.

(b)

Special uses. The following uses may be allowed by special use permit in the RA district in accordance with the provisions of section 82-209:

(1)

Any special use as denoted in this section:

a.

Airports, aircraft landing fields and heliports.

b.

Cemeteries, including crematories and mausoleums in conjunction therewith, if not within 500 feet of any dwelling.

c.

Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for operation.

d.

Day nursery schools.

e.

Daytime or nighttime care centers.

f.

Filling of holes, pits or lowlands with noncombustible material free from refuse and food waste.

g.

Golf courses, public or private, regulation size and "Par 3" golf courses, but not including commercially operated driving ranges or miniature golf courses.

h.

Off-street parking areas, provided that there is a need for this facility in the interest of public necessity and convenience, and that no appropriate site is available in nearby business or industrial districts.

i.

Public service uses as follows:

1.

Filtration plant, pumping station and water reservoir.

2.

Sewage treatment plant.

3.

Police and fire stations.

4.

Telephone exchange.

5.

Electric substations and booster stations.

6.

Other governmental uses.

j.

Radio and television towers, commercial.

k.

Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities.

(2)

Temporary roadside stands for the display, sale or offering for sale or agricultural products grown or produced on the property.

(3)

Truck gardening and other horticultural uses where no building is involved and when no sale of products in conducted on the premises.

(4)

Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business.

(5)

The keeping of horses on less than 2½ acres in area.

(6)

Solar farms.

(c)

Lot size. Lot sizes in the RA district shall be as follows:

(1)

Every principal permitted use in this section shall be located on a tract of land having an area of not less than 2½ acres and a width at the established building line of not less than 200 feet.

(2)

Every special use permitted in the RA district shall be located on a tract of land the minimum size of which shall be specified at the time a special use permit is authorized.

(3)

Not more than two horses may be kept on 2½ acres, plus one horse for each one acre thereafter, unless a special use permit is first secured.

(d)

Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side yard. A side yard on each side of the zoning lot of not less than 25 feet; except, where a side yard adjoins a street, the minimum width shall be increased to one-half the right-of-way of the adjoining street, with a maximum of 60 feet.

(3)

Rear yard. A rear yard of not less than 75 feet.

(4)

Special yard setbacks for private stables.

a.

Front yards. Stables shall not be located in front of, or closer to, the public right-of-way than the main residence.

b.

Side yards. Stables shall not be located closer than 25 feet to any interior side yards; or a distance of not less than one-half the adjacent right-of-way on corner lots; however, in no case shall the setback be less than 60 feet from the centerline of the right-of-way.

c.

Rear yards. Stables shall not be located less than 25 feet from any area lot line.

d.

Other yards and setbacks. No stables shall be located less than 50 feet to any dwelling on the same zoning lot or 100 feet from any dwelling or within 150 feet from the centerline of any natural watercourse or within any defined floodplain.

(Code 1974, § 22-29; Ord. No. 2021-02, § 2, 3-16-2021)

Sec. 82-201. - General purposes of RR, R1 and R2 residential districts.

The RR, R-1 and R-2 districts are established in order to protect public health and promote public safety, convenience, comfort, prosperity and welfare. The general goals include, among others, the following specific purposes:

(1)

To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare and other objectionable factors.

(2)

To protect residential areas to the extent possible and appropriate in each area against unduly heavy motor vehicle traffic, especially through traffic, and to alleviate congestion by promoting off-street parking.

(3)

To protect residential areas against undue congestion of public streets and other public facilities by controlling the density of population through regulation of the bulk of buildings.

(4)

To protect and promote the public health and comfort by providing for ample light and air to buildings and the windows thereof.

(5)

To promote public comfort and welfare by providing for usable open space on the same zoning lot with residential development.

(6)

To provide sufficient space in appropriate locations to meet the probable need for future residential expansion and to meet the need for necessary and desirable services in the vicinity of residences, which increase safety and amenity for resident and which do not exert objectionable influences.

(7)

To promote the best use and development of residential land, to promote stability of residential development and protect the character and desirable development, and to protect the value of land and improvements and so strengthen the economic base of the village.

(Code 1974, § 22-30)

Sec. 82-202. - General purposes of R3 and R4 residential districts.

In addition to the objectives prescribed in section 82-201, the R3 and R4 districts are included in this chapter to achieve the following purposes:

(1)

To reserve appropriately located areas for family living in a variety of types of dwelling at a reasonable range of densities consistent with sound standard of public health and safety.

(2)

To preserve as many as possible of the desirable characteristics of one-family and two-family residential district while permitting higher population densities.

(3)

To ensure adequate light, air, privacy and open space for each dwelling unit.

(4)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.

(5)

To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks.

(6)

To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic.

(7)

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, increased water runoff and other objectionable influences.

(8)

To protect residential properties from fire, explosion, noxious fumes and other hazards.

(Code 1974, § 22-31)

Sec. 82-203. - Off-street parking requirement in all residential districts.

All residential districts as defined in section 82-20582-208 inclusive, shall provide at least one off-street parking space for each living unit.

(Code 1974, § 22-33)

Sec. 82-204. - RR rural residential district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted or enlarged or structurally altered in the RR district, except for one or more of the following uses:

(1)

One-family detached dwelling.

(2)

Home occupations, as permitted in accordance with provisions of this chapter.

(3)

Parks, forest preserves and recreational areas, when publicly owned and operated.

(4)

Temporary buildings for construction purposes, not for human habitation and not to exist after termination of project.

(5)

Accessory uses.

(b)

Special uses. Any special use as denoted in section 82-209 may be allowed by special use permit in the RR district in accordance with provisions of this chapter.

(c)

Lot size. Lot size in the RR district shall be as follows:

(1)

Every principal permitted use in this section shall be located on a tract of land having an area of not less than 20,000 square feet and a width at the established building line of not less than 100 feet.

(2)

Every special use permitted in the RR district shall be located on a tract of land the minimum size of which shall be specified at the time a special use permit is authorized.

(d)

Yards. No building shall be erected or enlarged in the RR district unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side. A side yard of not less than 15 feet; except, where a side yard adjoins a street, the minimum width shall be increased to one-half the right-of-way of the adjoining street with minimum of 30 feet and a maximum of 60 feet.

(3)

Rear. A rear yard of not less than 60 feet.

(e)

Height. In the RR district, no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(Code 1974, § 22-34)

Sec. 82-205. - R1 one-family residential district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land in the R1 district may be used, and no building may be erected, converted, enlarged or structurally altered except for use for a single-family residence.

(b)

Special uses. Any special use as denoted in section 82-209 may be allowed by special use permit in the R1 district in accordance with provisions of this chapter.

(c)

Lot size. Lot sizes in the R1 district are as follows:

(1)

Every principal permitted use hereafter erected or located in the R1 district shall have a lot area of not less than 15,000 square feet with a minimum width at the established building setback line of 85 feet.

(2)

Every special use permitted in the R1 district shall be located on a lot the size of which shall be specified at the time a special user permit is authorized.

(d)

Yards. No building in the R1 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building structure or enlargement:

(1)

Front. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side. A side yard on each side of the zoning lot of not less than seven feet; except, where a side adjoins a street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street, with a minimum of 30 feet but not require more than 60 feet.

a.

All lots located in the older portion of the village as indicated on the attached map which have a width of 70 feet or less shall have a side yard on each side of the zoning lot of not less than four feet except where a side adjoins a street, the minimum width shall be increased to equal one-half of the right-of-way of the adjoining street, with a minimum of 30 feet but not requiring more than 60 feet.

b.

All other lots to which subsection (d)(2)a of this section does not apply shall have a side yard on each side of the zoning lot of not less than seven feet; except, where a side yard adjoins a street, the minimum width shall be increased to equal one-half of the right-of-way of the adjoining street, with the minimum of 30 feet but not requiring more than 60 feet.

(3)

Rear. A rear yard of not less than 30 feet.

(e)

Height. In the R1 district, no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(Code 1974, § 22-35)

Sec. 82-206. - R2 two-family residential district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the R2 district, except for the following use: two-family dwellings.

(b)

Special uses. Any special use as denoted in section 82-209 may be allowed by special use permit in the R2 district in accordance with provisions of this chapter.

(c)

Lot size. Lot sizes in the R2 district shall be as follows:

(1)

The minimum lot size in the R2 district shall be 15,000 square feet and have a minimum lot area of not less than 7,500 square feet for each dwelling unit and a minimum width at the established building setback line of 85 feet.

(2)

Every single-family dwelling hereafter erected or located in the R2 district shall have the same lot area requirements as found in R1 district.

(3)

Every special use permitted in the R2 district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(d)

Yards. No building in the R2 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall be front yard be less than 30 feet nor require more than 60 feet.

(2)

Side. A side yard on each side of the zoning lot of not less than seven feet except where a side yard adjoins a street, the minimum width shall be increased to equal one-half of the right-of-way of the adjoining street, with a minimum of 35 feet, but not more than 60 feet.

a.

All lots located in the older portion of the village as indicated on the attached map which have a width of 70 feet or less shall have a side yard on each side of the zoning lot of not less than four feet except where a side adjoins a street, the minimum width shall be increased to equal one-half of the right-of-way of the adjoining street, with a minimum of 30 feet but not requiring more than 60 feet.

b.

All other lots to which section 82-205(d)(2)a does not apply shall have a side yard on each side of the zoning lot of not less than seven feet; except, where a side yard adjoins a street, the minimum width shall be increased to equal one-half of the right-of-way of the adjoining street, with the minimum of 30 feet but not requiring more than 60 feet.

(3)

Rear. A rear yard of not less than 30 feet.

(e)

Height. In the R2 district, no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(Code 1974, § 22-36)

Sec. 82-207. - R3 multiple-family residential district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the R3 district, except for one or more of the following uses: multifamily structures not to exceed three in number for each building.

Three-family dwelling units.

(b)

Special uses. Any special use as denoted in section 82-209 may be allowed by special use permit in the R3 district in accordance with the provisions of this chapter.

(c)

Lot size. Lot sizes in the R3 district shall be as follows:

(1)

The minimum lot size in the R3 district shall be 15,000 square feet.

(2)

Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot which provides a minimum of 5,000 square feet of land area for each dwelling unit.

(3)

Every special use permitted in the R3 district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(d)

Height. In the R3 district no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(e)

Maximum site coverage. The maximum site coverage in the R3 district shall not exceed 40 percent of the lot area.

(Code 1974, § 22-37; Ord. No. 2003-19, § 1, 5-6-2003)

Sec. 82-208. - R4 multiple-family residential district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land in the R4 district may be used, and no building may be erected, converted, enlarged or structurally altered except for multifamily structures not to exceed four in one building.

Four or more family dwelling units.

(b)

Special uses. Any special use as denoted in section 82-209 may be allowed by special use permit in the R4 district in accordance with provisions of this chapter.

(c)

Lot size. Lot sizes in the R4 district shall be as follows:

(1)

The minimum lot size in the R4 district shall be 15,000 square feet.

(2)

Every multiple-family dwelling hereafter erected or enlarged shall be on a lot which provides a minimum of 3,750 square feet of land area for each dwelling unit.

(3)

Every special use permitted in the R4 district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(d)

Yards. No building in the R4 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front. A front year equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. For buildings exceeding 25 feet in height, the minimum front yard determined in this subsection (d) shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. On every zoning lot, side yards shall be provided as follows:

a.

Every principal permitted use, except multiple-family dwellings shall have the same side yard requirements as found in the R2 district.

b.

Every multiple-family dwelling shall have a side yard on each side of not less than eight feet and a combined total of side yards of not less than 16 feet when the multiple-family structure is not more than 25 feet in height. For buildings exceeding 25 feet in height, the minimum side yard shall be increased by one foot for each four feet or fraction thereof by which the building exceeds 25 feet. On corner lots, where the side yard adjoins a street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street with a minimum of 25 feet but in no case shall a yard of more than 60 feet be required.

(3)

Rear. A rear yard of not less than 30 feet.

(e)

Height. In the R4 district, no building shall be erected or altered to a height in excess of 45 feet or three stories.

(f)

Maximum site coverage. The maximum site coverage in the R4 district shall not exceed 50 percent of the lot area.

(Code 1974, § 22-38; Ord. No. 2003-19, § 1, 5-6-2003)

Sec. 82-209. - Schedule of special uses in residential districts.

In the following schedule, an "X" in a column indicates that the particular use is permitted as a special use in that district:

RR R1 R2 R3 R4
RR R1 R2 R3 R4
Assisted living facilities, Sr. Living, Nursing Homes X X
Banks/Savings and Loans X X
Businesses/professional, social and trade associations X X
Cemeteries, including crematories and mausoleums in conjunction therewith, if not within 500 feet of any dwelling X X X X X
Charitable institutions, not for profit (business operations) X X
Churches, rectories, seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation X X X X X
Community swimming pools or clubs, as defined in this chapter, with the following restrictions:
 1. The swimming pool shall have an area no more than 5,000 square feet and shall be on a lot with an area of not less than two acres
 2. Every pool, building or paved play area shall be no loess than 100 feet distance from every abutting property line in any residential district
 3. Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district
 4. The sale of refreshments shall be from the principal building only X X X X X
Day nursery schools X X X X X
Educational institutions X X X X X
Funeral homes X X
Golf courses, public or private, regulations size and "Par 3" golf courses, but not including commercially operated driving ranges or miniature golf courses X X X X X
Music and art facilities, both public and private X X
Off-street parking areas, provided that there is a need for this facility in the interest of public necessity and convenience, and that no appropriate site is available in nearby business or industrial districts X X X X X
Offices, professional (define what this is exactly) X X
Planned community developments and planned unit developments in accordance with the provisions of this chapter X X X X X
Private clubs or lodges, except those private clubs or lodges whose chief activity is a service customarily carried on as a business. Acceptable uses are those that provide recreation or services to the club or lodge X X X
Public Service Uses:
 1. Water filtration plant, pumping stations and water reservoir X X X X X
 2. Sanitary sewer pump stations, water reservoirs, filtration plants, pumping stations X X X X X
 3. Police and fire stations X X X X X
 4. Telephone exchange X X X X X
 5. Electric substations and booster stations X X X X X
 6. Other governmental uses X X X X X
Water detention area X X X X X
Wind-operated energy devices for site service only, provided that the lot area has a minimum of 2.5 acres X X X X X

 

(Code 1974, § 22-39; Ord. No. 2002-29, § 1, 5-21-2002; Ord. No. 2004-25, § 1, 7-20-2004; Ord. No. 2004-28, § 3, 8-3-2004; Ord. No. 2009-26, § 1, 2-17-2009)

Sec. 82-231. - General purposes.

The commercial districts are established in this chapter in order to achieve the following general purposes:

(1)

To protect commercial areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odor, heat, glare and other objectionable influences incidental to industrial uses.

(2)

To provide appropriately located areas for retail stores, offices, service establishments, wholesale business and amusement establishments offering commodities and services required by residents of the village and its market area.

(3)

To provide opportunities for retail stores, offices, service establishments, wholesale business and amusement establishments to concentrate in certain areas for the convenience of the public and for the beneficial relationship to each other.

(4)

To provide for community facilities and institutions that may be located in commercial areas.

(5)

To provide adequate space to meet the needs of commercial development, including off-street parking and loading facilities.

(6)

To minimize traffic congestion and to avoid the overloading of public facilities by regulating the construction of building in relation to the area of the zoning lot.

(Code 1974, § 22-40)

Sec. 82-232. - Special purposes.

In addition to the general purposes prescribed in section 82-231, each commercial district has been established in this chapter to achieve the following special purposes:

(1)

The CN commercial neighborhood district is established for the convenience of persons residing in nearby residential areas, and is limited to accommodating the basic recurring shopping needs of the typical family. The area of the CN district should be limited in order to reduce the traffic surrounding residential neighborhood.

(2)

The CC commercial community district is established to accommodate a greater variety of goods and services than permitted in the CN district, including business establishments which serve a larger segment of the village than the immediate surrounding residential area. This district includes the subregional shopping centers.

(3)

The CG commercial general district is established to accommodate a greater variety of goods and services than permitted in the CC district, and to provide appropriately located areas for commercial uses having features that are incompatible with the purpose of other commercial districts.

(Code 1974, § 22-41)

Sec. 82-233. - CN commercial neighborhood district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the CN district, except for one or more of the following uses:

Any building having multiple users shall be a conforming use under section 82-233(a) provided that less than 50 percent of the total square footage of said building is used for office purposes.

Art and school supply stores

Bakery shops, but not including processing or baking.

Barbershops and beauty parlors.

Book and stationery stores.

Candy and ice cream shops.

Community swimming pools and clubs with the following restrictions:

The swimming pool shall have an area no greater than 5,000 square feet and shall be on a lot with an area of not less than two acres.

Every pool, building or paved play area shall be no less than 100 feet distant from every abutting property line in any residential district.

Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district.

The sale of refreshments shall be from the principal building.

Christmas tree sales (45 days).

Delicatessens.

Drugstores.

Dry cleaning and laundry receiving and distribution stations, but not including processing.

Florist shops.

Food, meat and fruit stores.

Gift shops.

Laundries, automatic self-service type or hand.

Newsstand.

Postal substations.

Resale shops.

Restaurants, but not including drive-ins.

Shoe repair.

Accessory uses:

Including off-street parking and loading in accordance with the provisions of the Code of Ordinances for the village.

Public utility collection offices.

(b)

Special uses. The following uses may be allowed by special use permit in the CN district in accordance with the provisions of this chapter:

Automobile service stations.

Bus terminals, bus garages, and bus lots.

Convenience stores.

Gas stations.

Package liquor stores.

Public service uses, including:

Filtration plant, pumping station and water reservoir.

Sewage treatment plants.

Police and fire stations.

Telephone exchanges.

Electric and gas substations and booster stations.

Other governmental uses.

Restaurants serving liquor.

Storage facilities.

Tanning booths.

Teen entertainment centers.

Water detention area.

Wind-operated energy devices, for site service only, provided that the lot area has a minimum of 2.5 acres.

(c)

Yards. No building in the CN district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front. A front yard of at least 30 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. Side yards of at least five feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(3)

Corner lots. On corner lots, where the side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(4)

Rear. A rear yard of not less than 25 feet.

(d)

Height. In the CN district no buildings shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(e)

Outside storage. No outside storage is allowed in a CN district unless a variance is granted as the circumstances may dictate.

(Code 1974, § 22-42; Ord. No. 2000-2, § 1, 3-7-2000; Ord. No. 2004-12, § 1, 5-4-2004; Ord. No. 2004-28, § 1, 8-3-2004; Ord. No. 2004-31, § 1, 9-7-2004; Ord. No. 2023-18, § 1, 9-19-2023)

Cross reference— Businesses, ch. 26.

Sec. 82-234. - CC commercial community district (including subregional shopping centers).

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used and no building may be erected, enlarged or structurally altered in the CC district except for one or more of the following uses:

Any building having multiple users shall be a conforming use under section 82-234(a) provided that less than 50 percent of the total square footage of said building is used for office purposes.

Any use permitted in the CN district.

Amusement establishments, bowling alleys, pool halls, dancehalls, gymnasiums, swimming pools and skating rinks.

Antique shops (no outside display).

Art galleries and studios, but not including auction rooms.

Blueprinting and photostating establishments.

Bicycle sales and repair.

Camera and photograph supply shops for retail sale.

Catering establishments.

Carpet and rug stores.

China and glass stores.

Coin and stamp stores.

Costume rental shop.

Custom dressmaking, millinery or tailoring.

Department and discount stores.

Dry goods stores.

Electrical and household appliance stores, including radio and television sales, but not including appliance assembly or manufacturing.

Exterminating shops.

Flea markets (no outside display).

Furniture stores, and upholstery when conducted as a part of the retail operations and secondary to the main use.

Furrier shops, including the incidental storage and conditioning of furs.

Garden supply and seed stores.

Garages; public and private, for the storage of private passenger vehicles and small (under three-fourths of a ton) commercial vehicles.

Gifts and novelty shops; china, glassware and metalware sales.

Greenhouses with outside display for retail trade on the premises.

Haberdasheries.

Hardware stores.

Hobby stores.

Hotels and motels.

Household appliance stores, including radio and television sales and service, and sewing machine sales and service.

Independent off-street parking areas.

Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles; when conducted as part of the retail operations and secondary to the main use.

Jewelry and watch repair shops.

Leather goods and luggage stores.

Locksmiths.

Mail order houses.

Monument sales within a building, but not including the cutting or grinding of stones.

Musical instruments sales and repair.

Offices; business and professional.

Office supply stores.

Optical goods.

Orthopedic and medical appliance store, but not including the assembly or manufacturing of such articles.

Paint and wallpaper stores.

Pawn shop.

Pet shops.

Photograph studios, including the development of film and pictures when done as a part of the retail business on the premises.

Picture framing, when conducted for retail trade on the premises only.

Printing and publishing of newspapers, periodicals, books and including letter process work.

Restaurant, including drive-in restaurants.

Seasonal farm produce open-air market (operation not to exceed seven months per year).

Secondhand stores and rummage shops.

Sewing machine sales and service.

Shoe and hat stores.

Sporting goods stores.

Tanning booths.

Taxidermists.

Temporary sales 45 days (i.e., Christmas trees, landscape and nursery supplies).

Theater, indoor.

Toy stores.

Travel bureau and transportation ticket office.

Typewriter and adding machine sales and service.

Veterinary office.

Wearing apparel stores.

Accessory uses, including off-street parking and loading in accordance with the provisions of this chapter.

(b)

Special uses. The following uses may be allowed by special use permit in accordance with the provisions of this chapter:

Ambulance service.

Automobile accessory store where there is servicing or installation of accessories including automobile laundries.

Automobile repair, minor.

Automobile sales and services.

New and used, on an open lot or within a building.

Automobile service station.

Bus terminals, bus garages, and bus lots.

Construction of billboards.

Construction of radio towers.

No tower constructed on the premises pursuant to the special use permit granted in this chapter shall exceed 150 feet in height. In measuring the height requirement set forth in this subsection, the measurement shall be taken from the ground level at the base of the tower to the highest point of the tower or any extensions thereto.

Any building constructed on the premises described in this subsection shall have a brick exterior.

Liquor establishments, including package liquor stores and taverns.

Parking lot, which is accessory to and serving a principal use on a separate parcel which is not within, but adjacent to, village limits.

Portable establishments, including package liquor stores and taverns.

Public service uses, including:

Filtration plant, pumping station and water reservoir.

Sewage treatment plant.

Police and fire stations.

Telephone exchange.

Electric and gas substations and booster stations.

Other governmental uses.

Radio towers, tv towers and cell towers

Recreational cannabis sales.

Sexually oriented business, subject to the following special uses criteria:

A sexually oriented business may not be operated within 1,000 feet of the following previously established uses:

A church, synagogue or regular place of worship.

A public or private elementary or secondary school.

Any property legally used or zoned for residential purposes.

A public park.

A day care facility.

Another sexually oriented business.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually oriented business, or to the nearest boundary of a residential zoning district.

Nothing in this subsection shall be interpreted to authorize or permit any activity or conduct prohibited by any activity or conduct prohibited by any local, state or federal law including, but not limited to, obscenity and prostitution.

Storage facilities.

Tattoo parlors.

Teen entertainment centers.

Veterinary clinics or veterinary hospital.

Water detention area.

Wind-operated energy devices, for site service only, provided that the lot area has a minimum of 2.5 acres.

(c)

Yard. No building in the CC district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front. A front yard of at least 30 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yards shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. Side yards of at least five feet for buildings under 25 feet in height. For buildings, exceeding 25 feet in height, the minimum side yards shall be increased by one foot for each four feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a side yard of more than 60 feet be required.

(3)

Corner lots. On corner lots, where the side yards adjoin a street, the side yard shall be determined in the same manner as the front yard.

(4)

Rear. A rear yard of not less than 25 feet.

(d)

Height. In the CC district no building shall be erected or altered to a height in excess of 120 feet or ten stories, whichever is higher.

(Code 1974, § 22-43; Ord. No. 2000-2, § 1, 3-7-2000; Ord. No. 2001-21, § 1, 6-5-2001; Ord. No. 2004-12, § 1, 5-4-2004; Ord. No. 2004-28, § 1, 8-3-2004; Ord. No. 2004-32, §§ 1, 3, 9-7-2004; Ord. No. 2007-21, § 1, 6-5-2007; Ord. No. 2020-16, § 1, 6-16-2020; Ord. No. 2020-31, § 1, 11-17-2020; Ord. No. 2022-02, § 1, 1-18-2022; Ord. No. 2023-19, § 1, 9-19-2023; Ord. No. 2024-13, § 1, 6-18-2024)

Cross reference— Businesses, ch. 26.

Sec. 82-235. - CG commercial general district.

(a)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the CG district except for one or more of the following uses:

Any building having multiple users shall be a conforming use under section 82-235(a) provided that less than 50 percent of the total square footage of said building is used for office purposes.

Any use permitted in the CC district.

Agricultural implement sales and services, on an open lot or within a building.

Ambulance service.

Antique shops.

Art galleries and studios.

Automobile laundry.

Automobile sales and services, new and used, on an open lot or within a building.

Automobile service station.

Automobile parts and accessory stores.

Bait shops, live.

Beverages, nonalcoholic, bottling and distribution.

Carpet and rug cleaning business.

Contractors offices and shops, when fabricating is done on the premises and when all storage of material and equipment is within a building (i.e., lumberyards, contractor equipment rental, cabinet shop).

Monument sales, on an open lot or within a building, but not including the cutting or grinding of stones.

Motorcycle sales and repairs.

Newspaper distribution agencies.

Sales and service of mobile homes, travel trailers and motor homes.

Tanning booths.

Trailer sales and rental, on an open lot or within a building.

Veterinary clinic.

Veterinary office and hospital.

Accessory use, including off-street parking and loading facilities as permitted or required in accordance with the provisions of this chapter.

(b)

Special uses. The following uses may be allowed by special use permit in the CG district in accordance with the provisions of this chapter:

Automobile body and fender repair, including welding.

Automobile (car) washes.

Automobile repair, major.

Buildings in excess of three and one-half stories in height.

Construction of billboards.

Construction of radio towers.

Liquor establishments, including package liquor stores and taverns.

Outdoor theaters.

Parking Lot, which is accessory to and serving a principal use on a separate parcel which is not within, but adjacent to, village limits.

Public service uses, including:

Filtration plant, pumping station and water reservoir.

Sewage treatment plant.

Police and fire station.

Telephone exchange.

Electrical and gas substations and booster stations.

Other governmental uses.

Radio and television towers, commercial.

Recreational cannabis sales.

Sexually oriented business may not be operated within 1,000 feet of the following previously established uses:

A church, synagogue or regular place of worship.

A public or private elementary or secondary school.

Any property legally used or zoned for residential purposes.

A public park.

A day care facility.

Another sexually oriented business.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually oriented business, or to the nearest boundary of a residential zoning district. Nothing in this subsection shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state or federal law including, but not limited to, obscenity and prostitution.

Storage facilities.

Tattoo parlors.

Teen entertainment centers.

Truck and trailer service.

Water detention area.

Welding shops.

Wildlife parks.

Wind-operated energy devices, for site service only, provided that the lot area has a minimum of 2.5 acres.

(c)

Yards. No building in the CG district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front. A front yard of at least 30 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yards shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. Side yards of at least five feet for building under 25 feet in height. For buildings exceeding 25 feet in height, the minimum side yard shall be increased by one foot for each four feet or fraction thereof by which the building height exceed 25 feet, but in no case shall a side yard of more than 60 feet be required.

(3)

Corner lots. On corner lots, where the side yards adjoin a street, the side yards shall be determined in the same manner as the front yards.

(4)

Rear. A rear yard of not less than 25 feet.

(d)

Height. In the CG district no building shall be erected or altered to a height in excess of 120 feet or ten stories, whichever is higher.

(Code 1974, § 22-44; Ord. No. 2000-2, § 1, 3-7-2000; Ord. No. 2002-30, § 1, 5-21-2002; Ord. No. 2003-43, § 1, 11-18-2003; Ord. No. 2004-12, § 1, 5-4-2004; Ord. No. 2004-28, §§ 1, 4, 8-3-2003; Ord. No. 2004-33, §§ 1, 3, 9-7-2004; Ord. No. 2007-21, § 1, 6-5-2007; Ord. No. 2020-16, § 1, 6-16-2020; Ord. No. 2024-13, § 2, 6-18-2024)

Cross reference— Businesses, ch. 26.

Sec. 82-261. - OF office district.

(a)

Purpose. The OF office district is established to accommodate business and professional offices and institutional uses. This district is applied to select locations throughout the village being less restrictive than the residential districts and, generally more restrictive than commercial districts.

(b)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the OF office district, except for one or more of the following uses:

Assisted living facilities.

Banks/savings & loans.

Business associations, professional membership organizations, labor unions, civic, social and fraternal organizations.

Charitable institutions.

Day nursery schools.

Employment agencies.

Entertainment and convention center.

Fraternal and philanthropic uses or institutions.

Funeral homes.

Go Kart race track facilities.

Golf courses, including driving ranges.

Hospitals, medical clinics (out-patient) and medical facilities including in-patient care.

Institutions for the aged and for children.

Laboratories: Medical, dental, research, experimental and testing; provided that no production or manufacturing of products takes place.

Library.

Loan offices.

Medical facilities.

Meeting halls.

Office, businesses and professional including dental offices.

Physical, cultural and health services.

Private clubs and lodges.

Radio and television broadcasting studios.

Rectories, seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation.

Rest homes, nursing homes and sanitarium for human beings only.

Schools: Music, dance, art, barber, beauty, business, stenographic, correspondence, driving, nursing, commercial or trade.

Schools: day or nursery, public or private.

Schools: public denominational, or private.

Senior living facilities.

Telephone offices.

Telephone exchange and equipment essential to its operation in the interest of public convenience and necessity, and including business offices in conjunction herewith.

Undertaking establishments, funeral parlors or mortuaries.

Welfare services.

Accessory uses, including off-street parking and loading facilities.

(c)

Special uses. The following uses may be allowed in the OF district by special use permit:

(1)

Community swimming pools or clubs as defined in this chapter with the following restrictions:

a.

The swimming pools shall have an area no greater than 5,000 square feet and shall be on a lot with an area of not less than two acres.

b.

Every pool, building or paved play area shall be no less than 100 feet distant from every abutting property line in any residential district.

c.

Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district.

d.

The sale of refreshments shall be from the principal building.

(2)

Independent off-street open parking areas, provided that there is a need for this facility in the interest of public necessity and convenience, and that no appropriate site is available in nearby business or manufacturing districts.

(3)

Public service uses, including:

a.

Filtration plants, pumping stations and water reservoirs.

b.

Sewage treatment plants.

c.

Police and fire stations.

d.

Telephone exchanges.

e.

Electric substations.

f.

Other similar public service uses.

(4)

Radio and television tower.

(5)

Dwelling units above the first floor consistent with the R4 district.

(6)

Wind-operated energy devices for site service only, provided that the lot area has a minimum of 2.5 acres.

(7)

Hospitals, medical clinics (outpatient) and medical facilities including inpatient care.

(8)

Rest homes, nursing homes and sanitariums for human beings only.

(9)

Building in excess of eight stories in height.

(10)

Water detention area.

(d)

Lot size. Lot size requirements for the OF district are as follows:

(1)

The minimum lot size in the OF district shall be 8,800 square feet.

(2)

Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot which provided a minimum of 1,450 square feet of land area for each dwelling unit.

(3)

Every special use permitted in the OF office district shall be located on a lot the size of which shall be specified at the time of special use permit is authorized.

(e)

Yards. No building in the OF district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement.

(1)

Front. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. For buildings exceeding 25 feet in height, the minimum front yard determined above shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard or more than 60 feet be required.

(2)

Side. On every zoning lot, side yards shall be provided as follows:

a.

Every principal permitted use shall have a side yard on each side of not less than six feet and a combined total of yards of not less than 15 feet when the structure is not more than 25 feet in height.

b.

For principal structures exceeding 25 feet in height, the minimum side yard shall be increased by one foot for each four feet or fraction thereof by which the building exceeds 25 feet.

c.

On corner lots, where the side yard adjoins a street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street with a minimum of 30 feet, but in no case shall a side yard of more than 60 feet be required.

(3)

Rear. A rear yard of not less than 25 feet.

(f)

Height. In the OF district, no building shall be erected or altered to a height in excess of 75 feet or eight stories.

(g)

Maximum site coverage. The maximum site coverage in the OF district shall not exceed 50 percent of the lot area.

(Code 1974, § 22-45; Ord. No. 2004-31, § 2, 9-7-2004; Ord. No. 2004-32, § 2, 9-7-2004; Ord. No. 2004-33, § 2, 9-7-2004; Ord. No. 2022-07, § 1, 2-1-2022)

Cross reference— Businesses, ch. 26.

Sec. 82-281. - IL industrial district.

(a)

Purpose. The IL district is intended to accommodate light industrial, wholesale and research establishments. The IL district may be located in various areas throughout the village and may be in close proximity to residential neighborhoods and not be detrimental to residential uses because of its limited nature. While most often applied to areas where the location of particular industries has no district relationship to other nearby business or industrial districts, it may also be formed as an adjunct to these established districts.

(b)

Required conditions. Required conditions in the IL district are as follows:

(1)

All production, processing, servicing, testing, repair or storage of materials, goods or products shall take place within completely enclosed buildings.

(2)

All uses shall comply with the performance standards as cited in the Environmental Protection Act as set forth in 415 ILCS 5/1 et seq.

(c)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the IL district except for one or more of the following uses:

(1)

Any productions, processing, servicing, testing, repair or storage of materials, goods or products but not including any of the uses listed as permitted in the IH district.

(2)

Public and community service uses as follows:

a.

Electric and gas substations.

b.

Fire stations.

c.

Municipal or privately owned recreation buildings or community centers.

d.

Parks and recreation areas.

e.

Police stations.

f.

Radio and television towers.

g.

Telephone exchanges.

h.

Water filtration plants.

i.

Water pumping stations.

j.

Water reservoirs.

(3)

Temporary buildings for construction purposes, not for human habitation and not to exist after termination of the project.

(4)

Accessory uses, including off-street parking and loading as permitted or required in this chapter.

(5)

Any use permitted under section 82-261, OF office district.

(6)

Storage buildings, mini.

(7)

LP gas for commercial dispensing.

(8)

Storage, warehousing, wholesaling and local cartage and express.

(d)

Special uses. The following uses may be allowed in the IL district by special use permit in accordance with the provisions of this chapter:

(1)

Any use which may be allowed as a permitted use and a special use in the CG district.

(2)

Airport or aircraft landing fields.

(3)

Motor freight terminals.

(4)

Stadiums, auditoriums and arenas.

(5)

Theaters, outdoor drive-ins.

(6)

Any industrial use which, by the nature of conditions placed upon it, can be compatible with the proposed and required conditions of the IL district. In establishing such conditions, the zoning board of appeals shall consider the impact of the use as it is discernible from or beyond the property lines, taking into account generated vibration, noise, odors, smoke, particulate, chemical or other debris emissions, electro-magnetic radiation, including light sources or reflected glare, potential for traffic congestion, and any other parameters particular to the proposed use and which have a bearing on the public health, safety and welfare. In addition, all hazardous influences shall be confined to completely enclosed buildings.

(7)

Wind-operated energy devices, for site service only, provided that the lot area has a minimum of 2.5 acres.

(8)

Storage of materials, goods or products outside of completely enclosed buildings, but within sight tight fences of not less than eight feet nor more than 12 feet in height.

(9)

LP gas for commercial and/or fleet operations.

(10)

Water detention area.

(11)

Storage and warehousing, wholesale establishments and local cartage and express.

(12)

Sexually oriented business, subject to the following special uses criteria:

a.

A sexually oriented business may not be operated within 1,000 feet of the following previously established uses:

1.

A church, synagogue or regular place of worship

2.

A public or private elementary or secondary school

3.

Any property legally used or zoned for residential purposes

4.

A public park

5.

A day care facility

6.

Another sexually oriented business

b.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually oriented business, or to the nearest boundary of a residential zoning district.

c.

Nothing in this subsection shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state or federal law including, but not limited to, obscenity and prostitution.

(13)

Solar farms.

(14)

Data center as a planned community development (PCD) subject to the special uses criteria set forth in paragraph (16) below:

(15)

Cryptocurrency mine as a planned community development (PCD) subject to the special uses criteria set forth in paragraph (16) below:

(16)

Special criteria for PCD allowed by paragraph (14) and (15) above:

a.

A petition for a special use permit under this paragraph shall be considered on a case-by-case basis, evaluated based on the entirety of the circumstances affecting the subject property, and the adjacent properties, including, but not limited to, existing uses and the intended future uses in the comprehensive plan. The village board shall not approve such special use permit unless it is satisfied that the special use permit will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, will not impede the normal and orderly development of surrounding properties. In addition, the village board must be satisfied that there is adequate capacity on electrical power supply lines and substations for the HDL, sufficient water supply, noise pollution controls, safety and security measures. Employment density to infrastructure investment shall also be considered. Furthermore, before permitting a cryptocurrency mine or data center, the following requirements will be met:

1.

A site plan with all applicable requirements of chapter 50 planning, article III site plan review, shall be submitted as part of the petition for a special use permit under this paragraph.

2.

Buildings shall be located a minimum of 100 feet from a residential district with a buffer and landscaping plan approved by the village. Private roadways and fences are permitted within this 100 foot setback.

3.

Shall be a permanent structure(s) with foundation constructed to the applicable codes as adopted by the village.

4.

Structure(s) shall be designed and constructed to conform to the general character of the area in which it is located.

5.

The use of cargo containers, railroad cars, semi-truck trailers, truck van body and other similar storage containers for any component of the operation is strictly prohibited.

6.

Noise levels shall be in compliance with the applicable Illinois Pollution Control Board (IPCB) regulations (35 Illinois Administrative Code, Subtitle H: Noise, Parts 900, 901, 910). If located within 1,500 feet of a residential dwelling, a noise analysis by a qualified professional that demonstrates compliance with the IPCB noise regulations shall be submitted. The analysis shall include manufacturer' s sound power level characteristics and other relevant data regarding noise characteristics of all proposed equipment.

7.

If water is used for cooling, the source and adequacy of the supply shall be provided.

8.

Report from the electric utility company:

i.

Adequate capacity is available on the supply lines and substation for the proposed HDL development and to serve the current and future needs of the area and is consistent with the normal projected load growth envisioned by the electric utility company;

ii.

Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the HDL development; and

iii.

The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises.

9.

Annexation and/or development agreement(s) shall be entered into with the Village setting forth the terms and conditions applicable to the construction and use of the cryptocurrency mine or data center. For any cryptocurrency mine(s) or data center(s) which: (i) receives state level tax incentives, and (ii) are comprised of buildings totaling at least 100,000 square feet or are located on land (or parcels of land) totaling 50 acres or more, such annexation or development agreement shall include the imposition of an annual payment to the village, for costs to the village and the benefits.

10.

Buildings and structure(s) shall not exceed 80 feet in height.

(e)

Yards. No building or structure in the IL district shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:

(1)

Front. A front yard of at least 25 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. A side yard equal to at least ten feet; except, on corner lots where the side yards adjoin a street, the side yard shall be the same as the front yard.

(3)

Rear. A rear yard equal to at least ten feet except on a zoning lot abutting a residential district, a rear yard of at least 25 feet in depth is required.

(f)

Height. In the IL district no building shall be erected or altered to a height in excess of 45 feet, except as otherwise provided herein by planned community development.

(Code 1974, § 22-46; Ord. No. 2004-32, § 3, 9-7-2004; Ord. No. 2004-33, § 3, 9-7-2004; Ord. No. 2021-02, § 1, 3-16-2021; Ord. No. 2024-19, § 2, 11-4-2024)

Cross reference— Businesses, ch. 26.

Sec. 82-282. - IG industrial district.

(a)

Purpose. The IG industrial district is intended to accommodate those industrial uses which may not or cannot meet standards of the IL district yet do not have the objectionable influences of those uses found in the IH district. The IG district should not, where possible, be located in close proximity to a residential district.

(b)

Required conditions. Required conditions in the IG district are as follows:

(1)

All production, processing, servicing, testing, repair or storage of materials, goods or products shall take place within completely enclosed buildings; except, that outdoor storage of materials shall be within completely enclosed areas with a perimeter fence of not less than eight feet nor more than 12 feet in height.

(2)

All uses shall comply with the performance standards as cited in the Environmental Protection Act as set forth in 415 ILCS 5/1 et seq.

(3)

Wholesaling and warehousing; local cartage and express facilities (but not including motor freight terminals).

(c)

Permitted uses. Unless otherwise provided for in this chapter, no building or land may be used, and no buildings may be erected, converted, enlarged or structurally altered in the IG district except for one or more of the following uses:

(1)

Any use permitted in the IL district.

(2)

LP gas for fleet operations.

(d)

Special uses. The following uses may be allowed in the IG district by special use permit in accordance with the provisions of this chapter:

(1)

Any use which may be allowed as a special use in the IL district.

(2)

Junkyards and automobile wrecking yards, provided that they are contained within completely enclosed buildings or screened from view from adjacent property or rights-of-way.

(3)

Racetracks.

(4)

Railroad roundhouses, maintenance buildings and switching yards.

(5)

Sanitary landfill.

(6)

Water detention area.

(7)

Sexually oriented business, subject to the following special uses criteria:

a.

A sexually oriented business may not be operated within 1,000 feet of the following previously established uses:

1.

A church, synagogue or regular place of worship.

2.

A public or private elementary or secondary school.

3.

Any property legally used or zoned for residential purposes.

4.

A public park.

5.

A day care facility.

6.

Another sexually oriented business.

b.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually oriented business, or to the nearest boundary of a residential zoning district.

c.

Nothing in this subsection shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state or federal law including, but not limited to, obscenity or prostitution.

(8)

Solar farms.

(e)

Yards. No building or structure in the IG district shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:

(1)

Front. A front yard of at least 25 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. A side yard equal to at least ten feet; except, on corner lots, where the side yard adjoins a street, the side yard shall be the same as the front yard.

(3)

Rear. A rear yard equal to at least ten feet except on a zoning lot abutting a residential district, a rear yard of at least 25 feet in depth is required.

(f)

Height. In the IG district, no building shall be erected or altered to a height in excess of 75 feet.

(Code 1974, § 22-47; Ord. No. 2021-02, § 1, 3-16-2021)

Cross reference— Businesses, ch. 26.

Sec. 82-283. - IH heavy industrial district.

(a)

Purpose. The purpose of the IN district is to accommodate those heavier industrial uses which have objectionable influences, but which nevertheless, should be provided for in the community. The IH district is, insofar as it is possible, applied to locations removed from the residential districts on the basis of linear distance or natural or manmade features.

(b)

Required conditions. All uses in the IH district shall comply with the performance standard cited in the Environmental Protection Act as set forth in 415 ILCS 5/1 et seq.

(c)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used and no building may be erected, converted, enlarged or structurally altered in the IH district except for the following uses: any use listed as a permitted use in the IG district.

(d)

Special uses. Special uses in the IH district are as follows:

(1)

Any use which may be allowed as a special use in the IG district, unless already permitted under subsection (c) of this section, may be allowed by special use permit in accordance with the provisions of this chapter.

(2)

Sexually oriented business, subject to the following special uses criteria:

a.

A sexually oriented business may not be operated within 1,000 feet of the following previously established uses:

1.

A church, synagogue or regular place of worship

2.

A public or private elementary or secondary school

3.

Any property legally used or zoned for residential purposes

4.

A public park

5.

A day care facility

6.

Another sexually oriented business

b.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually oriented business, or to the nearest boundary of a residential zoning district.

c.

Nothing in this subsection shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state or federal law including, but not limited to, obscenity and prostitution.

(3)

Solar farms.

(e)

Yards. No building or structure in the IH district shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings: A side yard equal to at least ten feet; except, on corner lots where the side yard adjoins a street, the side yard shall be the same as the front yard.

(f)

Height. In the IH district, no building shall be erected or altered to a height in excess of 100 feet.

(Code 1974, § 22-48; Ord. No. 2021-02, § 1, 3-16-2021)

Cross reference— Businesses, ch. 26.

Sec. 82-301. - Purpose.

The PK park district is intended to allow those governmental agencies which own real estate to designate publicly held lands to provide for recreational and open space areas for their communities.

(Code 1974, § 22-49(1))

Sec. 82-302. - Permitted uses.

Unless otherwise provided in this division, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in the PK district except for one or more of the following uses:

(1)

Sports center facilities; sports fields.

(2)

Recreational facilities and their offices, excluding community swimming pools.

(3)

Golf courses, parks and playgrounds.

(4)

Accessory structures located on the same site and used in a manner to further promote the site's principal use.

(Code 1974, § 22-49(2))

Sec. 82-303. - Special uses.

The following uses may be allowed in the PK district by special use permit in accordance with the provisions of this chapter:

(1)

Community swimming pools;

(2)

Public service uses;

(3)

Wildlife habitats or refuges;

(4)

Concession stands;

(5)

Historical sites and landmarks;

(6)

Water detention areas; and

(7)

All permitted uses in a CN commercial neighborhood district.

(Code 1974, § 22-49(3))