(a)

On lots or on portions of lots or on any legal combination of lots where the lots were created as part of a subdivision prior to January 1, 1965, and where these lots are located in the R-E, R-IA, and R-1 residential districts, a garage shall be required but may be detached from the main structure. Otherwise, in the R-E, R-IA, and R-1 residential districts, garages shall be required and be attached to the main structure.

In the R-2 general residence district, garages shall be required but may be attached or detached from the main structure.

Except as noted herein, in all cases only one garage per zoning lot shall be permitted which shall not exceed 899 square feet in size and shall be constructed in a manner consistent with the architectural style of the main structure located on adjacent zoning lots. An attached garage, in all areas, shall be an integral part of the main structure with a minimum of 30 percent of one common wall attached to the main structure.

Within the areas zoned R-2 and where the lots of record were created prior to June 1, 1988, one garage per each full increment of 10,000 square feet of zoning lot may be permitted. Such garages shall in all other respects conform to the above noted size and attachment requirements where attached garages are built.

(b)

Each accessory use shall be located within the prescribed rear yard setbacks of the district in which it is located.

(c)

No accessory building or structure shall be constructed prior to the start of construction of the principal building to which it is accessory.

(d)

In residential districts no accessory building shall exceed the height of the principal building, nor exceed the height of 20 feet.

(e)

The size of an accessory building shall not be greater than 200 square feet and no sidewall dimension shall exceed a length of 14 feet; guesthouse square footage shall not exceed 50 percent of the square footage of the main floor of the principal structure.

(f)

Accessory buildings shall be bolted to a concrete slab. The exterior finish must be masonry, painted wood, stained wood, aluminum siding, vinyl siding, tempered or laminated glass and shall not include sheeting.

(g)

On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard or the adjacent lot to the rear. In the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.

(h)

Accessory buildings shall be the same distance from lot line in applicable district where located.

(i)

A permit must be secured for all accessory buildings.

(Ord. No. 850, § 8.4, 5-24-82; Ord. No. 88-3, § 1, 3-14-88; Ord. No. 89-31, § 2, 12-11-89; Ord. No. 95-04, § 2, 3-13-95; Ord. No. 2001-04, § 2, 1-22-01; Ord. No. 2003-49, § 2, 11-24-03; Ord. No. 2012-03, § 2, 2-13-12)

(a)

All buildings and structures erected after May 28, 1982, shall be served by a public sewage disposal system and also be served by and connected to the village central water supply system. Such sewer and water facilities shall meet all village, county and state requirements.

(b)

In the event that the sewage disposal system or water supply system is within 200 feet of any zoning lot and, after referral to the village engineer for development of a feasibility report, the village engineer determines that it is feasible for the particular zoning lot to be connected to either or both systems, then the owner of such zoning lot shall be required to extend the sewer and/or water system to the zoning lot and thence across the frontage thereof, or in any other manner as may be approved by the village, to the other side of the width of the particular zoning lot. The size of the improvement (here, referring to sewer and/or water system extensions) and any other engineering requirements shall be determined by application of engineering standards and review of the village's capital improvement plans.

(c)

Prior to the issuance of a building permit, the village and owner(s) of the subject zoning lot or lots shall enter into an agreement with one another providing for the application of the provisions of subsection (b) of this section. Such agreement shall include, but not by way of limitation, terms and provisions establishing an equitable means for providing for the recapture of costs that are not to be borne solely by the owner of the particular zoning lot or lots in question. Also, such agreements shall provide assurance to the village that the sewer and/or water connection and extension will be constructed in accordance with village plans and requirements, completed within a reasonable period of time following its undertaking and require that the lot owner(s) post with the village clerk sufficient cash to cover all improvements or an irrevocable letter of credit in a form acceptable to the village from a financial institution acceptable to the village.

(d)

In the event that the village engineer, through the application of a feasibility study, determines that it is not feasible for a particular zoning lot or lots to be connected to the village sewage and/or water systems, the owner or owners of the particular zoning lot or lots shall be granted an exception to the application of the requirements of subsection (a) of this section. The exception shall entitle the owner or owners of a zoning lot or lots to install private sewage treatment facilities and/or an individualized well, provided, however, that such sewage and water facilities shall be approved by the Will County Health Department and meet any applicable requirement imposed by either the village or the Will County Health Department. In the event that an exception is allowed as hereinabove provided, the owner or owners of the subject zoning lot or lots will be allowed to develop and improve such zoning lot or lots by using a private sewage treatment facility and/or individualized and private well; nevertheless, in the event that the village public sewer or public water systems are extended to within 200 feet of any lot line of the particular zoning lot or lots, then, and in that event, the owner or owners of such zoning lot or lots, upon receiving notice and demand from the village requesting that he, or they, disconnect from such private sewage and water systems and connect to the village public sewage and water systems, shall connect to such public sewage and water systems at his, or their, sole cost and expense.

(Ord. No. 850, § 8.5, 5-24-82; Ord. No. 89-31, § 3, 12-11-89)

(a)

Every outdoor swimming pool, whether above ground or level with the ground, having a maximum depth of over 18 inches shall be completely surrounded by a fence not less than five feet in height. A building or existing wall may be used as part of such enclosure. The walls of any above ground swimming pool shall not be deemed to constitute such a fence in and of themselves. Such required fence shall comply with all requirements of other village ordinances pertaining to fences, and the provisions of this section shall not be construed to require or permit any fence heights greater than permitted by such other ordinances.

(b)

All gates or doors opening through the required fence shall be designed to permit locking and shall be kept locked when the pool is not in actual use or when the pool is unattended. All such gates or doors shall be self-latching and shall have the latches placed at least four feet above the ground or otherwise made inaccessible to small children.

(c)

No swimming pool shall be located within ten feet of a septic absorption field.

(Ord. No. 850, § 8.6, 5-24-82)

The development of air rights above land located in any zoning district and utilized for public or private use, shall be permitted subject to all the requirements of the zoning district within which such development is located. However, plans for all such air rights development shall be submitted to the plan commission for its recommendations as to the appropriateness of the development in regard to the location of structures, traffic control, placement of utilities, and all other matters related to the physical development of said air rights. Such recommendations shall be forwarded to, and shall be subject to the approval of, the board of trustees in the same manner as special uses.

(Ord. No. 850, § 8.7, 5-24-82)

(a)

Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot within the R-E, R-1A, R-1 or R-2 districts. No principal detached residential building shall be located on the same zoning lot as any other principal building.

(b)

No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership, unless the division shall conform with all the applicable provisions of chapter 23 of this Code and this chapter.

(c)

On vacant through lots the front lot lines shall be along the street right-of-way designated by the zoning administrator except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.

(d)

On a corner lot the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The other lot line abutting the street right-of-way shall be considered the corner side lot line.

(e)

Where two or more permitted or special uses, each requiring a minimum area and frontage are provided in the same building or on the same lot, the required area and frontage shall be the sum of the areas and frontage required for each use individually.

(f)

Every lot shall have frontage on a dedicated street. Such frontage shall be at least 50 percent of the required lot width for the district in which such lot is located. Each lot containing a permitted or special use shall provide for ingress and egress to a dedicated street in a manner that conforms with the standards for design and location of the appropriate state, county and village requirements.

(g)

In the event that a vacant zoning lot abuts upon a dedicated but unimproved road or street and is located adjacent to or within 200 feet of the existing road, and such road has been improved with curbs and gutters, the right-of-way abutting the vacant zoning lot shall be improved with a road having curbs and gutters; the extension of such road shall be constructed in all respects in compliance with the current standards governing road construction as noted in chapter 23 (entitled "subdivisions") of the Crete Municipal Code. Such improvement must be completed prior to the issuance of the village occupancy permit on any effective zoning lot or lots.

(h)

In the event that a vacant zoning lot abuts upon a dedicated but unimproved road and is within 300 feet of an existing road which has no curb and gutter improvements, the owner of such zoning lot or lots shall be required to install a road having a minimum width of 24 feet which will fully comply with all standards required of such construction as noted in chapter 23 (entitled "subdivisions") of the Crete Municipal Code. Such improvement must be completed prior to the issuance of the village's occupancy permit on any effective zoning lot or lots.

(i)

Prior to the issuance of a building permit, the village and owner(s) of the subject zoning lot or lots shall enter into an agreement with one another providing for the application of the provisions of subsections (g) and (h) of this section. Such agreement shall include, but not by way of limitation, terms and provisions providing assurance to the village that the road improvement will be constructed in accordance with village plans and requirements, completed within a designated and/or reasonable period of time following the beginning of such road improvements and require that the lot owner(s) post with the village clerk sufficient cash to cover all improvements or an irrevocable letter of credit in a form acceptable to the village from a financial institution acceptable to the village.

(j)

The road improvements required in subsections (g) and (h) of this section shall be extended across the front property line of the particular zoning lot or lots for a minimum distance equal to the required minimum lot frontage required in subsection (f) of this section.

(Ord. No. 850, § 8.9, 5-24-82; Ord. No. 89-31, § 4, 12-11-89)

(a)

The regulations contained in this section shall be supplementary to any floodplain, flood damage prevention, erosion and sedimentation or any other village ordinance relating to floodplains and to all applicable state laws.

(b)

The floodplain regulations contained in this section are established for the following purposes:

(1)

To avoid or lessen the hazards to persons or damage to property resulting from the accumulation or runoff of storm or floodwaters.

(2)

To maintain the capacity of the floodplain to retain floodwaters.

(3)

To provide for the development of floodplain lands with uses not subject to severe damage by flooding and uses which are compatible with the other uses permitted in various zones.

(4)

To avoid the creation of new flood problems.

(c)

No new or existing buildings or structures shall be erected or moved within a floodplain as indicated upon the floodplain map unless the lowest floor, including the basement floor, is at an elevation which is not less than two feet above the flood base elevation for the site; provided, however, that basement floors may be erected below such elevation when the top of any basement wall or the bottom of any opening therein is not less than two feet above such elevation and if plans and calculations for such floor and walls prepared by a licensed engineer or architect clearly indicate that the design is adequate to withstand expected forces and pressures to which it may be subjected.

(d)

The elevation of the ground for a minimum distance of 25 feet immediately surrounding any building or structure erected or moved within a floodplain shall be at an elevation of two feet above the flood base elevation for the site and shall extend in width not less than 25 feet at, or above, such elevation to a public street or accessway.

(e)

The elevation of the finished surface at the crown of any new street constructed within a floodplain shall be not less than two feet above the flood base elevation for the area. The design of such streets or accessways shall be such that the normal direction of course of drainage or runoff through the area is not interrupted.

(f)

If fill or any type of construction which would displace floodwaters is placed within the floodplain, a flood reservoir shall be constructed which shall hold floodwaters of equal volume to the volume of such fill or construction placed below the flood base elevation, all in accordance with the standard specifications of the village. Each such flood reservoir shall have adequate provision of drainage to the waterway.

(g)

The board of trustees may, upon the recommendation of the village engineer, authorize any alternate method of flood control and storm drainage other than that specified herein, provided such alternate method shall be in harmony with the purposes and interest expressed in this chapter and be as effective as the measures provided herein. Upon compliance with the requirement of this chapter, the board of trustees, will, upon request of an affected property owner, authorize the village clerk to issue a certificate of compliance.

(Ord. No. 850, § 8.10, 5-24-82)

Cross reference— Flood hazard areas, § 8-16 et seq.

(a)

The provision of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. No legally required yards, courts or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court or other open space or minimum lot area requirements for any other building.

(b)

All yards, courts and other open spaces allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.

(c)

No yards now or hereafter provided for a building existing on May 28, 1982, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction. However, a yard adjoining a street may be reduced to provide right-of-way for a street widening.

(d)

At the intersection of roads or at the point of ingress and egress onto roads no structure, parked vehicle or plant material shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within a triangular square determined by a diagonal line connecting two points measured 75 feet equidistant from the point of intersection with the center lines of the roads and the points of ingress and egress.

(e)

The following shall not be considered to be obstructions when located in the required yards specified:

(1)

In all yards:

a.

Open terraces not over three feet above the average level of the adjoining ground, but not including permanently roofed over terrace or porch;

b.

Awnings and canopies, but not projecting more than ten feet out, and at least seven feet above the average level of the adjoining ground;

c.

Steps, four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

d.

Chimneys projecting 18 inches or less into the yard;

e.

Arbors, trellises, flag poles, fountains, sculptures, plant boxes and other similar ornamental objects; and

f.

Fences, walls and hedges subject to the provisions of section 28-253.

(2)

In front yards: One story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yard.

(3)

In rear yards: Enclosed, attached or detached off-street parking spaces, accessory shed, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard. In any residential district, no accessory shall be nearer than ten feet to any principal building unattached.

(4)

In side yards: Overhanging eaves and gutters projecting into the yard for a distance not exceeding two feet.

(Ord. No. 850, § 8.11, 5-24-82)

(a)

No fence, wall or hedge shall be constructed or erected except as provided in this chapter.

(b)

No fence or wall shall be erected or substantially altered prior to receiving a building permit for such purposes.

(c)

No private fences, walls or hedges shall be allowed or constructed on public street, highway or alley right-of-ways. Fences or hedges may be placed on public utility easements provided such fences or hedges do not interfere in any way with existing underground, ground or overground utilities. The village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged or destroyed by virtue of the lawful use of said easement. Fences in violation of this subsection may be summarily removed by the village.

(d)

Barbed wire or barbed wire fences shall not be allowed on property in residential districts or on lots in any district being used for residential purposes. Barbed wire or barbed wire fence shall not be allowed in commercial or industrial districts where:

(1)

The barbed wire is located along a property line that abuts a residence district.

(2)

The barbed wire is located along a property line abutting a lot used for residential purposes.

(3)

The barbed wire would be located in any required front or corner side yard.

(e)

No fence or wall shall be constructed of material intended to inflict bodily harm to a person attempting to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, razor blades and sharp or ragged metal spikes or spears. Barbed wire may be used only as authorized in the article.

(f)

All fences and walls shall be constructed in conformity with the wind, stress, foundations, structural and other requirements of the building code and other applicable ordinances of the village.

(g)

All fences, walls and hedges shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition.

(h)

Fences, walls and hedges may be permitted in residence districts only in accordance with the following provisions:

(1)

Fences, walls and hedges located in the rear yard and interior side yards shall not exceed six feet in height.

(2)

With the following exception no fences, walls or hedges shall be permitted in any front or corner side yards.

a.

Fences intended primarily for aesthetic purposes. Such fences shall not exceed three feet at its uppermost horizontal level or 42 inches to the top of its uppermost post. At least 50 percent of the square footage of the overall dimensions of the fence shall be open. Such fence shall not have a linear length of greater than 50 percent of the lot width at the building setback line. A woven wire or cyclone type fence shall not be considered a decorative fence.

b.

Hedges that do not exceed either three feet in height or ten feet in linear length may be permitted.

c.

Decorative walls, or similar brick or concrete structures may be permitted provided such structures do not exceed three feet in height or a total of 30 linear feet in length.

(i)

Fences, walls and hedges in all commercial and industrial districts may only be permitted in accordance with the following provisions:

(1)

Fences, walls and hedges located in the rear yard and that portion of the interior side yards located between the rear lot line and building setback line, shall not exceed eight feet in height.

(2)

With the following exceptions no fences, walls or hedges shall be permitted in any front or corner side yard.

a.

Fences intended primarily for aesthetic purposes. Such fences shall not exceed 48 inches at its uppermost horizontal level or 54 inches to the top of its uppermost post. At least 50 percent of the square footage of the overall dimensions shall be open. (A woven wire or cyclone type fence shall not be considered a decorative fence).

b.

Hedges that do not exceed either three feet in height or ten feet in linear length may be permitted.

c.

Decorative walls or similar brick or concrete structures may be permitted; provided such structures do not exceed three feet in height or 20 linear feet in length. A wall or similar structure exceeding the previous standards with the title and basic description information of the business located on that lot may be allowed as a permitted sign, in accordance with article X.

(3)

Barbed wire or a barbed wire fence may be used, where not specifically prohibited in this chapter under the following conditions:

a.

The barbed wire or barbed wire fencing is located in the rear yard or that portion of the interior side yard located between the rear lot line and the building setback line and such wire is only used on the top 18 inches of any fence; or

b.

The board of trustees has issued a permit to use barbed wire or similar materials as a protective device from a particular hazard.

(j)

Such screening that may be required by other provisions of this chapter should be in accordance with the provisions of this section. Where a discrepancy between the location of screening required by another provision of this chapter and the provisions of this section exists the zoning administrator shall determine the applicable provisions.

(k)

The board of trustees may upon written application vary the requirements of this section if presented with evidence of a specific hardship or unique circumstances that could be abated by varying the standards of this section.

(Ord. No. 850, § 8.12, 5-24-82)

(a)

A site plan shall be submitted to the zoning administrator for review and approval by the board of trustees in the following situations:

(1)

Where specifically required in this chapter.

(2)

Prior to receiving zoning certification for the establishment of a new commercial or industrial use or building or a substantial modification of an existing commercial or industrial use or building.

(3)

Where a special use permit is applied for.

(4)

Where a zoning map amendment is applied for.

(b)

The following information shall be included on all site plans:

(1)

The name and address of the owner of the land in question and of the use located on such land.

(2)

The name of development, north arrow, scale, date of preparation, name and address of preparer.

(3)

The zoning on and adjacent to the tract.

(4)

The boundary lines, bearings and distances and overall area of the tract.

(5)

The location of any buildings and structures, setback distances and distance between structures.

(6)

The location, configuration, access, ingress and egress, number of spaces and construction specifications of all parking areas.

(7)

Utilities on, adjacent to, the tract. The location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; directions and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevations of sewers.

(8)

Areas to be landscaped and a general description of such landscaping.

(9)

Floodplains, if any.

(10)

Streets on, and adjacent to, the tract—Street name, right-of-way width, curbs, walks, gutters, drainage ditches, culverts, etc.

(11)

The number of square feet of each building and use within such buildings.

(12)

Easements and their location, width and purpose.

(13)

Internal uses of each building or structure, as well as the overall land use.

(14)

The legal description and property tax number.

(15)

Subsurface conditions on the tract, if required by the village engineer.

(16)

The location and width of sources of ingress and egress.

(17)

Preliminary architectural plans for all buildings.

The zoning administrator may waive or vary the previous requirements upon request if the information exists or if the information is clearly not necessary due to the nature or size of the proposal.

(Ord. No. 850, § 8.13, 5-24-82)

(a)

In all single-family detached, single-family attached and in all single-family semi-detached dwellings, built after October 15, 2005, exterior walls shall be constructed of face brick, decorative stone or other village-approved masonry products. Said exterior shall commence from the finished grade and shall extend to the uppermost portion of the first story of such dwelling but in no event shall be less than eight feet above grade.

Brick or other significant architectural design features shall be used in order to accomplish the design of the building and use of accent areas is encouraged.

(b)

The exterior of all multifamily structures shall be constructed of face brick, decorative stone or other approved masonry products, or combination thereof.

(c)

All commercial development other than development in I-1 limited industrial district and I-2 Gateway Commerce District, (including retail, office, hotel/motel type development but not industrial development) shall be constructed of face brick, decorative stone or other approved masonry products, or combination thereof.

(d)

Any application to vary the above-listed requirements shall be processed pursuant to division 4 of the Crete Zoning Ordinance.

(Ord. No. 2005-36, § 3, 9-26-05)

Editor's note— Ord. No. 2005-36, § 3, adopted September 26, 2005, deleted § 28-255 in its entirety and enacted new provisions to be designated as § 28-255a. In order to maintain the alpha numeric style of the Code, said provisions have been redesignated as § 28-255. The former § 28-255 pertained to appearance review requirements and derived from Ord. No. 89-32, adopted December 11, 1989.

(a)

Definitions. The following words and terms, when used in this section, shall have the meaning set forth below, except where otherwise specifically indicated:

Adjacent lots: The phraseology "adjacent lots" shall refer to lots which adjoin or share side property lines or lots which share common front property lines which, although separated by a street, provide a line overlap with one another by more than 30 percent.

Streetscape: The term "streetscape" refers to the facade or facades of a single-family dwelling which faces on a public street. The length of a streetscape shall be limited to not more than 20 lots per side of each street. In the event that more than 20 lots abut one another without an intervening cross-street, the village board shall, by ordinance or resolution, establish those lots which shall constitute a separate "streetscape." In making its determination, the village board shall consider the configuration of lots which shall be most influenced and affected by adjacent lots and, where practical, appropriate physical demarkation (e.g. topography, road configuration or natural landscaping). In general, the front orientation of a residence or combined residences shall be determinative of the applicable streetscape.

(b)

General standards. No two single-family dwellings of similar front elevation or facade shall be constructed or located on adjacent lots; nor shall there be constructed or located single-family dwellings of similar front elevation or facade constituting more than 20 percent of the single-family dwellings in any streetscape; nor shall two single-family dwellings of similar front elevation or facade be constructed or located within any four adjacent lots. Front elevations or facades shall be deemed to be similar when there is no substantial difference in roof lines; no substantial change in windows (e.g. either size, location or type), and either no change in the color of materials used (rather than a change in shade), or, no substantial change in the kind of materials.

(c)

Roof lines. For the purpose of this section, the following differences in the roof lines of single-family dwellings as seen from the front of the dwelling shall be deemed sufficient to render buildings containing such changes and built within any four adjacent lots to be dissimilar:

(1)

Changing gable roofs to hip roofs.

(2)

Changing hip roofs to gable roofs.

(3)

Providing an intersecting gable roof on the main gable roof, provided that the height of the intersecting roof is at least 50 percent of the height of the main roof.

(4)

Providing an intersecting hip roof on the main hip roof, provided that the height of the intersecting hip roof is at least 50 percent of the height of the main roof.

(5)

Subject to review by the building inspector, a shed roof, when used as a front porch for a minimum of 50 percent of the entire width of the house, excluding area of garage.

(6)

Subject to review by the building inspector, a substantial difference in roof line shall be deemed to exist if the front soffit is increased significantly and is combined with columns at least six inches in width or other architectural features of a similar magnitude, which reach the roof line of the highest floor.

(7)

Rotating gable roofs 90 degrees on the building.

(8)

On a tri-level residence or other building types which have three independent major roof areas, the changing of two out of three roof lines shall be acceptable as a substantial change. Acknowledging that certain design elements may prevent the changing of all three roof lines, it is desired that the roofs with the greatest impact on the streetscape be changed.

(d)

Unacceptable roof changes. The following changes shall not be deemed sufficient to make adjacent structures dissimilar:

(1)

Gable roof atop a hip roof.

(2)

Hip roof atop a gable roof.

(3)

Small gable or hip projections above windows.

(4)

Window dormers.

(5)

Change in soffit overhang or minor variation in eave height.

(6)

Skylight and cupola.

(e)

Windows. For the purpose of this section the following differences in the size, location or type of windows shall be deemed sufficient to render buildings containing such changes and built within any four adjacent lots to be dissimilar:

(1)

Changing from single windows to a multiple window arrangement (ganged units).

(2)

Changing from multiple window arrangement to a single window.

(3)

Changing the types of windows (e.g. casement to double hung).

(4)

Providing a bay or bow window in the area of the predominant window.

(5)

In the event that because of its size, location or design, one window is the predominant window on the front elevation or facade, if the size, location or type of that window is changed to render the dwelling dissimilar, then no other window need be changed.

(f)

Unacceptable window changes. The following changes shall not be deemed sufficient to constitute a substantial change in window placement and design, namely: The addition or subtraction of muntin bars (dividing lights).

(g)

Construction material or color. For the purpose of this section, the following differences in construction material between any four adjacent single-family dwellings as viewed from the front of the dwellings shall be deemed sufficient to render buildings containing such changes and built on any four adjacent lots to be dissimilar:

(1)

Four-inch exposure horizontal siding.

(2)

Eight-inch exposure horizontal siding.

(3)

Brick facing.

(4)

Vertical siding.

(5)

Stone facing.

(6)

Stucco or staccato board and trim.

(7)

In order to constitute a change in materials, the change must occur throughout the facade or elevation for a minimum of one story in height. Color change shall be made by significant changes in adjacent colors. The change must be one of color rather than merely of shade.

(Ord. No. 89-32, § 1, 12-11-89)

(a)

Within each zoning district, the village board, upon application for such, may issue a permit for a temporary use or structure for similar and compatible uses as permitted within each zoning district.

(b)

The proposed temporary use or structure must be located within the building area of the zoning lot upon which it is to be located.

(c)

Adequate parking and access to the temporary structure or use must be shown on a site plan as required under section 28-254. Such parking must be in excess of any required parking being provided for any other permitted use located on the same zoning lot.

(d)

No additional signs may be permitted except as allowed under section 28-351. All signs shall be located within the buildable area of the zoning lot when approved under section 28-351. Flags, pennants and banners shall be deemed as being signs.

(e)

No temporary use or structure may be used for a period longer than 30 consecutive calendar days unless specifically approved otherwise by the village board. No use or location shall be granted a permit for more than three times within a calendar year.

(f)

All temporary structures must be reviewed and approved by the architectural advisory board. No temporary structure shall be allowed which is not capable of being safe and sound for its intended purpose and for the period of time in which it is to be used.

(g)

All uses must have sufficient electrical, plumbing and other mechanical systems necessary for the protection and welfare of the general public and any employees.

(h)

All outdoor storage must be specifically approved by the village board and be in accord with any conditions or restrictions deemed necessary for the protection and general welfare of the public and protection of adjoining property values.

(i)

All outdoor sales or other activities must be on a hard and durable surface free from dust, water accumulation and other factors that may be harmful or a nuisance to the general public.

(j)

Prior to any approval for a temporary use or structure a site plan and applicant for a business license, if necessary, must be submitted for review and approval, see sections 28-254 and chapter 18 of the Crete Code.

(k)

A performance bond of an amount and form deemed necessary by the village board shall be required to insure proper cleanup and removal of any temporary use or structure but in no case less than $500.00 shall be required except in those situations where the temporary use or structure is under the control of a legally established permanent business located within the village. This exception shall not apply to any person, firm or corporation who is merely associated temporarily with any local business or by conducting such temporary use in connection with, as part of, or in the name of any local business.

(l)

The temporary use or structure permit issued shall be posted conspicuously in a manner that is clearly visible form adjacent public rights-of-way.

(m)

Applicants for a temporary user permit shall pay an applicant fee of an amount as listed in section 2-301, schedule of fees, permits and fines, and an additional amount as listed in the same schedule for the actual permit authorized for issuance. Any use or structure placed into use prior to any permit being issued will cause the fees noted herein to be three times the amount listed.

(n)

The permits issued pursuant to this section may be revoked by the mayor of the village and/or the village trustees after notice and hearing for any of the following causes:

(1)

Any fraud, misrepresentation or false statement contained in the application for a permit;

(2)

Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;

(3)

Any violation of village codes;

(4)

Conviction of the permit holder for any felony or of a misdemeanor involving moral turpitude; or

(5)

Conducting the business or use of property in an unlawful manner or in such a manner so as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(o)

Notice of hearing for revocation of a temporary use or structure shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid to the permit holder, at his last-known address, at least five days prior to the date set for the hearing.

(p)

Any and all fees associated with the use of the property as required by other portions of the Village Code shall be paid at the time of issuance of the permit.

(q)

The above regulations may be varied for special events that are of general public interest and benefit when specifically approved by the village board.

(Ord. No. 87-20, § 1, 5-18-87)

Editor's note— Ord. No. 87-20, § 1, adopted May 18, 1987, enacted provisions pertaining to temporary uses and structures designated as § 28-255. Such provisions were redesignated as § 28-257 in order to accommodate the inclusion of provisions of Ord. No. 89-32 which were designated as §§ 28-255 and 28-256.

(a)

Purpose. Landscaping and screening requirements are designed to minimize the adverse impacts of adjoining land uses by visually separating adjoining uses from one another. The phraseology "adverse impacts" refers to such things as dust, dirt, litter, glare of lights, signs, unsightly advertisements and/or buildings and structures, parking areas or other impacts created in the form of vibration, erosion, odor, air pollution and water pollution.

(b)

Requirements. Unless otherwise provided in the Crete Municipal Code, all yards shall be landscaped and continually maintained with green grass. And except for single-family or two-family structures, every permitted use requiring a parking lot, waste material storage, outdoor storage and the like shall be designed to include a "planting screen" for such parking areas, waste material storage facilities or outdoor storage areas. The "planting screen" shall be of sufficient length and width to achieve a visual separation of the adjoining uses and thereby mitigate the adverse impacts of each adjoining use. Subject to review and approval pursuant to the provisions of section 28-254 (of this article), alternative plans and requirements may be allowed.

(c)

Planting screens. All "planting screens" shall consist of a combination of plant materials of which 50 percent shall be low-growing plants maturing to a height of not more than five feet, 25 percent of which mature to a height of not more than 15 feet, and the remaining 25 percent of which shall mature to a height of at least 25 feet. At least 30 percent of each height category (listed above) shall consist of evergreen plantings. Earthen berms, masonry walls, fences or a combination of such may be used in part as a partial substitute for the "planting screens" required above, provided, however, that any substitute must be reviewed and approved in accordance with the provisions of section 28-254 of the Crete Municipal Code.

(d)

Placement of materials. The plant material used to satisfy the requirements of screening shall be so spaced that a maturity, each specimen will (when viewed in combination with surrounding specimens) form a tangential line. This requirement shall not govern those plant materials that mature to a height of at least 25 feet. Where berms, walls or fences are not used, the plant materials maturing to a height of less than five feet shall be planted at a density equivalent to three rows deep. If a berm, wall or fence is used, the required density of plant material may be reduced by 60 percent. The fence used must be of natural materials and must effectively block visibility.

(e)

Landscaping requirements.

(1)

Commercial districts. In every commercial district, the required front, side and rear yards shall be landscaped in accordance with the following:

a.

Front yards—For every 100 lineal feet of front yard there shall be provided one canopy tree; two understory trees; three shrubs.

b.

Side yards—For every 100 lineal feet of side yard there shall be provided two canopy trees, four understory trees and six shrubs.

c.

Rear yards—For every 100 lineal feet of rear yard there shall be provided three canopy trees, six understory trees, nine shrubs.

d.

The requirements as set forth in subsections (e)(1)a—c hereinabove may be reduced by 50 percent when used in combination with any installation of any fence, wall, berm or any combination thereof.

(2)

Residential districts. In every residential district, the required front, side and rear yards shall be landscaped in accordance with the following and parkway trees shall be required as follows:

a.

Canopy trees shall be planted in the right-of-way at locations identified by village staff at maximum distances of 50 feet from one another. If applicable, subdivision covenants requiring trees be located on private property may affect the placement of right-of-way trees if said private property trees are planted at time of construction. (Prohibited and recommended tree species are listed in section 23-117, Landscaping and screening requirements.)

b.

To ensure all yards are landscaped with grass as required with subsection (b) above, an acceptable performance bond or cash in the amount set annually by the village board is required to be posted with the village prior to the issuance of a provisional occupancy permit by the village in all instances where no grass seed or sod has been installed due to weather related delays. In all instances where a performance bond or cash has been posted, grass seed or sod will be installed within 180 days of issuance of the provisional occupancy permit. A permanent occupancy permit and bond or cash release will be issued upon establishment of healthy, growing grass. Bond or cash will be used for installation of sod upon 21-day notice to the homeowners in accordance with appropriate weather pattern. For the purpose of this section, "appropriate weather pattern" under normal circumstances will refer to April, May, September, October and November. Owners of record are still subject to property maintenance requirements concerning their property including weed control until grass seed or sod is installed.

(f)

Plant types defined. For the purpose of this section, plants maturing to a height of not more than five feet shall be construed as "low-growing plants," and shall include such plants as shrubs and shrubberies, but shall not include grasses or other forms of ground cover. Plants maturing to a minimum height of 15 feet shall be construed as "understory trees." Plants maturing to heights exceeding 25 feet shall be construed as "canopy trees".

(g)

Landscaping of large parking lots. Where off-street parking for 50 or more vehicles is required, in addition to the required "planting screen," a minimum of 25 square feet (for each parking space) shall be dedicated to open space within the perimeter of the whole of the parking area. Such area shall be landscaped. Each such landscaped area, in addition to satisfying the 25-square-foot requirement aforementioned, shall not be less than 100 square feet in area, nor less than ten feet wide, and shall be located so that no parking space shall be more than eight parking spaces in distance therefrom. The landscaping of such areas shall include a minimum of three canopy trees, two understory trees, and six shrubs for every 500 square feet of required landscaping area. All required plant material shall be maintained (pruned) so as to maximum public safety visibility.

(h)

Minimum plant size. Unless as otherwise provided to the contrary (in the village's Municipal Code), all plant materials shall meet the following minimum size standards at the time of their planting:

(i)

Planting prohibitions. The trees listed below may not be used in satisfying the various requirements of these regulations, namely: Poplars, Seed-Bearing Locusts, Willows, Box Elders, and American Elms.

(Ord. No. 91-21, § 1, 6-24-91; Ord. No. 2006-12, § 4, 3-27-06)

All uses in which outdoor storage facilities are permitted (whether as a permitted use or a use available under "special use permit") shall comply with the following provisions, or an equivalent set of provisions approved in connection with the site plan review (pursuant to section 28-254), namely:

(1)

Type. Only the storage of materials essential to the permitted use may be stored outdoors on the premises. Materials capable of being carried off-site by nature forces shall be properly anchored or protected to avoid such.

(2)

Location. Storage shall be permitted only in the rear of the principal building of the permitted use and not within any required yard. This provision shall not apply to (i) principal uses, which by themselves are incapable of being housed within a building or structure and which are considered items being offered for sale, and (ii) any lawfully established permitted or special use in the I-1 (limited industrial district), which shall be governed by the provisions of section 28-311 of this chapter.

(3)

Fencing. All storage areas which are potentially hazardous if accessible to the general public, shall be fenced in accord with the regulations of section 28-253 of this chapter of the village's Municipal Code.

(4)

Durable surface. All storage facilities requiring vehicular access shall be located on asphalt or concrete surfaces having sufficient design and construction standards to support appropriate weight-bearing requirements.

(5)

Access. All storage areas shall be accessible by means of roadway having sufficient design and construction standards to satisfy appropriate weight-bearing requirements. Such roadway shall be designed so as to minimize traffic congestion on adjoining public roadways.

(6)

Screening. Outdoor storage areas shall be screened in accordance with the provisions of section 28-258 (landscaping and screening).

(7)

[Portable storage container units.

a.]

Portable storage container units may only be utilized in commercial and industrial districts. Portable storage container units may not be stacked. Any portable structure container unit utilized for storage may not exceed ten feet above grade. Further, any storage containers or structures must be screened as provided by subsection (6) above. For the purposes of this section, "Portable storage container units" are any fully or partially closed structures, not permanently affixed to the ground, which are designed or can be utilized for storage of material, which individually or by multiple units, exceed 200 cubic feet. Overseas storage containers and trailers are portable storage container units regulated by this section.

[b.]

Portable storage container units intended for storage off site may be temporarily located on any zoning lot for up to ten calendar days for loading/unloading provided said units are located on an asphalt or concrete surface having sufficient design and construction standard to support the anticipated weights and further provided said unit location is accessible by means of a vehicular access on asphalt or concrete. No portable storage unit may be temporarily located for loading or unloading on any street, alley, right-of-way or easement containing utilities.

(Ord. No. 91-21, § 2, 6-24-91; Ord. No. 2003-04, § 2, 3-10-03; Ord. No. 2004-37, § 2, 11-22-04; Ord. No. 2024-21, § 2, 9-23-24)

All uses in which outdoor sales are either a permitted use or a use available under "special use permit" shall comply with the following provisions, or an equivalent set of provisions approved in connection with the site plan review (pursuant to section 28-254), namely:

(1)

Type. With the exception of permitted temporary uses, only outdoor sales that are an integral part of the permitted use shall be allowed.

(2)

Location. Outdoor sales shall be permitted only within the buildable area of the zoning lot and not within any required yard.

(3)

Durable surface. Outdoor sales areas intended to be used by the general public shall be located on an asphalt or concrete surface that is of sufficient design and construction to carry all loads to be imposed thereon.

(4)

Access. All portions of outdoor sales areas shall be accessible to the handicapped, and to police, fire and emergency aid vehicles.

(5)

Fencing. All outdoor sales areas wherein various materials and goods are stored and displayed, to the extent that the same may be deemed potentially hazardous to the public (when left unattended), shall be fenced in accordance with sections 28-253 (fences, walls and hedges).

(6)

Time of operation. All outdoor sales shall be restricted to daylight hours, unless sufficient lighting is provided so as to permit sales after dark.

(7)

Screening. All outdoor sales shall be screened in accordance with the provisions of section 28-258 (landscaping and screening).

(Ord. No. 91-21, § 3, 6-24-91)

All areas to be used for the temporary storage of waste materials shall be located and designed to provide convenient access by scavenger services. Access to the waste material storage areas shall be designed to safely carry the wheel loads of the scavenger trucks using such access areas. No access area shall be located so as to create a traffic hazard. Each waste material storage area shall be directly accessible to each use intended to be served thereby, and shall be fully enclosed by a masonry wall not less than five feet, nor more than eight feet in height. The wall of the enclosure offering public visibility shall be constructed with face brick or decorative split face concrete block. Where possible, waste material storage areas shall be located so as not to be readily visible to the general public or to adjoining property, and shall be screened in accordance with the provisions of section 28-258 (landscaping and screening). Upon application of the builder or developer, provisions generally meeting the purposes of this section may be approved in lieu of strict adherence to these requirements. The approval of such variations must be made only as part of the site plan review as required under section 28-254.

(Ord. No. 91-21, § 4, 6-24-91)

In all commercial and residential districts, the installation of a bituminous surface, e.g. concrete, asphalt or similar paving, shall be installed on all driveways within six months of occupancy.

(Ord. No. 95-18, § 5, 4-24-95)

The following requirements apply to all zoning districts:

(1)

Chimneys, parapet walls, skylights, steeples, flag poles, smokestacks, cooling towers, elevator bulkheads, fire towers, barns, silos, stacks, step towers or scenery lofts, tanks, ornamental towers, grain elevators, spires, wireless towers, penthouses, or mechanical appurtenances to any structure, or standing alone, may be erected up to a height not to exceed the maximum structure height within that zoning district in which it is erected if designed to engineering specifications or proper support as approved by the village and otherwise are permitted within the zoning district.

(2)

One ground-mounted, tower type, self-supporting antenna structure shall be permitted in the rear yard only and may not exceed ten feet over the specified structure height for that zoning district. Any such structure must be screened, enclosed or otherwise constructed to prevent climbing by unauthorized persons.

(3)

Satellite dish structures in excess of 24 inches in diameter, are permitted in a rear or side yard and are limited to two such structures for each zoning lot and may not exceed ten feet over the specified structure height for that zoning district and must comply with the applicable setback of the zoning district unless these restrictions clearly impose an unreasonable limitation on the reception of satellite delivered signals. In the event that usable satellite signals cannot be received by locating the satellite dish structure on the rear or side yard and within the appropriate setback, such satellite dish structure may be placed in the front yard within the appropriate setback or on the roof of the dwelling structure provided a showing is made by the applicant that usable satellite signals are not receivable from any other location. When used in this section "usable satellite signals" mean satellite signals that when viewed on conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television. Satellite dish structures less than 24 inches in diameter may be located anywhere on the zoning lot within the applicable setbacks and require no permit.

(4)

A building permit is required and must be supported by a plat of survey showing the placement of the above enumerated structures (listed in subsections (1) through (3)) on the lot and a drawing showing all items pertinent to its construction. All building permit fees will be paid before work begins and inspections will be called for 24 hours in advance. The fee amount is set forth in section 2-301 of the Crete Municipal Code unless proof of a business license or contractor's license is shown at the time of building permit application limited to only antenna or satellite dish installations.

(Ord. No. 95-23, § 2, 5-22-95)

Editor's note— Ord. No. 95-23, adopted May 22, 1995, designated § 2 of such ordinance to be codified as § 28-262. To avoid duplication of section numbers, such provisions have been redesignated as § 28-263, at the discretion of the editor.

(a)

Any home occupation that is subordinate to the principal use of a building as a dwelling shall be permitted so long as it complies with this section.

(b)

A home occupation is a business profession, occupation or trade conducted for gain entirely within the primary residence of those performing the home occupation. The primary residence is defined as a dwelling unit occupied day and night for domestic purposes (i.e., eating, sleeping, bathing, etc.).

(c)

In addition to all of the use limitations applicable in the district in which a home occupation is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1)

No person who is not a member of the immediate family occupying such dwelling unit shall be employed upon the premises in connection with the occupation.

(2)

No sign on the premises shall advertise the presence or conduct of a home occupation, except for those services, required by the licensing requirements of the State of Illinois, may display a sign; provided that sign meets the following criteria:

a.

Sign must be no larger than four square feet and may not be located in any yard.

b.

Sign must be plainly visible from the primary entrance to the dwelling, be professional in appearance and meet all applicable zoning restrictions and applicable restrictive covenants.

c.

Signs may not be permanently affixed to the exterior of any residential dwelling.

(3)

No wholesale, jobbing or retail business shall be permitted in the home unless sales are conducted entirely by mail or telephone or Internet.

(4)

Professional persons may use his/her residence for consultation, emergency treatment or performance of religious rites.

(5)

There shall be no alteration of the principal residential building which changes the character thereof as a dwelling.

(6)

No more than 25 percent of the area of a dwelling shall be devoted to the home occupation.

(7)

No mechanical or electrical equipment may be used except such types as are customary for purely domestic, household, or hobby purposes. Furthermore, no equipment which creates noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district shall be used in such home occupation.

(8)

There shall be no storage outside a principal building of equipment or materials used in the home occupation.

(9)

The home occupation shall be conducted entirely within the principal residential building.

(10)

The home occupation shall be conducted in a manner which would not cause the premises to differ from its residential character either by use of colors, materials, lighting or the emission of sounds, noises, or vibrations.

(11)

The home occupation shall not have an adverse affect on the neighborhood through the congestion of village streets.

(12)

No home occupation shall include the use of hazardous materials.

(d)

Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation shall be subject to the requirements of this section:

(1)

Dressmakers, seamstresses and tailors.

(2)

Private tutoring, but regular instruction shall be limited to one pupil at a time, except for occasional groups.

(3)

Artists, sculptors, authors and composers.

(4)

Offices for architects, engineers, lawyers, insurance agents and members of similar professions.

(5)

Offices of duly ordained leaders of a religious or spiritual community.

(6)

Real estate services.

(7)

Salesman, sales representatives, manufacturer's representatives and catalog sales when no retail or wholesale transactions are conducted on the premises.

(8)

Home crafts, such as model-making, rug-weaving, lapidary work and cabinet making; provided, however, that no machinery or equipment shall be used or employed, other than that which would customarily be incidental to residential occupancy, such machinery or equipment shall include that which would customarily be employed in connection with a hobby or avocation not conducted for gain or profit.

(9)

Day care for children or adults in accordance with state licensing laws.

(10)

Data and information processing on a computer, writing of software and computer programs, desktop publishing and similar activities.

(11)

Catering service/cake preparation and decorating provided the operation is in complete compliance with section 28-3 and the equipment/appliances used in the operation are those existing in the kitchen of the home and any replacement thereof shall be of a same or similar model commonly installed in a residential kitchen. There shall be no separate, additional kitchen dedicated to the home business. Commercial kitchens shall be prohibited.

(e)

Prohibited home occupations include, but are not limited to, the following list of occupations and other home occupations that cannot meet the requirements of this section:

(1)

Dancing schools.

(2)

Funeral homes.

(3)

Nursery schools and day care centers not in accordance with state licensing law.

(4)

Restaurants.

(5)

Stables or animal kennels or animal hospitals.

(6)

Tourists homes and lodging houses, unless specifically permitted by the zoning district regulations.

(7)

Renting of trailers.

(8)

Medical or dental offices, clinics or hospitals.

(9)

Antique shops or sales.

(10)

Repair of motorized vehicles.

(11)

Contractor's yards.

(12)

Adult uses.

(Ord. No. 2004-11, § 3, 3-22-04; Ord. No. 2013-23, § 2, 12-9-13)