Accessory uses and structures shall be permitted in all zoning districts subject to the following regulations:

   A.   Accessory uses and structures shall be:

      1.   Incidental to the principal use or structure served;

      2.   Operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use or structure; and

      3.   Subordinate in height, area, bulk, and location to the principal use or structure served.

   B.   An accessory use or structure shall not be established or constructed prior to the construction or establishment of the principal use or structure to which it serves, unless approved as a temporary use pursuant to section 12-8-11, “Temporary Uses”, of this chapter.

   C.   The bulk standards for accessory structures shall be as set forth below:

      1.   The maximum height of an accessory structure shall be fifteen feet (15').

      2.   The minimum front yard setback for an accessory structure shall be the front building line of the principal structure.

      3.   The minimum side and rear yard setbacks for an accessory structure shall be five feet (5'). However, a detached accessory garage or carport for a residential use in the R-1 and R-2 Residential Districts may be located on the rear lot line where the rear lot line abuts an alley. (Ord. Z-8-98, 9-21-1998)

      4.   The maximum number of accessory structures permitted for any use shall be two (2); however, there shall be no more than one garage or carport (attached or detached) per residential dwelling.

      5.   The maximum area of a detached garage or carport shall be 720 square feet. The maximum area of an accessory structure other than a detached garage or carport shall be 225 square feet.

      6.   Non-residentially zoned lots may have one detached garage or carport only if the following criteria are met:

         a.   Maximum area: For lots under 20,000 square feet in area, the maximum area of a detached garage or carport is 720 square feet. For lots over 20,000 square feet in area, the maximum area of a detached garage or carport is 960 square feet.

         b.   Maximum height: The garage or carport cannot exceed 15 feet in height.

         c.   Setbacks: The garage or carport must be setback at least ten feet from the side and rear lot lines.

         d.   Interior surface. The surface within the detached garage or underneath the detached carport upon which vehicles or other items are stored shall be improved with a dust-free hard surface that complies with all other applicable regulations and provisions of this Code.

         e.   The detached garage or carport complies with all other applicable regulations and provisions of this Code. (Ord. Z-36-18, 12-3-2018; amd. Ord. Z-3-20, 1-6-2020; Ord. Z-27-23, 10-2-2023)

In addition to conforming to the regulations for accessory uses and structures set forth above, all fences shall meet the following requirements:

   A.   Height Requirement:

      1.   The maximum height of a fence for a nonresidential use shall be eight feet (8').

      2. The maximum height of a fence for a residential use shall be four feet (4') when located in front yards and corner side yards and six feet (6') when located in rear yards, side yards, or within the buildable area of the lot. When a six foot (6') tall fence is located in any rear yard or side yard, there shall be no portion of such fence located within the ten foot (10') sight triangle of any alley, driveway or street. Lots having double frontage, one of which abuts an arterial street, may erect a fence of six feet (6') along the frontage, which abuts the arterial street. Lots that abut the railroad right of way may erect an eight foot (8') tall fence along the side that abuts the railroad right of way. In instances when a fence is not located on a property line, all portions of the subject lot shall be properly maintained. New fencing shall be located at least five feet (5') away from any parallel fence when located on the same property.

   B.   Minimum Setback: Setbacks shall not be required for fences except those adjacent to alleys, in which case such fence shall be set back a minimum of three feet (3') from the alley right of way.

   C.   Gates Required: All fences that completely enclose a residential lot shall have at least one gate access to one or more principal entrances to such dwelling.

   D.   Location Of Posts: All fence posts shall be located on the side of the fence facing the fence owner's property, and the fence's finished side shall face the exterior of the lot.

   E.   Maintenance: Every fence shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence shall be repaired or replaced immediately.

   F.   Additional Regulations For Fences In Residential Districts:

      1.   Transparency: Front yard fences in residential districts shall be constructed in such a manner so as to provide at least fifty percent (50%) open "see through" area of uniform distribution.

      2.   Uniformity For Townhouse Fences: Where two (2) or more dwelling units are connected by a common wall, fences for such separate dwelling units shall be of uniform height, material, type, color and design.

   G.   Special Regulations For Barbed Wire And Electrically Charged Fences:

      1.   Barbed wire and electrically charged fences may be permitted only in nonresidential districts, and only where the zoning administrator first makes a finding that such a fence is necessary to protect the safety of persons or for security of the property, and issues a permit accordingly. In making his determination the zoning administrator may consider the type of use involved and its inherent danger to the public safety.

      2.   Where the zoning administrator determines that a barbed wire or electrically charged fence is appropriate, the fence shall be installed at least six feet (6') above ground level, and either:

         a.   In a gable configuration having five (5) strands or less, or

         b.   Attached to an angled arm supported approximately forty five degrees (45°) to the vertical and having three (3) strands or less.

   H.   Dog Run: Fences erected to establish, permit or maintain a dog run shall be screened from view of the street by the primary structure, fencing, or landscaping, and shall not be closer than ten feet (10') to any side or rear lot line and twenty five feet (25') from the front lot line. Nothing herein contained shall prohibit a dog owner from allowing his or her dogs to be allowed on the owner's premises, provided that such premises are completely fenced.

   I.    Abutting Fences Prohibited: Fences that directly abut existing fences are prohibited when located on the same property. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-44-04, 9-7-2004; Ord. Z-8-14, 4-7-2014; Ord. Z-15-19, 7-1-2019; Ord. Z-3-20, 1-6-2020)

In addition to conforming to the general regulations for accessory uses and structures set forth in section 12-8-1, "Accessory Uses And Structures", of this chapter, antennas, including satellite dishes greater than twenty four inches (24") in diameter, and any supporting structure, shall conform to the following regulations. Satellite dishes and antennas twenty four inches (24") in diameter or less shall be exempt from the requirements contained herein.

   A.   General Regulations:

      1.   The antenna shall meet all applicable local, state and federal laws and ordinances.

      2.   All materials shall be of a noncorrosive material to prevent metal fatigue from maintenance neglect.

      3.   The smallest practical size shall be used for any dish, but shall not exceed a maximum of ten feet (10') in its outside diameter.

      4.   All electrical installations shall be in accordance with the national electric code and all applicable city ordinances.

      5.   Where an earth station or dish antenna is located on nonresidential property that abuts a residential property, it shall be allowed only in the rear or side yard of all zoning districts, and shall meet the setback requirements for the district in which they are located, for the abutting side.

      6.   All installations shall exhibit architectural quality, coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials, and questionable stability are not permitted. In every case the entire installation shall be compatible with the character of the surrounding area of the city. All installations shall be constructed to avoid the creation of an attractive nuisance.

      7.   Only one antenna shall be allowed per lot or parcel of land.

   B.   Regulations Specific To Residential Districts:

      1.   No earth station or dish antenna shall be mounted onto the top or side of any residentially zoned building.

      2.   Earth stations or dish antennas shall be allowed only in the rear or side yard of all zoning districts, and shall meet the setback requirements for the district in which they are located.

      3.   Ground mounted earth station antennas shall be erected at the minimum height that allows satellite reception, not to exceed twenty two feet (22') in height. The height measurement shall be calculated from the established grade to the dish center.

      4.   Any ground placed antenna drive mechanisms, less than six feet (6') high to its lowest point, shall be enclosed by an opaque, solid view screen fence six feet (6') in height.

   C.   Regulations Specific To Nonresidential Districts:

      1.   Dishes to be mounted on a rooftop shall require an installation plan from a licensed structural engineer or architect.

      2.   Permanent foundations shall be adequate for the anticipated wind loads. (Ord. Z-8-98, 9-21-1998)

   A.   General Requirements: Public broadcasting radio transmitting towers shall meet the following requirements:

      1.   Each public broadcasting radio transmitting tower shall be owned and operated by commercial radio stations fully licensed by the federal communications commission;

      2.   Each public broadcasting radio transmitting tower shall be guyed and insulated;

      3.   Each public broadcasting radio transmitting tower shall be of uniform cross section construction; and

      4.   Each public broadcasting radio transmitting tower shall be of no greater height than permitted by the federal aviation authority. Permitted accessory uses to such radio towers shall include underground ground systems radials and enclosures to house tuning equipment, as well as devices and equipment for receiving, transmitting or monitoring radio signals for access to program support materials.

   B.   Complaint Response Process: Every owner or operator of a public broadcasting radio transmitting tower shall provide, in writing, to the zoning administrator a complaint response process which incorporates the following aspects:

      1.   The permittee and its successors in interest investigate complaints and provide, at its own expense, services and materials reasonably necessary to reduce or eliminate interference with radio; television; public address systems and other stationary, permanent, wired internal communications apparatus, where such interference is reasonably related to such towers.

      2.   All such complaints shall be investigated promptly after written notice to the permittee, corrective action begun as soon as practicable thereafter and pursued diligently.

      3.   For purposes of giving notice under this subsection, each such permittee shall inform the city's zoning administrator of its current business address where the notice shall be given.

      4.   Any complaints of interference with telephones, where the equipment is owned by the telephone company, shall be referred by said permittee to the telephone company which has sole and exclusive jurisdiction to investigate and correct same. All such permittees shall cooperate with the telephone company to correct telephone interference where reasonably appropriate regardless of who owns the telephone equipment. (Ord. Z-8-98, 9-21-1998)

Commercial mobile radio and wireless telecommunications service facilities shall meet the following requirements, unless the facility is to be constructed and operated only for a temporary period, in which case section 12-8-11 of this Code applies.

   A.   General Requirements:

      1.   Application for the installation of a commercial mobile radio service facility, which for the purposes of this section shall include wireless telecommunications service facilities, shall be filed with the zoning administrator, on forms so provided, and in accordance with the requirements of section 12-3-1, "Applications and Hearings", of this title.

      2.   Eligible Facilities Requests:

         a.   Modifications to existing commercial mobile radio service facilities that are "eligible facilities requests" and do not substantially change the physical dimensions of the existing tower or base station, in accordance with and pursuant to the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455, are not subject to the location requirements, maximum height regulations, site plan review requirements, or conditional use permit requirements set forth in this section.

         b.   The Zoning Administrator will review a complete application for a modification to existing mobile radio service facilities claiming status as "eligible facilities requests" within 60 days of its submission. If the Zoning Administrator determines that the application qualifies as an "eligible facilities request" and does not substantially change the physical dimensions of the existing tower or base station, the Zoning Administrator may approve the application administratively, provided the application complies with the design criteria set forth in this section.

      3.   Commercial mobile radio service facilities and their associated accessory uses may be either freestanding, roof mounted, or building mounted. Commercial mobile radio service facilities may be permitted on a zoning lot as a secondary principal use. The primary principal use on the property must be in existence prior to the establishment of the commercial mobile radio service facility.

      4.   Commercial mobile radio service facilities permitted as of right by subsection G of this section, shall be subject to site plan review pursuant to section 12-3-2, "Site Plan Review", of this title.

      5.   Commercial mobile radio service facilities allowed conditionally by subsection G of this section, shall be subject to the requirements for conditional use permits as set forth in section 12-3-4, "Conditional Uses", of this title.

      6.   Where a commercial mobile radio service facility becomes abandoned, obsolescent, or ceases to be used, except in relation to acts of God, it shall be taken down and removed from the premises by the owner of the facility, or its agents, or the person having control of the premises on which the facility is located within six (6) months of a finding by the zoning administrator of its abandonment, obsolescence, or cessation of use.

   B.   Location Requirements:

      1.   No commercial mobile radio service facility shall be located in any required yard, nor shall a freestanding commercial mobile radio service facility be located within fifty feet (50') of any property boundary line.

      2.   A freestanding commercial mobile radio service facility shall be set back from any residential zoning district a distance equivalent to its height; provided however, that in no case shall a freestanding commercial mobile radio service facility be located closer than one hundred feet (100') from any residential district.

      3.   Freestanding commercial mobile radio service facilities and their related accessory structures when located on a site as a secondary principal use shall be located behind the rear of the structure housing the primary principal use. Vehicle access to the tower and related accessory structure shall not interfere with the parking or vehicular circulation provided for the primary principal use.

   C.   Collocation:

      1.   The city encourages collocation of commercial mobile radio service facilities on existing or planned commercial mobile radio service facilities in order to achieve the most efficient use of land within the community. Therefore, owners, lessees, or employees thereof shall cooperate in good faith with other wireless communication providers to achieve the collocation of commercial mobile radio service facilities.

      2.   Where collocation is not utilized in establishing a commercial mobile radio service facility, an applicant shall be required to demonstrate that the proposed site is of practical necessity and that an existing facility is either unavailable or cannot provide the necessary coverage over the proposed service area.

   D.   Design Criteria:

      1.   Commercial mobile radio service facilities may be either freestanding, roof mounted, or building mounted. For the purposes of this section, the location of a commercial mobile radio service facility on municipal water towers shall be allowed and considered to fall in the category of roof mounted facilities, however, the commercial mobile radio service facility may not extend more than ten feet (10') above the top of the municipal water tower.

      2.   Commercial mobile radio service facilities shall be designed to be compatible with neighboring buildings and uses. Efforts shall be taken when locating commercial mobile radio service facilities to preserve or enhance the existing character of a site's topography and vegetation.

      3.   Commercial mobile radio service facilities shall be painted to blend or match with a host building or the environment. The facility shall be of a single color, having a flat, matte, nongloss, nonfluorescent finish. The color scheme for the facility shall be subject to the approval of the zoning administrator.

      4.   Screening techniques such as landscaping, berming, screening, and fencing shall be incorporated into each site as deemed appropriate.

      5.   No advertising, logos, or corporate symbols shall be permitted on any commercial mobile radio service facility or any building or structure accessory thereto.

   E.   Construction Requirements:

      1.   Applications for the installation of commercial mobile radio service facilities shall be required to include documentation that the facility is designed in accordance with the city's building code, in addition to all state and federal laws and regulations concerning aviation safety. Applications for modifications to existing commercial mobile radio service facilities that are "eligible facilities requests" pursuant to the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455, must submit sufficient information and documentation to demonstrate that the request is an "eligible facilities request" and the proposed facilities do not result in a substantial change to the physical dimensions of the existing tower or base station, in accordance with the Spectrum Act.

      2.   Every commercial mobile radio service facility shall be fully automated. No employee of the communication provider shall be stationed at the site, except for the completion of periodic maintenance.

      3.   Every application for the installation of commercial mobile radio service facility shall include documentation that the owner of the property has granted, by agreement, use of the property for the proposed facility.

      4.   Buildings or structures accessory to commercial mobile radio service facilities shall be compatible with the surrounding built or natural environment. An accessory building or structure shall not exceed a height of fifteen feet (15'), nor exceed a size of four hundred fifty (450) square feet.

      5.   Where a freestanding commercial mobile radio service facility is located on a site as a principal use or a secondary principal use, a fence of eight feet (8') in height shall be required to encompass the freestanding tower and any associated accessory building or structure.

   F.   Height Requirements: Commercial mobile radio service facilities shall be exempt from the height requirements set forth in each district established under chapter 7, "Districts", of this title. Maximum height requirements for commercial mobile radio service facilities shall be as follows:

 

 

 

(Ord. Z-8-98, 9-21-1998; amd. Ord. Z-38-22, 12-29-2022; Ord. Z-8-23, 5-1-2023)

Bed and breakfast establishments may be allowed in the R-2 two- family residential district, the R-3 townhouse residential district, the R-4 central core residential district and the C-1 neighborhood shopping district provided they meet the following requirements:

   A.   Procedural Standards:

      1.   Bed and breakfast establishments shall only be located within and accessory to an owner occupied single-family detached home.

      2.   Operation of a bed and breakfast establishment shall not commence until the approval of a conditional use permit subject to the requirements of section 12-3-4, "Conditional Uses", of this title. Bed and breakfast establishments shall be bound by the standards below as well as the applicable requirements of the zoning district in which they are located.

      3.   Bed and breakfast establishments shall comply with all local, county and state fire and health regulations.

      4.   Proof of registration with the department of revenue for hotel/motel taxes shall be provided to the zoning administrator within ninety (90) days after approval of the conditional use permit.

      5.   No ancillary commercial use shall be operated in connection with an approved bed and breakfast establishment.

      6.   The location of a bed and breakfast establishment in a residential district shall not be considered a precedent for the granting of any conditional use or variance for other commercial or industrial developments in the same district.

      7.   Operation of a bed and breakfast establishment shall not be considered, classified, or permitted as a home occupation.

   B.   Development Standards:

      1.   A bed and breakfast establishment shall include no more than four (4) guestrooms for rent.

      2.   Accommodations shall not be provided to a particular guest for more than ten (10) consecutive days.

      3.   Each bed and breakfast establishment may display one nonilluminated wall sign per street frontage, a size no more than four (4) square feet. (Ord. Z-8-98, 9-21-1998)

   A.   Compliance with Laws: Childcare centers and adult day service centers must comply with all local, county, state, and federal requirements, rules, regulations, including, without limitation, certification, licensing, health, life safety, and building code requirements.

   B.   Childcare Centers:

      1.   In no case may the lot size or required frontage be less than that required by the zoning district in which the facility is to be located.

      2.   Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards.

      3.   There shall be a minimum of thirty five (35) square feet of indoor activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement.

      4.   There shall be a minimum of seventy five (75) square feet of outdoor activity area per child that could be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements of the city code. Up to twenty five percent (25%) of this requirement may be waived by the planning and zoning board upon a finding that:

         a.   A park or similar permanent open space, suitable for supervised outdoor play, is located within five hundred feet (500') of the proposed facility;

         b.   The park or similar permanent open space, suitable for supervised outdoor play, is one acre (43,560 square feet) or larger; and

         c.   The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed daycare/childcare facility location without crossing any street.

      5.   Hours of normal operation shall be limited to six o'clock (6:00) A.M. to seven o'clock (7:00) P.M.

   C.   Adult Day Service Centers

      1.   In no case may the lot size or required frontage be less than that required by the zoning district in which the facility is to be located.

      2.   Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards.

      3.   Hours of normal operation shall be limited to six o'clock (6:00) A.M. to seven o'clock (7:00) P.M. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-14-15, 7-6-2015; Ord. Z-29-15, 10-5-2015; Ord. Z-6-22, 4-4-2022)

All home occupations shall comply with each of the following requirements:

   A.   The operator of a home occupation shall reside in the dwelling unit in which the home occupation operates.

   B.   The home occupation shall be conducted entirely within the principal dwelling or accessory structures.

   C.   The home occupation shall not interfere with the delivery of utilities or other services to neighboring properties.

   D.   The home occupation shall not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television reception in the area that would exceed that normally produced by a dwelling unit used solely for residential purposes.

   E.   No toxic, explosive, flammable, radioactive, or other hazardous materials shall be used, sold, or stored on the site. However, such materials common to ordinary household use are permitted, provided the quantity of such materials does not exceed that found in ordinary household use.

   F.   There shall be no alteration to the residential appearance of the premises.

   G.   No more than one motor vehicle shall be used in connection with a home occupation. The home occupation vehicle must be of a type ordinarily used for conventional private passenger transportation, i.e., passenger automobile, van, limousine and pickup trucks not exceeding a payload capacity of one ton. Further, the home occupation vehicle shall not be a vehicle designed for carrying more than twelve (12) persons. Vehicles designed or used for living quarters shall not be used in conjunction with a home occupation.

   H.   No visitors in conjunction with the home occupation (clients, patrons, pupils, salespersons, etc.) shall be permitted between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M.

   I.   No outdoor display or storage of materials, goods, supplies, or equipment shall be permitted.

   J.   There shall be no advertising, signs, display, or other indications of a home occupation in any yard, on the exterior of the dwelling unit or visible from anywhere outside of the dwelling unit.

   K.   Direct sales or rentals of products are not permitted. Mail or phone sales is a permitted home occupation.

   L.   The total interior floor area used for the home occupation shall not exceed fifteen percent (15%) of the total interior floor area of the dwelling, provided that in no case shall the area of a home occupation exceed three hundred (300) square feet per home occupation.

   M.   Only one person may be employed on the site in connection with the home occupation who is not an actual resident of the dwelling unit.

   N.   Deliveries shall not restrict or obstruct traffic circulation and may occur only between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Monday through Friday.

   O.   The home occupation shall not cause a significant increase in the amount of traffic or parking on any residential street. (Ord. Z-8-98, 9-21-1998)

   P.   More than one home occupation may be permitted within an individual dwelling unit, provided all other standards and criteria applicable to home occupations are complied with. Such criteria shall be applied cumulatively to both uses as opposed to singularly to each use. (For example, cumulatively all home occupations within the same dwelling unit may not occupy more than 30 percent or 600 square feet of the dwelling unit.) (Ord. Z-14-15, 7-6-2015)

Child home care shall be considered a home occupation and shall be subject to the requirements for home occupations found in section 12-8-8, "Home Occupations", of this chapter, and the additional requirements contained herein. (Ord. Z-8-98, 9-21-1998)

   A.   The maximum number of children permitted shall be eight (8). (Ord. Z-2-05, 2-7-2005)

   B.   A child home care use must comply with all applicable local, state and federal statutes and regulations, including licensing requirements.

   C.   A child home care use must obtain a zoning certificate pursuant to section 12-3-3, "Zoning Certificates", of this title. Proof of a state license shall be required for the granting of the zoning certificate.

   D.   A child home care use shall be operated by a resident of the dwelling in which it is located.

   E.   Any child home care use shall include an outdoor play area which shall be enclosed on all sides by a barrier in the form of a fence, building wall, or other structure or landscaping so as to provide for safe outdoor play.

   F.   No signs shall be displayed. (Ord. Z-8-98, 9-21-1998)

Residential care homes shall be divided into two (2) classes, small residential care homes and large residential care homes.

   A.   Small Residential Care Homes: A small residential care home shall be considered a home providing care for five (5) or fewer persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit.

   B.   Large Residential Care Homes: A large residential care home shall be considered a home providing care for six (6) to ten (10) persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit.

   C.   General Requirements For Residential Care Homes: Every residential care home, regardless of class shall meet the following requirements:

      1.   Every residential care home shall be located at least one thousand feet (1,000') from another residential care home, regardless of class, unless the city council determines that the cumulative effect of such uses would not:

         a.   Alter the residential character of the neighborhood,

         b.   Create an institutional setting, and its operation, and

         c.   Create an adverse effect on surrounding properties.

      2.   Each residential care home, prior to admitting residents, shall have proof of compliance with all applicable local and state licensing and code standards, including a state license or certification. Each home shall also have proof that the sponsoring agency is duly licensed or certified by the state of Illinois.

      3.   Each residential care home, to the extent possible, shall conform to the type and outward appearances of the residences in the area in which it is located.

      4.   Prior to occupancy, a zoning certificate shall be applied for and issued pursuant to section 12-3-3, "Zoning Certificates", of this title.

      5.   The applicant for the zoning certificate shall submit a statement of the exact nature of the residential care home, the qualifications of the agency that will operate the residential care home, the number and the type of personnel who will be employed, and the number and nature of the residents who will live in the residential care home. (Ord. Z-8-98, 9-21-1998)

   A.   Authorization: Subject to the general regulations set forth herein, the specific regulations and time limits set forth for each temporary use, and all other applicable regulations of the district in which the temporary use is located, the temporary uses set forth below, and no others, shall be permitted in the zoning districts.

   B.   General Regulations:

      1.   No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.

      2.   No temporary use shall be permitted that causes or threatens to cause an on site or off site threat to the public safety.

      3.   No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.

      4.   No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

      5.   Signs shall be permitted only in accordance with the provisions of chapter 11, "Signs", of this title.

      6.   Except as expressly provided otherwise, every temporary use shall comply with the regulations applicable in the district in which such temporary use is located.

      7.   Every temporary use shall comply with any such other conditions as may be imposed by the zoning administrator designed to be reasonably necessary to achieve the purposes of this title or to protect the public health, safety, and welfare.

   C.   Temporary Uses Permitted:

      1.   Vendors' Carts And Stalls: In any commercial district, vendors' carts and stalls may be permitted provided that the cart or stall is accessory and adjacent to a use in a commercial district. Each cart or stall shall be located between the principal building and a public right of way and may not block a driveway or other point of emergency vehicular access to any property.

      2.   House, Apartment, Garage, And Yard Sales: In any residential district, house, apartments, garage and yard sales may be permitted but only when limited to the personal possessions of the owner-occupant of the dwelling unit at which such sale is being conducted. Such use shall be limited to a period not to exceed three (3) consecutive days, and no more than four (4) such sales shall be conducted from the same residence in any twelve (12) month period.

      3.   Christmas Tree Sales: In any district other than a residential district, Christmas tree sales may be permitted provided, however, any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty five (45) days. Trees remaining on hand after December 25 shall be removed from the premises no later than December 31 of the same year.

      4.   Temporary Contractors' Offices And Equipment Sheds: In any district, temporary contractors' offices and equipment sheds may be permitted when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project.

      5.   Real Estate Offices, Including Model Units: In any district, real estate offices, including model units may be permitted when accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.

      6.   Indoor And Outdoor Art, Craft, And Plant Shows, Exhibits, And Sales: In any district other than a residential district, indoor and outdoor art, craft and plant shows, exhibits and sales may be permitted provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such sale shall be limited to a period not to exceed three (3) days.

      7.   Farm Product Sales: In any nonresidential district, farm product sales may be permitted but only in accordance with the following provisions:

         a.   Open Air Market: Such farm product sale shall use no permanent structures.

         b.   Goods Or Wares Limited: No product may be exhibited or offered for sale except the following:

            (1)    Fresh (never having been frozen or packaged), dairy goods, fruits, vegetables, juices, flowers, plants, herbs, and spices produced or grown by the vendor; and

            (2)    Baked goods made by the vendor.

         c.   Number And Duration Of Sales Limited: Not more than one such farm product sale shall be conducted on the same premises in any seven (7) day period. Every such sale shall be limited to a period not to exceed eight (8) consecutive hours. (Ord. Z-8-98, 9-21-1998)

      8.   Carnivals And Circuses: In any district, carnivals and circuses may be permitted but only when sponsored by a not for profit religious, philanthropic, or civic group or organization; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact, including noise, on other properties. Such use shall be limited to a period not to exceed five (5) days in any residential district or on any lot abutting any one of these districts or ten (10) days on any other lot. No such use shall be permitted to operate after eleven o'clock (11:00) P.M. or such other time as may be established by the zoning administrator. The concessionaire responsible for the operation of any such use shall:

         a.   Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and

         b.   Provide fire extinguishers of a type and at site locations approved by the zoning administrator; and

         c.   Provide and service refuse containers in the number and locations required by the zoning administrator; and

         d.   Provide for a thorough cleanup of the site upon termination of the event; and

         e.   Upon written notice from the zoning administrator, immediately terminate the use of any amusement device or structure found by the zoning administrator to pose a threat to the public safety. (Ord. Z-12-12, 5-21-2012)

      9.   Sidewalk Sales: In any commercial district, sidewalk sales may be permitted when organized as an area wide sidewalk sale with all merchants on all abutting lots zoned in the same district, but no more than four (4) such sales shall be permitted in any twelve (12) month period and no such sale shall be permitted for a period in excess of two (2) successive days.

      10.   Tents: In any district, tents may be permitted in connection with any permitted, accessory, temporary, or conditional use. All tents shall be constructed of fire retardant material and erected securely. Guywires, stakes, or other supports shall be clearly marked and secured. No tent shall be allowed to remain for a period of more than two (2) days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, ten (10) days. Unless waived by the zoning administrator, every tent shall comply with the bulk, yard, and space requirements applicable to district in which it is located. (Ord. Z-8-98, 9-21-1998)

      11.   Storage Containers: In any residential district, storage containers, including dumpsters, modular storage devices, and other containers designed to be delivered to a location for temporary outdoor storage of waste or personal property and to be subsequently removed for disposal or storage at another location, may be delivered to and used on any zoning lot, subject to the following conditions and restrictions:

         a.   Each storage container must be removed and carried away not more than thirty (30) days after the date that it is delivered to the zoning lot, unless the director of community and economic development authorizes a longer period as a condition of a building permit issued for work to be performed on the zoning lot;

         b.   Each storage container must be delivered to a location on the zoning lot improved with a hard paved surface or a similar surface acceptable to the director of community development;

         c.   Not more than one storage container may be left on a single zoning lot at any one time, unless the director of community and economic development authorizes a greater number of storage containers as a condition of a building permit issued for work to be performed on the zoning lot; and

         d.   Storage containers may not encroach on any public right of way or other public property, including, without limitation, any public alley, street, sidewalk, or curb.

      12.   Temporary Classroom Structures: In any district on zoning lots where the principal use is a public or private elementary, middle, or high school, a temporary classroom structure may be installed, subject to the following conditions and restrictions:

         a.   A zoning certificate issued by the City authorizing the temporary use of a temporary classroom structure must be obtained prior to the construction and/or placing of a temporary classroom structure on an eligible zoning lot.

         b.   All building permits required by State law must be obtained prior to constructing and/or placing a temporary classroom structure on an eligible zoning lot.

         c.   Each temporary classroom structure must be removed within 12 months after the date it is constructed or placed on an eligible zoning lot; provided, however, the director of community and economic development may authorize the temporary classroom structure to remain on the zoning lot for a longer duration if necessary due to a construction project on the zoning lot that is being diligently pursued to completion.

         d.   Each temporary classroom structure must be installed in a location on the zoning lot improved with a dust-free hard paved surface or a similar surface acceptable to the director of community and economic development, but shall not reduce, block, or otherwise interfere with parking lot drive aisles, or reduce the number of off-street parking spaces below the minimum number required by this code.

         e.   Not more than two temporary classroom structures may be placed on a single zoning lot at any one time, unless the director of community and economic development authorizes a greater number of temporary classroom structures if necessary due to a construction project on the zoning lot that is being diligently pursued to completion.

         f.   The total combined area of temporary classroom structure(s) on a single lot may not exceed five percent of the gross floor area of the school building footprint.

         g.   Temporary classroom structures may not encroach on any public right of way or utility easement, including, without limitation, any public alley, street, sidewalk, or curb.

         h.   Temporary classroom structures may not exceed 15 feet in height as measured from grade to the highest point of the roofline.

      13.   Temporary Commercial Mobile Radio and Wireless Telecommunications Service Facilities:

         a.   Eligible Circumstances: The installation and use of one temporary commercial mobile radio and wireless telecommunications service facility is permitted only (i) on the same zoning lot where a lawfully established existing permanent commercial mobile radio and wireless telecommunications facility is located; (ii) where there is an additional, separate primary principal use; and (iii) when the temporary facility is necessary in order to maintain continuous operation and mobile radio and wireless telecommunications service during an active construction or maintenance project on the lot.

         b.   Certificate and Building Permit Required:

            (1)   A zoning certificate issued by the City authorizing the temporary facility must be obtained prior to the construction or installation of a commercial mobile radio and wireless telecommunications service of a facility on an eligible zoning lot. The application for the zoning certificate must include a statement, signed by the applicant, acknowledging and agreeing to comply the regulations set forth in this Section 12-8-11.C.13 and agreeing to immediately remove and cease operating the temporary facility upon written notice from the City of any violation of these regulations.

            (2)   All required building permits must be obtained prior to constructing or installing a temporary commercial mobile radio and wireless telecommunications service facility on an eligible zoning lot.

         c.   Duration: A temporary commercial mobile radio and wireless telecommunications service facility may be located on an eligible zoning lot for a maximum of three months, which period shall begin upon the final inspection and approval of the installation by the City Building Division. The temporary facility must be removed in its entirety by the end of the three-month period. The zoning administrator may grant one extension of no more than three months in order to allow the maintenance or construction project that necessitated the installation of the temporary installation to be diligently pursued to completion. Under no circumstances will a temporary commercial mobile radio and wireless telecommunications service facility be allowed to be installed for more than six months.

         d.   Location: A temporary commercial mobile radio and wireless telecommunications service facility must be positioned as close to the location of the permanent commercial mobile radio and wireless telecommunications service facility as possible.

         e.   Construction Requirements: A temporary commercial mobile radio and wireless telecommunications service facility must meet all of the requirements set forth in this subsection E of Section 12-8-5:

            (1)   A freestanding temporary commercial mobile radio and wireless telecommunications service facility may not exceed one hundred twenty five feet (125') in height; and

            (2)   A freestanding temporary commercial mobile radio and wireless telecommunications service facility may be located only on a zoning lot with a non-residential principal use.

         f.   Enforcement; Fines:

            (1)   Violations: Except as otherwise provided in this Section, any violation of the provisions of this Section 12-8-11.C.13 will be enforced in accordance with Chapter 4 of this Code.

            (2)   Fines: Any person convicted of violating this Section 12-8-11.C.13 will be subject to a fine of one thousand five hundred dollars ($1,500.00) per offense. Each day that a violation is permitted to exist after notice of the violation constitutes a separate offense. (Ord. M-7-16, 3-7-2016; amd. Ord. Z-24-22, 8-1-2022; Ord. Z-8-23, 5-1-2023)

   A.   Preexisting Consumer Lender Uses:

      1.   All consumer lenders lawfully operating at locations within the C-3 general commercial district on or before February 4, 2014, being the effective date of this subsection A, shall be deemed to be conditional uses and shall be allowed to operate at those same locations after such effective date as lawful conditional uses. (Ord. Z-3-14, 2-3-2014)

      2.   The owner of any use or structure who, within one year prior to January 13, 2014, being the date of the public hearing at which this section was first considered by the planning and zoning board, had submitted a completed application for a zoning certificate to operate a consumer lender at a location within the C-3 general commercial district shall be deemed to be a conditional use and shall be allowed to operate at that same location after such effective date as a lawful conditional use. (Ord. Z-3-14, 2-3-2014; amd. Ord. Z-29-15, 10-5-2015)

      3.   All consumer lenders lawfully operating at locations within zoning districts other than the C-3 general commercial district prior to February 4, 2014, being the effective date of this subsection A, shall be subject to chapter 5 of this title relating to nonconforming uses and structures.

      4.   On or before August 3, 2014, being one hundred eighty (180) days after the effective date of this subsection A, and at all times thereafter, all consumer lenders operating in the city shall be in compliance with the performance standards applicable to consumer lenders set forth in subsection B of this section.

   B.   Performance Standards: In addition to all other applicable requirements of this zoning ordinance and the city code of the city of Des Plaines, all consumer lenders shall comply with the following performance standards:

      1.   Windows shall not be obscured in any manner, including, without limitation, by the placement of signs, dark window tinting, shelving, racks or similar obstructions.

      2.   Exterior phones, security bars and roll up doors are prohibited.

      3.   Interior and exterior video security cameras shall be installed in such a manner to record a full view of all entrances, exits, and parking areas on the premises and to the satisfaction of the chief of police and the director of community and economic development. Such cameras shall continuously record these locations every day of the year and twenty four (24) hours of each day. Consumer lenders shall store and preserve all video recordings for not less than thirty (30) days after the recordings were made.

      4.   Consumer lenders shall make live video feeds and all stored and preserved video recorded by the security cameras described in subsection B3 of this section accessible to the police department by furnishing the police department with a public internet protocol (IP) address and user name and password that will allow the police department to view at any time such live video feeds and stored video.

      5.   A sign shall be posted in a prominent location on the premises that states:

This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.

      6.   The director of community and economic development shall review the adequacy of lighting, security, and video surveillance installations with assistance from the chief of police.

      7.   Consumer lenders shall not operate earlier than eight o'clock (8:00) A.M. or later than eight o'clock (8:00) P.M. on any day.

      8.   All signage on the buildings, or any portion thereof, occupied by consumer lenders shall comply with chapter 11 of this title. All nonconforming signs shall be removed from such buildings, or any portion thereof.

      9.   Parking lot lighting shall comply with the requirements of subsection 12-9-6G and section 12-12-10 of this title. (Ord. Z-3-14, 2-3-2014)

   A.   Parking and Loading:

      1.   Except for required spaces adjacent to fuel pumps, parking spaces must be identified on the site plan with appropriate striping or signage.

      2.   Required off-street parking to accommodate the retail portion of the use shall be positioned near the main entrance of the retail building.

   B.   Landscaping: Convenience Mart Fueling or Charging Stations must comply with all applicable landscape requirements set forth in Chapter 10 of Title 12 of this Code.

   C.   Environmental Performance Standards: Convenience Mart Fueling or Charging stations must comply with all performance standards set forth in Chapter 12 of Title 12 of this Code, including, without limitation, that all exterior lighting shall comply with Section 12-12-10 of this Title, unless any federal, State, County, or local ordinance, law, or regulation establishes a more restrictive standard, in which event the more restrictive standard applies. The Zoning Administrator may require the submission of specifications for existing light fixtures and a photometric plan for any new exterior lighting to demonstrate compliance with the foot-candle limitations set forth in Section 12-12-10 of this title. If required, the photometric plan must include the full property boundaries identified with a thick black line, all foot-candle measurements in and around the property boundaries, and the specifications for all light fixtures.

   D.   Signs: All signs proposed for a Convenience Mart Fueling or Charging Station must follow the sign regulations in Section set forth in Chapter 11 of Title 12 of this Code and be designed, positioned, and shielded to minimize adverse effects on adjacent properties. No signs may be installed on fences, light poles, or any other structure, surface, or object that is not part of a permitted sign type listed in this title. (Ord. Z-17-23, 8-21-2023)

The following requirements and restrictions shall apply to all recreational vehicles parked, kept, or otherwise stored on a residential or non-residential zoning lot.

   A.   All Recreational Vehicles must be currently registered with the State of Illinois and must comply with all requirements of the City Code applicable to inoperable motor vehicles. Documentation of current registration must be displayed in a manner visible from the exterior of the vehicle.

   B.   At no time may a Recreational Vehicle be used for living, sleeping or other purposes associated with dwelling units. No Recreational Vehicle may be connected to gas, water, sanitary sewer service, or septic tank.

   C.   A Recreational Vehicle may not be used as an accessory structure in any zoning district.

   D.   District Regulations:

      1.   Residential Districts: Parking of one (1) Recreational Vehicle that is no more than 36 feet in length shall be allowed per residential zoning lot.

      2.   Non-Residential Districts: A Recreational Vehicle in any non- residential district may only be located in a rear yard and must be parked or stored on a paved, dust-free hard surface; provided, however, such storage may not reduce, block, or otherwise interfere with parking lot drive aisles and off-street parking spaces, nor shall any Recreational Vehicle occupy any required off-street parking spaces. This shall not apply to legally approved or established permitted or conditional principal uses in applicable non-residential zoning district such as commercial parking lot, commercial parking garage, leasing/rental agents - moving vehicles, motor vehicle sales, auto body repair, auto service repair, vehicle towing, and commercial storage.

   E.   Elimination of Nonconforming Recreational Vehicle Parking.

      1.   As of the effective date of Section 12-8-16, all nonconforming recreational vehicles must be brought into compliance with this Section 12-8-16 no later than September 30, 2025. (Ord. Z-3-25, 3-3-2025)