Diamond City Zoning Code

GENERAL PROVISIONS

§ 151.001 TITLE, INTENT AND PURPOSE.

(A) Title. This chapter shall be known, cited and referred to as the “Diamond Zoning Ordinance.”

(B) Intent and purpose. The Diamond Zoning Ordinance is adopted to promote and protect the public health, safety, morals, comfort and general welfare of the people. To fulfill this purpose, this chapter seeks to:

(1) Divide the Village of Diamond into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, manufacturing and other specified uses;

(2) Protect the character and the stability of the residential, business and manufacturing areas within the Village of Diamond and to promote the orderly and beneficial development of such areas;

(3) Provide adequate light, air, privacy and convenience of access to property;

(4) Regulate the intensity of land uses and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air, and to protect the public health;

(5) Establish building lines and the locations of buildings designed for residential, business, and manufacturing, or other uses within such areas;

(6) Fix reasonable standards to which buildings or structures shall conform;

(7) Prohibit uses, buildings or structures incompatible with the character, development or intended uses within specified zoning districts;

(8) Prevent additions to or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

(9) Limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

(10) Protect against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and general welfare;

(11) Prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

(12) Conserve the taxable value of land and buildings throughout the Village of Diamond;

(13) Provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

(14) Define and limit the powers and duties of the administrative officers and bodies as provided herein;

(15) Prescribe the penalties for the violation of the provisions of this chapter or any amendments thereto;

(16) Provide a well-defined system of streets and pedestrian/bike trails which allow access to all local and regional points of origin and destination; and

(17) Implement the Village of Diamond Comprehensive Plan.

(Ord. 2015-08, § 1.00, passed 6-23-2015)

§ 151.002 RULES AND DEFINITIONS.

(A) Rules. In the construction of this chapter the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.

(1) Words used in the present tense shall include the future.

(2) Words in the singular number include the plural number, and words in the plural number include the singular number.

(3) The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” maintained for,” and “occupied for.”

(4) The following words indicate that compliance is mandatory: “must,” “shall,” “will,” and “may not.”

(5) The following words indicate compliance is permissible or advisory in nature, and not required: “may” and “should.”

(6) Within a series of provisions, the word “and” indicates that all such provisions apply. With a series of provisions, the word “or” indicates that both a single provision and a combination of provisions may apply.

(7) Unless otherwise expressly stated, a list or series of examples that uses “including” or “such as” or similar wording shall not be construed as exhaustive.

(8) The word “person” shall include a “firm, association, organization, partnership, trust, company or corporation, as well as an individual.”

(9) The masculine gender includes the feminine and neuter.

(10) All measured distances and values shall be to the nearest integral number. If a fraction is 1/2 or more, the integral number next above shall be taken.

(11) All distances, unless otherwise stated, shall be measured horizontally.

(12) The word “lot” shall include the words “plot” and “parcel;” the word “building” includes all other structures or improvements of every kind, regardless of similarity to buildings. The word “building” shall include the word “structure” and shall include all other improvements of every kind, regardless of similarity to a building.

(B) Definitions. The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

ABANDONMENT. An action to give up one’s rights or interests in property.

ACCESSORY BUILDING OR USE. An ACCESSORY BUILDING OR USE is one which:

(a) Is subordinate of and serves a principal building or principal use;

(b) Is subordinate in area, extent or purpose to the principal building or principal use served;

(c) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and

(d) Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

ACREAGE. Any tract or parcel of land having an area of 1 acre or more, which has not herefore been subdivided or platted.

ADJACENT. The terms ADJACENT and CONTIGUOUS are used as synonymous terms, and mean lots located with the same street frontage in contact with or touching another parcel of land. Lots across a street right-of-way or alley are not adjacent.

ADULT BUSINESS USE. Any establishment, including but not limited to arcades, bookstores, cabaret, hotel/motel, motion picture theatre, massage parlor, modeling studio, sexual encounter establishment, or store, charging any form of consideration; or a point of transmission or broadcast of video, internet content or other electronic media; at which a substantial portion of the stock-in-trade or business activities are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT BUSINESS USE, SPECIFIED ANATOMICAL AREA. Includes any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

ADULT BUSINESS USE, SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(d) Excretory functions as part of or in connection with any of the activities (a) through (c).

AGRICULTURE. All the processes of planting, growing, harvesting of crops in the open and the raising and feeding of livestock and poultry; including farming, farm buildings and farm dwellings, apiaries, aviaries, mushroom growing, nurseries, orchards, forestry, dairying, greenhouses and commercial vegetables.

AIRPORT. Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities.

ALLEY. A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to adjacent property. Frontage on said alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

ALTERATION. Any change in size, shape, character, occupancy or use of a building or structure.

AMUSEMENT ARCADE (GAME ROOM). Any establishment containing mechanical, electronic and/or coin operated amusement devices and/or games operated on the premises for the amusement of the general public as the principal use and/or any business which operates more than 20 amusement devices which are accessory to the principal use.

AMUSEMENT DEVICE. Any machine, game, table or other such device which is designed, intended or used as entertainment and may be operated by the public upon the insertion of a coin or token, or the use of which is made available for any valuable consideration, including, but not limited to devices such as pinball machines, pool tables, video games, electronic games, kiddie rides, mini-theater projection devices, video screens, and all games and operations similar thereto. An AMUSEMENT DEVICE shall not include food, soft drink and cigarette vending machines.

ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

ANTENNA. An antenna device by which radio or electromagnetic waves are transmitted, received, or both.

APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. A private bathroom and basic kitchen facilities, i.e., sink, stove and refrigerator permanently installed must always be included for each apartment.

APARTMENT BUILDING. A multiple-family dwelling originally designed and constructed to accommodate 3 or more apartments designed with more than 1 dwelling unit connecting to a common corridor or entranceway, in contrast to single or 2-family dwellings converted for multiple-family use.

AREA, GROSS. The gross area of a parcel or development site is the area in square feet/acres, in fee ownership, excluding all peripheral rights-of-way.

ASSISTED LIVING FACILITY. A facility providing housing and services for a group of persons, typically elderly, which may include provision of meals, housekeeping, and personal care assistance.

AUDITORIUM. A room, hall or building designed for the gathering of people to hear lectures, plays and other presentations.

AUTOMOBILE, BOAT, CAMPER, EQUIPMENT, MANUFACTURED HOME, OR MOTORCYCLE SALES AND SERVICE. The sale of new and used automobiles, trucks, tractors, construction equipment, agricultural equipment, and similar industrial equipment, and other vehicles in operating condition; the storage of such vehicles in operating condition, but not including storage of trucks of more than 5 tons in weight or buses; and the repair and servicing of such vehicles, including body work, painting and motor rebuilding, when conducted within a completely enclosed building.

AUTOMOBILE REPAIR (MINOR). Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under “vehicle repair, major.”

AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor automobile repair, but not including major vehicle repairs (as defined).

AUTOMOBILE AND TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for “automobile repair (minor)” or trailers to be displayed and sold on the premises.

AUTOMOBILE WRECKING YARD. Any place where 3 or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including the commercial salvaging of any other goods, articles or merchandise.

AWNING. A roof like cover, temporary in nature, which projects from the wall of a building.

BANKS AND FINANCIAL INSTITUTIONS. Commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.

BAR/PUB. An establishment used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.

BASEMENT. A story partly or wholly underground. Where more than 1/2 of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a BASEMENT shall be counted as a story for the purposes of height measurement.

BED AND BREAKFAST. An owner-occupied dwelling providing not more than 5 rooms for overnight accommodations to the public and, if so desired, breakfast may be served to the guests thereof. Rental is on a transient basis for a fee.

BEDROOM. Any finished room with a closet other than a living room, dining room, kitchen, family room, bathroom or utility room, for the purpose of this chapter, shall be considered a BEDROOM.

BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

BEST MANAGEMENT PRACTICE (BMP). A design or practice employed with the primary objective to minimize adverse water quality impacts, preserve beneficial features on-site, avoid downstream erosion and habitat loss, maintain natural base flows and groundwater recharge, prevent increases to downstream flooding, provide multiple uses of drainage and storm water drainage facilities, and/or provide for the economical, safe and aesthetically pleasing drainage system for development.

BLOCK. A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, waterways, or municipal corporate boundary lines.

BOARDING OR ROOMING HOUSE. A building with not more than 5 guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guest.

BORDER PLANTS/FOUNDATION PLANTINGS. Perennial flowers, shrubs or bushes of various height and diameter used to screen building foundations, appurtenances and property boundaries.

BUFFER. A combination of physical green space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible or dissimilar land uses from each other.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum setback requirements have been complied with.

BUILDING.

(a) Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or goods.

(b) Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, and other similar structures, are not considered as buildings.

BUILDING (COMPLETELY ENCLOSED). A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

BUILDING HEIGHT. The vertical distance measured from the finished lot grade at the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation for the finished lot grade at the front of the building.

BUILDING (NONCONFORMING). Any lawfully constructed building which on the effective date of this chapter, complies with all the regulations for the zoning district in which the building is located.

BUILDING PERMIT. A permit issued by the village for the construction, alteration, removal or demolition of a building or structure.

BUILDING (PRINCIPAL). A non-accessory building in which the principal use of the zoning lot on which it is located is conducted.

BUILDING SETBACK LINE. The line nearest the front of and across a zoning lot, establishing the minimum setback to be provided between the front line of a building or structure and the street right-of-way line.

BUILDING (TEMPORARY). Any building not permanently affixed to the land.

BULK. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

(a) Size and height of buildings;

(b) Location of exterior walls at all levels in relation to lot lines, streets, or other buildings;

(d) Amount of lot area per dwelling unit; and

(e) Required parking areas.

BUS LOTS. Any lot or land area used for the storage layover of passenger buses or motor coaches.

BUSINESS. The word BUSINESS or the word COMMERCE when used in this chapter means the engaging in the purchase, sale, barter, or exchange of goods, wares, or merchandise, the provision of services for compensation, or the maintenance or operation of offices, or recreational or amusement enterprises.

BUSINESS AND PROFESSIONAL OFFICE. The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

CALIPER. A circumferential measurement of the tree measured 6 inches above existing grade at the base of the tree for those trees with a caliper of 4 inches or less and 48 inches above existing grade at the base of the tree for those trees with a caliper of above 4 inches.

CAR WASH (AUTOMATIC). A building or portion thereof containing facilities for washing small motor vehicles, using production-line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.

CAR WASH (SELF-SERVICE). A building or portion thereof containing facilities for washing small motor vehicles, using self-service mechanical devices.

CARGO STORAGE CONTAINER.

(a) A reusable vessel designed without an axle or wheels capable of being:

1. Used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; or

2. Mounted or moved on a rail car and/or being mounted on a chassis, bogie or trailer for movement by truck trailer or loaded on a ship.

(b) CARGO STORAGE CONTAINERS typically have a storage capacity of 1,030 to 2,060 cubic feet.

CELLULAR SERVICE. A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.

CELLULAR TELECOMMUNICATIONS. A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.

CLINICAL OR MEDICAL HEALTH CENTER. An establishment where licensed doctors engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, x-ray and allied departments for the diagnosis and treatment of humans, which need not, but may include, a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the MEDICAL CENTER OR MEDICAL CLINIC may include the space for the practice of dentistry.

CLUB OR LODGE (PRIVATE). A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guest.

COMPOSITE MATERIALS. Natural or manmade materials or combinations of said materials, other than steel, aluminum, or vinyl or other plastic or metal material, in panels or individual units having a long life finish that resembles wood siding, stone, brick, concrete masonry units or concrete tilt wall panels. The COMPOSITE MATERIALS shall be painted, fluted, or exposed aggregate. Other architectural finishes may be approved by the Village Board on a case by case basis if such finishes incorporate the use of striping, accenting, trim, cornices, fenestration, banding or other comparable architectural techniques so as to create an aesthetic appeal similar to the aforementioned architectural finishes. Smooth or un-textured finishes are not acceptable unless painted and maintained.

CONIFERS. Coniferous (evergreen) tree, cone-bearing with year-round green coloration such as pine, spruce, fir, cedar, and the like.

COTTAGE FOOD OPERATION. An operation conducted by a person who produces or packages non-potentially hazardous food in a kitchen located in that person’s primary domestic residence or another appropriately designed and equipped residential or commercial-style kitchen on that property for direct sale by the owner or a family member, stored in the residence or appropriately designed and equipped residential or commercial-style kitchen on that property where the food is made.

COURT (OUTER). An open, unoccupied space opening onto a street, alley or yard.

CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than 1 street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.

DAY CARE CENTER. A facility, other than within a residential dwelling unit, which exclusively provides supplemental care and supervision, recreation, and/or educational instruction to children or adults during the entire or any portion of the day. Such facilities are regulated by the Illinois Department of Children and Family Services (DCFS).

DAY CARE HOME. A residential dwelling unit that receives more than 3 and up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family’s natural or adopted children and all other persons under the age of 12. Such facilities are regulated by the Illinois Department of Children and Family Services (DCFS).

DECIBEL. A unit of measurement of the intensity (loudness) of sound.

DECIDUOUS. A plant with foliage that is shed annually.

DECK. A structure attached to or closely adjacent to any dwelling unit that is:

(a) Designed and intended for the support of people;

(b) Open to the sky and has no permanent roof; and

DENSITY, GROSS. The total number of dwelling units per gross acre of land determined by dividing the total gross acreage of a site by the minimum lot or dwelling unit size of the appropriate residential district.

DENSITY, NET. The numerical value used as a measurement for the specific intensity of that portion of a development upon which buildings are placed. NET DENSITY is obtained by dividing the total number of dwelling units in a development by the net acreage (gross acreage less acreage devoted to road right-of-way, stormwater retention/detention) within the development, the result of which is the number of dwelling units per net acre of land.

DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT. Any place of business operated for the sale and purchase of food and other goods, or the rendering of services which facility is designed and equipped so as to allow its patrons to be served or accommodated while remaining in their motor vehicle.

DRIVEWAY. That portion of a lot used to provide access from the street to a place of residence or business and which has been graded and graveled or surfaced with concrete, asphalt, crushed stone, or other hard surface and dustless materials.

DWARF SHRUB. A deciduous or evergreen shrub which has a height of less than 6 feet at maturity.

DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including 1-family dwelling units, 2-family dwelling units, and multiple-family dwelling units, but not including mobile homes, hotels, boarding, or lodging houses.

DWELLING (1-FAMILY). A dwelling unit designed exclusively for use and occupancy by 1 family.

DWELLING (2-FAMILY). A building designed or altered to provide dwelling units for occupancy by 2 families.

DWELLING (ATTACHED). A dwelling which is joined to another dwelling at 1 or more sides by a party wall or walls.

DWELLING (DETACHED). A dwelling which is entirely surrounded by open space and is not connected to any other dwelling unit by roof, walls or porches.

DWELLING (MULTIPLE-FAMILY). A building or portion thereof, designed or altered for occupancy by 3 or more families living independently of each other.

DWELLING (ROW, PARTY WALL). A row of 2 to 8 attached 1-family, party-wall dwellings, and not more than 2-1/2 stories in height.

DWELLING UNIT. One or more rooms in a residential building, or residential portion of a building, which are arranged, designed, used or intended for use by 1 family, and which includes cooking space and lawful, sanitary facilities reserved for the occupants thereof.

EASEMENT. An authorization or grant by a property owner for the use by another, and for 1 or more specific purposes, of any designated part of the owner property.

EDUCATION INSTITUTION. Public, parochial, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

EFFICIENCY UNIT. A dwelling unit consisting of 1 principal room for living, sleeping and eating, plus facilities for cooking and a complete bath and toilet facilities.

FAMILY. One or more individuals occupying a dwelling unit and living as a single household unit.

FENCE. A structure which is a barrier and is used as a boundary or means of protection or confinement.

FENCE (SOLID). A fence including gates, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.

FREEWAY. A major highway having no intersections at grade and having fully controlled access, hence “free” from conflicts and interruptions.

FREQUENCY. The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.

FRONT ELEVATION. The entire exterior wall adjoining the front yard of a lot, excluding windows, doors, other building openings and the roof.

FRONTAGE. All the property fronting on 1 side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway or other similar barrier.

GARAGE. Any accessory building or an accessory portion of the principal building which is intended for and used to store vehicles and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on.

GARAGE (BUS). Any building used or intended to be used for the storage of 3 or more passenger motor buses, or motor coaches used in public transportation, including school buses.

GLASS WALLS. Shall include glass curtain walls or glass block construction. GLASS CURTAIN WALL shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of glass or other surfacing material supported in a metal framework.

GOLF COURSE. Public, semi-public, or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto.

GRADE (STREET). The elevation of the established street in front of the building measured at the center of such front. Where no STREET GRADE has been established, the Village Engineer shall establish such STREET GRADE or its equivalent for the purposes of this section.

GROSS FLOOR AREA (for the purpose of determining requirements for off-street parking and off-street loading).

(a) The FLOOR AREA shall mean the sum of the gross horizontal area of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(b) However, FLOOR AREA for the purpose of measurement of off-street parking and loading spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking or loading spaces:

1. Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; and

2. Basement floor area other than area devoted to retailing or service activities, or the production or processing of goods, or to business or professional offices.

GROUND FLOOR AREA. The lot area covered by a principal building measured at grade from the exterior faces of the exterior walls, but excluding open porches or terraces, garages or carports.

GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

HANDICAPPED. Having a physical, mental or emotional impairment which substantially limits 1 or more of such person’s major life activities; a record of having such impairment; or being regarded as having such impairment. The term shall include, but not be limited to: persons who are developmentally or physically disabled, the mentally ill, recovering alcoholics, and those who are suffering from AIDS and other diseases. Such term shall not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)), nor shall it include any person whose residency in the home would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.

HOME KITCHEN OPERATION. A person who produces or packages non-potentially hazardous food in a kitchen of that person’s primary domestic residence for direct sale by the owner or a family member, or for sale by a religious, charitable, or nonprofit organization, stored in the residence where the food is made. The following conditions must be met in order to qualify as a HOME KITCHEN OPERATION:

(a) Monthly gross sales do not exceed $1,000.

(b) The food is not a potentially hazardous baked food, as defined in Section 4 of the Food Handling Regulation Enforcement Act.

HOME OCCUPATION. Any occupation or profession carried on by a member of a family, residing in a dwelling unit as a use that is clearly incidental to the use of the dwelling unit for residential purposes.

HOSPITAL OR SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.

HOTEL OR MOTEL. An establishment containing lodging accommodations designed for use by transients, or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, and restaurants and banquet facilities.

JUNK YARD. An open area where waste, scrap metal, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

KENNEL (COMMERCIAL). Any lot or premises or portion thereof on which more than 4 dogs, cats or other household domestic animals over 4 months of age, are kept, or on which more than 2 such animals are boarded for compensation or kept for sale.

LABORATORY (COMMERCIAL). A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.

LANDSCAPE SPACE. A portion of any development site not covered by buildings, parking, sidewalks or other paved surfaces.

LANDSCAPING. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

LOADING AND UNLOADING SPACE OR BERTH (OFF-STREET). An open, hard-surfaced area of land, other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than 10 feet in width, 25 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.

LOT. Parcel of land legally described as a distinct portion or piece of land of record through the subdivision or platting process.

LOT AREA. The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.

LOT (CORNER). A lot situated at the junction of and adjacent to two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 130 degrees or less.

LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings, accessory structures, and impervious improvements such as driveways, patios, and sidewalks.

LOT DEPTH. The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

LOT FRONTAGE. The FRONT of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line. LOT FRONTAGE shall be measured at the front setback line.

LOT (INTERIOR). A lot other than a corner or reversed corner lot.

LOT LINE. A line of record bounding a lot which separates one lot from another lot or from a public or private street or any other public space. Also known as a PROPERTY LINE.

LOT LINE (INTERIOR). A side lot line common with another lot.

LOT LINE (SIDE). Lot line other than front or rear lot lines are SIDE LOT LINES.

LOT OF RECORD. An area designated as a lot on a plat or subdivision recorded or a parcel of land with a legally recorded deed in accordance with the Illinois Plat Act as amended.

LOT, REVERSED CORNER. A corner lot, the rear of which is adjacent to the side of another lot, whether across an alley or lot.

LOT (THROUGH). A lot having frontage on 2 parallel or approximately parallel streets, and which is not a corner lot. On a THROUGH LOT both street lines shall be deemed front lot lines.

LOT WIDTH. The mean horizontal distance between the side lot lines measured within the boundaries, or the minimum distance between the side lot lines within the buildable area.

LOT, ZONING. A parcel of land, composed of 1 or more recorded lots or a parcel of land described by metes and bounds, that is of sufficient size to meet the minimum district requirements of this chapter and having frontage on an improved public street, and which is designated by its owner or developer as a tract of land to be used, developed, or built upon as a unit, under a single ownership or control. A ZONING LOT may or may not coincide with the definition of a lot of record.

MANUFACTURE. The production or processing of products or commodities for general consumption of the public or for sale to specialized institutions or organizations. Also included is the sub-assembly, fabrication, or processing of parts or components for use in other products or commodities.

MARQUEE OR CANOPY. A rooflike structure of a permanent nature which projects from the wall of a building and may overhang the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

MASONRY CONSTRUCTION. Includes all construction of stone material (including manufactured stone products), brick material, concrete masonry units, or for non-single-family residential concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction. The standards for MASONRY CONSTRUCTION types are listed below:

(a) STONE MATERIAL. Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone, dimensioned stone, and manufactured stone products are acceptable.

(b) BRICK MATERIAL. Brick material used for masonry construction shall be hard fired (kiln fired) clay, calcium silicate (sand/lime), shale or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Slid Masonry Unit Made of Clay or Shale), and shall be severe weather (SW) grade, and Type FBA or FBS or better. No unfired or under-fired brick shall be permitted.

(c) CONCRETE MASONRY UNITS. Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM C90, Standard Specification for Loadbearing Concrete Masonry Units (hollow and solid); ASTM C129, Standard Specification for Nonloadbearing Units (hollow and solid). Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish, integrally colored, subject to approval by the Village Board. Lightweight concrete block not conforming to the foregoing standards or cinder block construction shall not be acceptable as exterior finishes.

(d) CONCRETE PANEL CONSTRUCTION. Concrete finish, pre-cast panel or tilt wall construction shall be painted, fluted, or exposed aggregate. Other architectural concrete finishes may be approved by the Village Board on a case by case basis if such finishes incorporate the use of striping, accenting, trim, cornices, fenestration, banding or other comparable architectural techniques so as to create an aesthetic appeal similar to the aforementioned architectural concrete finishes. Smooth or un-textured concrete finishes are not acceptable unless painted and maintained.

MASSAGE. A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. MASSAGE does not include actions taken by licensed acupuncturists, chiropractors, cosmetologists, estheticians, nail technicians, naprapaths, nurses, occupational therapists, physical therapists, physicians, or podiatrists in a manner consistent with applicable state licensing requirements, their training and the code of ethics of their respective professions.

MASSAGE ESTABLISHMENT. An establishment having a fixed place of business where any person, firm, association, or corporation receives compensation for engaging in or carrying on or permitting to be engaged in or carried on any of the activities constituting a massage.

MASSAGE THERAPIST. A person who is licensed by the Illinois Department of Professional Regulation and administers massages for compensation.

MEDICAL CANNABIS DISTRIBUTION FACILITIES. Shall mean a “cultivation center” or a “medical cannabis dispensing organization” as defined in the Compassionate Use of Medical Cannabis Pilot Program Act (hereinafter the “Compassionate Use Act”).

MICROBREWERY OR BREW PUB. A restaurant-brewery that brews beer primarily for sale in a restaurant and is dispensed directly from the brewery’s storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One U.S. barrel is equivalent to 31 gallons.

MICRODISTILLERY. A small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than 15,000 gallons per calendar year on-site. The MICRODISTILLERY facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Offsite distribution of the alcoholic beverages shall be consistent with state law.

MICROWINERY. Combination retail, wholesale and small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves wine for sale on or off-site, and produces no more than 100,000 gallons per year. The MICROWINERY facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Offsite distribution of the vinous beverages shall be consistent with state law.

MOBILE FOOD VENDOR. A self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for individual portion service.

MOBILE HOME. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for 1 or more persons.

MOBILE HOME PARK. A parcel or tract of land developed with facilities for locating 2 or more mobile homes provided each mobile home contains a kitchen, flush toilet, and shower or bath and that such MOBILE HOME PARK shall be for the use only by non-transient dwellers remaining continuously for more than 6 months, whether or not a change is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

MODULAR HOME. A building assembly or system of building sub-assemblies, designed for habitation as a dwelling for 1 or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation or assembly and installation on the building site, with a permanent foundation as approved by the building code.

MOVING CONTAINER. A portable, weather resistant receptacle used for the temporary storage of household goods; building materials or merchandise. MOVING CONTAINERS have a storage capacity of 1,024 cubic feet or less.

MULTI-FAMILY STRUCTURES. Residential buildings with 3 or more residential units including, but not limited to, apartment buildings, townhomes, and condominiums.

NAMEPLATE. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

NET SITE AREA. The area of a zoning lot, parcel or tract, excluding boundary rights-of-way.

NONCONFORMING LOT. A lot that lawfully existed prior to the enactment of the requirements of this chapter, but which does not meet the minimum lot size or lot width requirements of the zoning district in which it is located.

NONCONFORMING USE. Any building, structure, or land lawfully occupied by a use which was lawfully established at the time of the adoption of this chapter, or amendments thereto, and which does not conform after the effective date of this chapter, or amendments thereto, with the use regulations of this chapter. Said use shall be an active and actual use of the land and/or buildings which existed prior to the effective date of this chapter.

NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

OCCUPANCY CERTIFICATE. A certificate issued by the Building Inspector stating the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.

OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

OCTAVE BAND FILTER. An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals (American Standard for Sound Level Meters, A.S.A. No. 244, 3-1944).

OPEN SALES LOT. A lot or parcel of land used or occupied for the purpose of outdoor buying, selling, or trading of goods and commodities and including the storage of same prior to sale or exchange.

ORDINANCE. Reference to ORDINANCE or THIS CHAPTER shall be construed as the Diamond Zoning Ordinance.

ORNAMENTAL TREES. Deciduous trees generally smaller in stature than shade trees and ranging in size up to 25 feet.

OUTDOOR SALES AND DINING (SEASONAL). Temporary outdoor retail operations or displays of plants, fruits and vegetables that are sold during a specific season, including such items as Christmas trees, pumpkins, watermelons, sweet corn, and budding plants. Also, outdoor dining when associated with a restaurant.

OUTDOOR STORAGE. The keeping, in an unenclosed area, of any goods, equipment, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

PARKING AREA. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage motor vehicles under 1-1/2 tons capacity, whether for compensation, free or as an accommodation to clients or customers.

PARKING SPACE (AUTOMOBILE). Space within a public or private parking area of not less than 162 square feet (9 feet by 18 feet), exclusive of access drives, or aisles, ramps, columns or office and work areas, for the storage of 1 passenger automobile or commercial vehicle under 1-1/2 tons capacity.

PARKWAY. That portion of the village-owned property between the curb line, shoulder line, traveled portion of the roadway or alley and the private property line.

PARTICULATE MATTER. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

PERFORMANCE STANDARD. A criterion to control noises, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

PERSONAL WIRELESS SERVICE. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

PERSONAL WIRELESS SERVICE FACILITIES. Facilities for the provision of personal wireless services.

PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the Village of Diamond, as constituted by this chapter.

PLANNED UNIT DEVELOPMENT. A development approved in accordance with the planned unit development procedures of §§ 151.245 - 151.249, Planned Unit Developments, or the planned unit development procedures in effect at the time the development was approved.

PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and partially open to the weather.

PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.

PUBLIC OPEN SPACE. Any publicly-owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, and waterways.

PUBLIC UTILITY. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, cable television, internet, transportation, water or sewer.

PUBLIC WAY. Any sidewalk, street, alley, highway, or other public thoroughfare.

REPLACEMENT VALUE. Three times the assessed valuation of the improvement (based on information obtained from the Grundy or Will County Assessor). When assessed valuation data is not available, REPLACEMENT VALUE shall be determined by an insurance adjuster. If the property is not insured and assessed value information is not available, the average quotes from a minimum of 2 general contractors shall be used.

RESTAURANT. Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.

RIGHT-OF-WAY. A strip of land, typically dedicated to the public, and occupied or intended to be occupied by a street, railroad, or utility transmission line.

ROADSIDE STAND. A building used or intended to be used solely by the owner or tenant of the farm on which such building is located, for the sale of the farm products raised on said farm.

SANITARY LAND FILL. A method of disposing of solid fill by spreading and covering with earth to a depth of 2 feet on the top surface and 1 foot on the sides of the bank.

SHADE TREES. Deciduous (hardwood) tree having a mature height of 25 feet or greater and having a broad spread of branches with leaves providing shade during summer months and shedding leaves each autumn.

SMALL WIND ENERGY SYSTEM (SWES). Equipment that converts and then stores or transfers energy from the wind into useable forms of energy. This equipment includes any base, blade, foundation, generator, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. Such systems shall have a nameplate capacity of 100 kilowatts or less.

SOLAR ENERGY DEVICE. Equipment that converts and then stores or transfers energy from the sun into useable forms of energy.

SWIMMING POOL. Any structure, basin, chamber, or tank containing an artificial body of water for swimming or wading, having a depth of 2 feet or more at any point, including but not limited to inflatable pools.

TAVERN OR LOUNGE. A building where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.

TOWNHOME. Three or more dwelling units that are attached by vertical party walls (i.e., side-by-side, not stacked).

TOXIC MATERIALS. A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceeds 1-1/2 tons in capacity.

USE. The purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

VARIANCE. Permission to depart from the terms of this chapter where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property a literal enforcement of this chapter would result in unnecessary and undue hardship.

VEHICLE REPAIR (MAJOR). Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair and painting of vehicles.

VEHICULAR USE AREAS. All areas subject to vehicular traffic including, but not limited to, access ways, driveways, loading areas, service areas, and parking stalls for all types of vehicles. This definition shall not apply to covered parking structures or underground parking lots.

YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted herein, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

YARD (FRONT). A yard extending along the full length of the front lot line between side lot lines.

YARD (REAR). A yard extending along the full length of the rear lot line between side lot lines.

YARD (SIDE). A yard extending along a side lot line from the front yard to the rear yard.

ZONING ADMINISTRATOR. Wherever the term ZONING ADMINISTRATOR is used it shall mean the Zoning Administrator appointed by the Mayor and Village Board and such deputies, assistants or consultants as have been or shall be duly appointed. That officer is hereby authorized and it is his or her duty to administer and enforce the provisions of this chapter, making such determinations, interpretations and orders as are necessary therefor, and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary for him or her to judge compliance with this chapter.

ZONING LOT. A single tract of land within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT may or may not coincide with a lot of record.

ZONING MAP. The map incorporated herein as a part hereof, designating zoning districts.

(Ord. 2015-08, §§ 2.01, 2.02, passed 6-23-2015)

§ 151.003 INTERPRETATIONS.

(A) Minimum requirements. The provisions herein shall be held to be the minimum requirements necessary to fulfill this chapter’s stated purpose, and for the promotion of the public health, safety, morals and welfare.

(B) Existing violations. No building, structure, or use not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter and to the extent that said unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure, or use shall remain unlawful hereunder.

(C) Permits required. Nothing contained in this chapter shall be deemed to consent to, license, or permit to use any property or to locate, construct, or maintain any building, structure, site, facility, or operation, or to carry on any trade, industry, occupation, or activity without first obtaining an appropriate building permit, storm water management permit and/or zoning certificate.

(D) Provisions are cumulative. The provisions of this chapter shall be interpreted to be cumulative of, and to impose limitations in addition to, all other ordinances, laws, codes, and regulations in existence or which may be passed governing any subject matter of this chapter. To the greatest extent possible, the provisions of this chapter shall be construed to be consistent with, and not conflict with, the provisions of such other ordinances, laws, codes, and regulations, and with each other, to the end that all such provisions may be given their fullest application.

(E) Conflicting regulations.

(1) If a provision of this chapter is inconsistent with the provision of a federal or state law, the provision that imposes more restriction or greater control on development shall apply, to the extent permitted by law.

(2) If a provision of this chapter is inconsistent with another provision in this zoning chapter, or is inconsistent with another municipal code provision, the provision that imposes more restrictions or greater control on development shall apply.

(3) The zoning chapter is not intended to abrogate, interfere or annul any covenant, easement, deed restriction, or agreement between private parties. If the provisions of this chapter impose more restrictions or greater control on development, the provisions of this chapter shall apply. The village does not enforce private agreements.

(4) This zoning chapter contains tables and figures. In some cases the tables and figures are used in lieu of text; in other cases the tables and figures are meant to supplement or clarify the meaning of the text. In cases where there is a conflict between the text of this zoning chapter and a table or figure of this zoning chapter, the provisions as expressed in the text shall apply.

(Ord. 2015-08, § 3.01, passed 6-23-2015)

§ 151.004 SEPARABILITY.

It is hereby declared to be the intention of the Village of Diamond that the several provisions of this chapter are separable, in accordance with the following:

(A) If any court of competent jurisdiction shall deem any provision of this chapter to be invalid, such judgment shall not affect any other provisions not specifically included in said judgment.

(B) If any court of competent jurisdiction shall deem invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of said provisions to any other property, building or structure not specifically included in said judgment.

(Ord. 2015-08, § 3.02, passed 6-23-2015)

§ 151.005 SCOPE OF REGULATIONS.

(A) Change in structures or use. Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(B) Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of the zoning chapter may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions in §§ 151.035 - 151.043, Nonconforming Buildings and Uses.

(C) Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 180 days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with approval plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of §§ 151.035 - 151.043, Nonconforming Buildings and Uses.

(Ord. 2015-08, § 3.03, passed 6-23-2015)

§ 151.006 USE AND BULK REGULATIONS.

(A) New uses. No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure, or land shall hereafter be used, occupied, or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations herein which are applicable to the zoning district which such building, structure, or land is located. No use of a structure or parcel of land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use, in such district, unless a special use permit has been secured in accordance with the provisions of § 151.209, Special uses, of this chapter.

(B) Existing uses. Except as may otherwise be provided, all structural alterations or relocations of existing buildings occurring after the effective date of this chapter, and all enlargement of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses, or land shall be located.

(C) Existing special uses. Where a structure and use thereof of land lawfully exists on the effective date of this chapter, and is classified by this chapter as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth is required only for any expansion or major alteration of such existing legal special use. If the special use ceases for a period of more than 1 year, the special use permit shall be void and the special use cannot again be started. No lawful special use shall be changed to any other use unless such new use is a permitted use in the district in which the property is located; nor shall such lawful special use be altered or expanded in any manner, except in compliance with the following:

(1) Application amending the legal special use filed in accordance with § 151.209, Special uses.

(2) The use shall comply with all other requirements of the district in which the property is located.

(3) The use shall comply with all requirements established under § 151.209, Special uses.

(D) Uses not specifically permitted in district are prohibited. Except as hereinafter provided, when a use is not specifically listed as a permitted or special use in any specific zoning district, such use shall be expressly prohibited.

(E) Compliance with regulations. No structure, or part thereof, shall hereafter be built, moved or remodeled in such a way that creates or increases the degree of nonconformance, and no structure or lot shall hereafter be used, occupied, arranged or designed for use or occupancy on a zoning lot which is not in conformance with the site and structure requirements of the zoning district or as otherwise permitted pursuant to a special use permit issued in accordance with § 151.209, Special uses.

(F) Time limitations. Where the Zoning Officer has issued a special use permit, a temporary use permit, or a permit for a variance pursuant to the provisions of this chapter, such permit shall become null and void unless work thereon is substantially under way within 1 year of the date of the issuance of such permit by the Zoning Officer.

(G) Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the property owner as long as the building is in existence. Further, no legally required yards, open space, or minimum lot area allocated to any building shall, by virtue of a change in ownership or for any other reason be used to satisfy yard, open space, or minimum lot area requirements for any other building.

(Ord. 2015-08, § 3.04, passed 6-23-2015)

§ 151.007 BUILDING HEIGHT EXCEPTIONS.

All new buildings and structure shall conform to the building height regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village.

(Ord. 2015-08, § 3.05, passed 6-23-2015)

§ 151.008 YARDS.

(A) Maintenance of yards, courts and other open spaces. The maintenance 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. Furthermore, 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, other open space or minimum lot area requirements for any other building.

(B) Division of zoning lots. No zoning lot shall hereafter be divided into 2 or more zoning lots unless all improved zoning lots resulting from each such division shall conform to all the applicable bulk regulations of the zoning district in which the property is located.

(C) Location of required open space. All yards, courts and other open spaces allocated to a building shall be located on the same zoning lot as such building or dwelling group.

(D) Required yards for existing buildings. No yards allocated to a building, structure or use existing on the effective date of this chapter shall be subsequently reduced, or be further reduced below the yard requirements of this chapter except a yard adjoining a street may be reduced in depth or width in the event and to the extent, that the right-of-way width of such street adjoining such yard is subsequently increased.

(E) Permitted obstructions in required yards. The following Table 151.008(E), Permitted Obstructions in Required Yards, lists items that are permitted in yards and the location(s) where they are permitted. A “P” denotes that the obstruction is permitted and an “N” denotes that the obstruction is not permitted.

Table 151.008(E): Permitted Obstructions in Required Yards
Projection, Obstruction, or Accessory Use with Limitations	Yard
Projection, Obstruction, or Accessory Use with Limitations	Front	Rear	Side	Corner Side
Accessory buildings, subject to the provisions of § 151.015, Accessory buildings	N	P	P	P
Air conditioning units, window, provided they do not extend more than 2 feet from window	N	P	P	P
Air conditioning units and equipment, other than window, provided they are at least 4 feet from all property lines	N	P	P	P
Arbors and trellises	P	P	P	P
Awnings and canopies, providing they project less than 6 feet from façade and at least 7 feet, 6 inches above grade	P	P	P	P
Balconies, open; providing they project less than 6 feet from façade and at least 7 feet, 6 inches above grade	P	P	P	P
Basketball goal on non-recreational land use, limited to 1 pole or garage mounted goal and shall be at least 5 feet from all property lines	P	P	P	P
Chimney, projecting no more than 2 feet from the primary building	N	P	P	P
Garages, detached	N	P	P	N
Decks and terraces in a residential district, provided that they are at least 7 feet from all property lines	N	P	P	P
Dish antennas
Greater than 30 inches diameter	N	P	N	N
Less than 30 inches diameter	N	P	P	P
Dog runs, enclosed, provided that the minimum distance to any and all property lines is at least 10 feet	N	P	N	N
Fences, not to exceed 4 feet in front yard and 6 feet in all side and rear yards	P	P	P	P
Flagpoles	P	P	P	P
Laundry drying equipment	N	P	N	N
Patios with patio covers in a residential district, provided that they are at least 7 feet from all side and rear property lines	N	P	P	P
Patios without patio covers in a residential district, provided that they are at least 4 feet from all side property lines and at least 15 feet from all front property lines (and outside of any easements)	N	P	P	N
Ramps for use by disabled persons	P	P	P	P
Recreation vehicle parking or storage	N	P	P	P
Sheds, and storage buildings (see § 151.015)	N	P	P	N
Steps, open without roof	P	P	P	P
Swimming pools, private	N	P	N	N
Television or radio towers or antennas, provided that they are at least 5 feet from all property lines	N	P	N	N
Tennis courts, private, provided not less than 10 feet from any property line or the minimum setback, whichever is more restrictive	N	P	N	N
Trash dumpsters and/or garbage receptacles	N	P	P	N
Volleyball, basketball, shuffleboard and other courts, private, provided that they are in a residential district and not less than 10 feet from any property line	N	P	N	N

(F) Vision clearance; corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

(1) In any residential district, exceeding a height of 3 feet above the street grade within 25 feet of the intersecting right-of-way lines bordering corner lots; and

(2) In any business or industrial district, within 12 feet of the intersecting right-of-way lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the 1st floor.

(G) Exceptions for existing developments. Where 40% or more of the frontage on 1 side of a street between 2 intersecting streets is developed with buildings that have not observed a front yard as herein required, then the minimum front yard shall be the average of all building setbacks on the block.

(Ord. 2015-08, § 3.06, passed 6-23-2015)

§ 151.009 LOT AREA AND DIMENSIONS.

(A) Contiguous parcels. When 2 or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in 1 ownership, they shall be used as 1 zoning lot for such use.

(B) Lots or parcels of land of record. Any single lot or parcel of land, held in 1 ownership which was of record at the time of adoption of this chapter, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use provided that all yards, courts or usable open spaces are not less than 75% of the minimum required dimensions of such areas. If the lot width or area is less than 75% of the required dimensions or area, a variance may be requested (see § 151.206).

(Ord. 2015-08, § 3.07, passed 6-23-2015)

§ 151.010 ACCESS TO PUBLIC STREETS.

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which is adjacent to a public street and is provided with facilities for ingress and/or egress to and from such public street, unless a permanent easement of access to a public street was of record prior to the adoption of this chapter.

(Ord. 2015-08, § 3.08, passed 6-23-2015)

§ 151.011 ACCESS ACROSS PROPERTY.

No lot shall be used for motor vehicle access to any other lot or land unless such access has been approved by the Village Board.

(Ord. 2015-08, § 3.09, passed 6-23-2015)

§ 151.012 NUMBER OF BUILDINGS ON A ZONING LOT.

Not more than 1 principal building may be located on a single lot of record or a single zoning lot unless otherwise authorized within each zoning district.

(Ord. 2015-08, § 3.10, passed 6-23-2015)

§ 151.013 MULTIPLE USES ON A ZONING LOT.

Where 2 or more permitted or special uses, each requiring a minimum area and width, are provided in the same building or on the same lot, the required area and width shall be the sum of the areas and width required for each use individually.

(Ord. 2015-08, § 3.11, passed 6-23-2015)

§ 151.014 THROUGH LOTS.

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 1 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.

(Ord. 2015-08, § 3.12, passed 6-23-2015)

§ 151.015 ACCESSORY BUILDINGS.

(A) Location.

(1) Accessory buildings may be attached or detached from the principal building. Accessory uses may be within an accessory building or within a principal building. When a side yard is required, no part of an accessory building shall be located closer than 7 feet to the side lot line along such side yard. When a rear yard is required, no part of an accessory building shall be located closer than 7 feet to the rear lot line or to those portions of the side lot lines adjacent to such required rear yard. In a residential district, no detached accessory building shall be closer than 10 feet to the principal building.

(2) Notwithstanding the above provisions, no accessory building or structure shall encroach on a utility easement without waivers from local public or quasi-public entities or utility companies to which such easement was dedicated. No accessory building or structure shall be located in a drainage easement so as to impede or obstruct the flow of surface water.

(B) Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(C) Percentage of required rear yard occupied. No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.

(D) Height of accessory buildings in required rear yards. No accessory building or portion thereof located in a required rear yard shall exceed 15 feet in height.

(E) On reversed corner lots. 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 adjacent to the street

than the required front yard on the adjacent lot to the rear. Further, in the above instance, no such accessory building shall be located within 7 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.

(F) Canopies. Freestanding canopies for motor vehicles are not permitted within any residential district.

(Ord. 2015-08, § 3.13, passed 6-23-2015)

§ 151.016 TEMPORARY BUILDINGS.

(A) A temporary real estate office may be allowed in conjunction with a new housing development, limited to the selling or renting of new units in such development, but in no case to be in operation for more than 1 year following completion of construction of said housing development.

(B) Temporary buildings for construction purposes may be allowed in any district for a period not to exceed the completion date of such construction.

(Ord. 2015-08, § 3.14, passed 6-23-2015)

§ 151.017 MOBILE FOOD VENDORS.

Mobile food vendors are permitted on private property on paved surfaces in areas zoned for non-residential use subject to the following requirements:

(A) Vendor must have a valid permit from the County Health Department in which the food vendor is operating (Will or Grundy); and

(B) Vendor must have a current business license issued by the village.

(Ord. 2015-08, § 3.15, passed 6-23-2015)

§ 151.018 ROADS AND STREETS.

Permits shall not be issued by the village for construction on any subdivision lot that does not front on an existing connecting all weather road or street which is in compliance with the requirements of, and approved by, the appropriate governmental agency having jurisdiction over said road or streets. When it is necessary to improve or construct a road or street to comply with the above regulation, it is the responsibility of the owner of said lot.

(Ord. 2015-08, § 3.16, passed 6-23-2015)

§ 151.019 SMALL WIND ENERGY SYSTEMS.

(A) Permitted or special use. A small wind energy system shall be permitted in any business, industrial or agricultural district and require a special use permit in any residential district (see § 151.209 for special use procedures).

(B) Standards. Any small wind energy system shall meet the following standards unless modified through a condition(s) attached to the ordinance approving the special use.

(1) Roof-mounted small wind energy systems shall not exceed 15 feet in height above the elevation of the roof installation point, measured from the point of attachment to the top of the turbine blade at its highest point. Small wind energy systems shall be located no closer than 10 feet from an adjacent property line.

(2) Freestanding small wind energy system shall be set back a distance equal to 110% of the combined height of the tower plus the length to the tip of the blade from all adjacent property lines. Additionally, no portion of the small wind energy system, including guy wire anchors, may extend closer than 10 feet to the property line. The wind energy system shall maintain a circular clear zone that has a radius which is equivalent to 110% of the combined distance of the tower height plus the length to the tip of the blade. This clear zone shall be maintained free of any occupied structures, tanks containing combustible/flammable liquids, and above ground utility/electrical lines.

(3) Small wind energy systems shall have a non-reflective finish and shall be neutral in color. Small wind energy systems shall not be artificially lighted.

(4) A building permit shall be required prior to erecting any small wind energy system. Mounting for such systems shall be in conformance with all electrical codes and building codes to ensure wind and weight loading requirements are met. Plans shall be stamped by a licensed structural engineer, and inspected by a qualified inspector for such installations.

(5) An emergency direct current disconnect switch shall be provided in an accessible location near the electric meter to shut off such system in the event of an emergency.

(6) Small wind energy systems shall have a governor installed to regulate and limit the speed of the turbine in high wind events.

(7) Small wind energy systems not in service for a period of 180 days shall be removed and the property on which it is located restored to its original condition within 30 days.

(8) Small wind energy systems shall be primarily used to generate energy for the property where it is located.

(9) The small wind energy system shall not exceed 55 decibels using the A scale (dBA), as measured at the site property line, except during short term events such as severe wind storms and utility outages.

(Ord. 2015-08, § 3.17, passed 6-23-2015)

§ 151.020 SOLAR ENERGY SYSTEMS.

(A) Roof mounted solar energy systems.

(1) Solar panels shall be permitted on any roof in any zoning district as permitted accessory uses.

(2) Solar panels shall be flush with the roof line when possible, and shall not be elevated more than 30 degrees off the roof pitch where it is attached or no more than 5 feet, whichever is less. Solar panels shall not extend beyond the roof line and shall be located no closer than 10 feet from an adjacent property line. Solar panels shall not be located on a roof face that faces the front yard of a lot. Solar panels may cover 100% of the roof of non-residential buildings provided that they are fully screened from view on all sides of the building as viewed from ground level.

(3) Solar shingles shall be permitted to cover any amount of a roof without the location limitation above provided that they are incorporated into and made to appear as part of the roof, continuous in area without gaps, rectangular in shape and do not cause glare to reflect on to neighboring properties.

(4) All frame and visible structural parts of a solar panel shall match the roof color. No solar panel shall be artificially lighted.

(5) A building permit shall be required prior to erecting any solar panel. Mounting for such systems shall be in conformance with all electrical codes and building codes to ensure wind and weight loading requirements are met. Plans shall be stamped by a licensed structural engineer and by a qualified inspector for such installation.

(6) Solar panels shall not be permitted in any location other than the surface of the roof of the structure, unless otherwise specified in the subject zoning district.

(7) Solar panels shall be primarily used to generate energy for the property where it is located.

(B) Ground-mounted solar energy systems.

(1) Freestanding ground-mounted solar energy systems are permitted within all business, industrial and agricultural districts. No freestanding panels shall be allowed in any residential zoning district.

(2) Solar panels shall be set back as follows:

(a) In all zoning districts, systems shall not be located in any required front yard or corner side yard;

(b) In all zoning districts, systems shall comply with the respective setback requirements, as measured from the property line to the closest edge of the system; and

(c) The total solar panel surface area shall be included in the floor area ratio calculations for the respective zoning district.

(3) Solar panels shall not exceed the height limits for accessory structures in the respective zoning district, as measured from adjoining grade at base to the highest elevation of the equipment.

(4) A building permit shall be required prior to erecting any solar panel. Mounting for such systems shall be in conformance with all electrical codes and building codes to ensure wind and weight loading requirements are met. Plans shall be stamped by a licensed structural engineer and by a qualified inspector for such installation. Plans should identify any buffering and how the area under the solar panels will be maintained.

(Ord. 2015-08, § 3.18, passed 6-23-2015; Am. Ord. 2022-10, passed 10-25-2022)

§ 151.021 HOME OCCUPATIONS.

(A) General. The standards for home occupations are intended to insure compatibility with the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation.

(B) Performance requirements. A home occupation or profession, where permitted in a zoning district, shall meet the following performance requirements in addition to those standards applicable to the district in which they are located:

(1) Not more than 1 person other than members of the immediate family occupying such dwelling shall be employed on the premises.

(2) No alteration of the principal building shall be made which changes the residential appearance of the dwelling.

(3) No more than 25% of the net floor area of the residential dwelling unit shall be devoted to any home occupation.

(4) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in §§ 151.175 - 151.185, Off-Street Parking, Stacking, and Loading, of this chapter, and shall not be located in a required front yard.

(5) Signage shall be in conformance with §§ 151.150 - 151.161, Signs, of this chapter.

(6) No equipment or material used shall constitute a hazard, create a nuisance or interfere with the reception of broadcast signals.

(7) The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling.

(8) All material equipment, merchandise or work in process shall be wholly enclosed within the dwelling or an accessory building.

(1) Day care homes licensed by the state.

(2) Dressmakers, seamstresses or tailors.

(3) Tutors (math, reading, science, and the like), music or dancing teachers, provided that the instruction shall be limited to 1 pupil at a time, except for occasional groups.

(4) Artists, photographers, sculptors, or authors.

(5) Physicians, dentists, or other licensed medical practitioners.

(6) Planners, architects, attorneys, engineers, realtors, insurance agents, brokers, computer programmers and members of similar professions.

(7) Offices for salespersons, sales representatives or manufacturers’ representatives; provided that no retail transactions shall be made on the premises except through telephone, facsimile or mail communication and no wholesale transactions shall include the acceptance or delivery of merchandise on the premises.

(8) Home kitchen operations; cottage food operations.

(D) Prohibited home occupations.

(1) Animal hospitals.

(2) Clinics or hospitals.

(3) Commercial boarding stables or kennels.

(4) Dancing schools, except where permitted above.

(5) Day care center.

(6) Mortuaries.

(7) Private clubs.

(8) Renting of trailers.

(9) Repair shops or service establishments, except the repair of small electrical appliances and other similar items.

(10) Restaurants.

(Ord. 2015-08, § 3.19, passed 6-23-2015)

§ 151.022 PERSONAL WIRELESS SERVICE FACILITIES.

(A) Locations.

(1) Subject to site plan approval, personal wireless service facilities shall be considered a permitted use if located on an existing freestanding tower, including co-locations, on village-owned property. Provided no such village-owned property meets the needs of the petitioner, location on an existing freestanding tower, including co-locations, on non-village owned property shall be considered a permitted use. Prior to construction of such facilities, the petitioner must receive site plan approval pursuant to review process set forth in § 151.210, Site plan review, of this chapter;

(2) Except as provided in division (A)(1) above, a special use permit is required and may be requested pursuant to the special use process set forth in § 151.209 for any use that satisfies the definition of personal wireless service facility, as defined herein, provided that the proposed location satisfies any 1 of the criteria listed below:

(a) The proposed facility is a new structure on village-owned property pursuant to an agreement with the village and further provided that such facilities are so designed so as to allow and encourage co-location by other potential users;

(b) The proposed facility is within the B-3, I-1 or I-2 Districts and is not within 500 feet of a residential zoning district. Further, the petitioner must perform its due diligence and demonstrate there are no locations that satisfy the criteria provided in divisions (A)(1) and (A)(2)(a) above. If any such locations do exist, the special use permit may be denied; and

(c) The proposed facility is attached to an existing structure within a non-residential. The petitioner must perform its due diligence and demonstrate there are no locations that satisfy the criteria provided in divisions (A)(1) and (A)(2)(a) above. If any such locations do exist, the special use permit may be denied.

(B) Maximum height for personal wireless service facilities. An applicant for approval of a personal wireless facility shall demonstrate that the personal wireless facilities do not exceed the minimum height required to function satisfactorily. Under any circumstances, personal wireless facilities shall not exceed the following height restrictions unless otherwise specifically approved by grant of a special use permit:

(1) The maximum height of a freestanding tower shall not exceed 100 feet; provided, however, that an applicant requesting a freestanding tower shall demonstrate that the tower antenna is the minimum height required to function satisfactorily;

(2) If mounted on the roof of an existing building or structure, the height of an antenna shall not exceed 10 feet above the height of the existing structure; provided, however, that the maximum height may be increased if:

(a) The radio signal would be impaired or blocked off if the antenna was located near the middle of the roof; and

(b) The Village Board determines that it is preferable to locate the antenna at a location other than near the edge of the roof.

(3) An antenna attached to the side of a building, structure, or tower shall not extend above the roof of the building, structure, or tower; provided, however, if the radio signal is distorted or blocked by structures located on the roof of the building, the Village Board may allow the height to exceed the height of the building, structure or tower in its discretion.

(1) Support structures and antennas shall have a non-contrasting blue, gray, or similar color that minimizes their visibility and is compatible with the surrounding landscape;

(2) Personal wireless service facilities should be architecturally compatible with the surrounding buildings and land uses or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical; and

(3) Personal wireless service facilities attached to a freestanding tower shall not be located between a principal building and a street or in the front yard of the lot in question. Such freestanding tower shall be located adjacent to the rear wall of the principal building unless:

(a) It is shown that an alternate location results in more effective screening or blending of the tower into the surrounding landscape; or

(b) The location has the effect of interfering with the operations of the principal use on the subject property; provided, however, such personal wireless service facilities nevertheless may not be located between the principal building and the street or in the front yard of the lot in question.

(D) Screening and site location for personal wireless service facilities attached to existing buildings or structures.

(1) Personal wireless service facilities may be attached to the wall or roof of a building subject to height restrictions in this division therein. Such facilities shall not be attached to the front wall of a building unless it can be shown that other locations are not feasible and that the facilities shall be made to effectively blend into the architecture of the building;

(2) Personal wireless service facilities and their support structures attached to an existing building or structure shall be of a color identical to the building or that maximizes the blending of the facilities and support structures into the architecture of the building or structure; and

(3) Personal wireless service facilities and their support structures attached to an existing building or structure shall not extend more than 24 inches beyond the wall of such building or structure.

(E) Screening and site location for ground level equipment and buildings.

(1) Personal wireless service facilities may be attached to the wall or roof of a building subject to the height restrictions set forth above;

(2) Landscaping consisting of shrubs and similar materials shall be provided surrounding the foundation of ground level buildings, structures, and fences subject to the review and approval of the Zoning Administrator;

(3) Ground level buildings and structures shall be designed and located to blend with the existing architecture and landscaping of the subject property and the surrounding area. Masonry façades shall be required for such buildings or structures unless otherwise allowed as a condition of the special use approval; and

(4) Fencing may be provided as a condition of the special use approval for the purpose of enclosing and screening freestanding towers or antennas and their support facilities. Such fencing shall comply with the requirements for residential fences contained in this chapter, except as specifically authorized by conditions for approval of a special use.

(F) Compliance with governmental and other safety regulations.

(1) The applicant shall demonstrate that the proposed antennas and support structure are safe and that surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer;

(2) All towers and antennas shall comply with the current standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and any other agency of the federal government with the authority to regulate owners and antennas; and

(3) Upon application and approval, the village shall issue a building permit prior to construction of any tower or antenna. Said building permit shall verify that towers and antennas are constructed in compliance with applicable village building codes and any requirements of the Electronic Industries Standards and the Federal Communications Commission, as well as the provisions herein.

(G) Co-location and location on existing structures preferred. In order to minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than 1 provider on existing or new towers and location of antennas on existing buildings or structures shall take precedence over the construction of new freestanding towers. If a new, freestanding tower is proposed, special use approval shall not be granted unless the applicant demonstrates compliance with the following:

(1) A diligent effort has been made to locate the antenna on an existing structure and that due to valid considerations including physical constraints and economic or technological feasibility, no other appropriate location is available;

(2) Covenants shall be recorded which require that the applicant allow, on a commercially reasonable basis, other providers of personal wireless service facilities and other antennas to co-locate on the proposed freestanding tower, where such co-location is technologically feasible; and

(3) The site plan for the construction of a new, freestanding tower shall delineate an area, either on site or on adjacent property, near the base of the tower to be used for the placement of additional equipment and buildings for other users. To the extent that the site for the new freestanding tower is adequate to allow co-location on such site, the applicant must allow, on a commercially reasonable basis, other providers to locate on site.

(H) Abandonment of towers or antennas. In the event the use of a tower or antenna is discontinued for a period of 60 consecutive days, the tower or antenna shall be deemed to be abandoned. The Zoning Administrator shall determine the date of abandonment based on documentation required from the tower owner/operator or other appropriate sources. Upon abandonment, the tower owner/operator shall have an additional 60 days within which to:

(1) Reactivate the use of the tower either by said owner/operator or transfer of the tower to another owner/operator for such use within the aforesaid 60-day period. Transfer of the tower to another owner/operator shall not require special use approval provided use of the tower is re-activated within the 60-day period, and that the use of the tower complies with all conditions of the original special use approval and the terms of this chapter;

(2) Dismantle and remove the tower at which time any special use shall become null and void; or

(3) Request approval from the Village Board of Commissioners to allow the abandoned tower or antenna to remain for a specified period of time. If said approval is granted, the tower shall be reactivated or removed within the time period approved by the Board of Commissioners as per regulations herein.

(Ord. 2015-08, § 3.20, passed 6-23-2015)