No use or development of any land use within the special flood hazard area, as defined in this Code, shall be permitted unless a zoning certificate evidencing compliance with all City regulation(s) concerning development in the floodplain, as provided in this Code, shall have first been issued in accordance with Section 22.21.

(a)

Fences and Walls. Fences and walls are permitted in conformance with the provisions of Article XII.

(b)

Signs. Signs are permitted in conformance with the provisions of Article XI.

(c)

Mobile Homes (House Trailers).

(1)

The use of a mobile home as a permanent or temporary dwelling unit is expressly prohibited, unless authorized by City Council.

(2)

A mobile home shall not be permitted as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively underway, provided that such mobile home is removed prior to issuance of the certificate of occupancy. Such temporary use as an office or shelter shall require a temporary occupancy certificate, in accordance with subsection 22.22(b).

(3)

Temporary Tents, Membrane Structures, Low Tunnels and Cold Frames may only be used as an accessory structure in accordance with the requirements in Sections 22.52, 22.56 and 22.57.

(d)

Parking and Storage of Certain Vehicles and Storage of or Location of Storage Containers.

(1)

For dwelling units in single family districts there shall be provided on the same zoning lot not less than one parking space for licensed passenger vehicles. In addition, for each dwelling unit in a single family district there shall be not more than four licensed passenger vehicles parked on unenclosed parking spaces. At least one of these spaces shall be in the rear of the established building front setback line of the lot. A maximum of two vehicles may be parked in front of the established building setback line and the remainder must be to the rear of the established building setback line.

(2)

Only one recreational vehicle may be parked or stored behind the established building setback line (the setback of the front wall of the structure) on a residential lot. Only one recreational vehicle may be parked in front of the established building setback line for a period not to exceed seventy-two (72) hours within one-calendar-week for loading and unloading. No recreational vehicle shall be used for living, sleeping or housekeeping purposes on any zoning lot within the city.

(3)

All parking and storage of vehicles (passenger vehicles and recreational vehicles) in residential districts including associated approaches and driveways therefore, shall be on a graded surface of concrete, bituminous asphalt or concrete or brick pavers. Such surface shall require a permit issued by the Public Works Department after review and approval by the Engineering Division.

(4)

No vehicle incapable of being driven or used for the purpose or use for which it was designed shall be stored or parked in an unenclosed space in any residential district.

(5)

The temporary storage of on-site storage containers is permitted, provided, however, that such on-site storage containers must be located on a graded surface of concrete, bituminous asphalt or brick pavers. Only two on-site storage containers may be located on the property for a period not to exceed one-week in one-calendar-month for purposes of loading and unloading. Requirements for modified shipping containers as an accessory structure for a food or beverage service station can be found in Section 22.53.

(6)

Commercial vehicles may not be parked overnight in any residential district, other than in completely enclosed buildings or garages, except when the vehicle is present for the purpose of providing a required service to the residence where parked, but only for that period of time which is required to provide the service.

(7)

The storage of semi-trailers is permitted in the I-1 restricted industrial district only. The storage of semi-trailers is prohibited in all other zoning districts at all times. No semi-trailer may be used as an accessory structure in any zoning district except as provided in subsection (c). Requirements for modified shipping containers as an accessory structure for a food or beverage service station can be found in Section 22.53.

(e)

Adult Business Uses.

(1)

Declaration of Policy. In the development and execution of the provisions of this Chapter regulating and limiting the location of adult business uses, it is recognized that adult business uses, by virtue of their nature, have serious objectionable operational characteristics which can have a deleterious effect upon areas adjacent to them. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary purpose of these regulations is to control the concentration or location of these uses to the fullest extent allowable by law, in order to eliminate such adverse effects. It is not the intent of this section to deny adults access to sexually oriented materials and services or the providers of such materials and services their market in a manner that is inconsistent with law. Adult business uses shall include adult card, gift or novelty stores, adult book stores and/or video stores, and adult business uses as defined in Article XIII.

(2)

Restrictions on Location. No adult business use shall be maintained:

(A)

Within one thousand (1,000) feet of the property line of another adult business use;

(B)

Within five hundred (500) feet of any of the following zoning districts as provided for under this Chapter: RE, R1, R2, R3, and R4; or

(C)

Within five hundred (500) feet of a church, school, library, park or other publicly operated recreation facility.

The distances provided for in this section shall be measured by following a straight line, without regard to intervening structures, from a point on the property upon which the proposed adult business use is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.

(f)

Automobile Service Stations.

(1)

No automobile service station shall be located within one hundred (100) feet of any building used or constructed for use in whole or in part as a church, hospital, library, community or parish house, theater, or public or private school or kindergarten.

(2)

Any lot occupied by an automobile service station and having its rear yard adjacent to a lot in any residential district shall have a rear yard not less than fifteen (15) feet in depth; no buildings or structures shall be erected or maintained in any such rear yard, and such an automobile station shall be adequately and effectively screened from the residential district.

(3)

Within seventy-five (75) feet of any residential district, major vehicle repair work is prohibited; however, repairs of a minor and routine nature, such as the replacement of light bulbs, fuel pumps, windshield wipers, fan belts, tires and spark plugs, are permitted.

(Ord. No. ZO-08-2019, § 3, 2-19-2019; ZO-09-2019, § 2, 2-19-2019; Ord. No. MCO-08-2022, § 2, 7-5-2022)

Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of the ordinance from which this Chapter is derived shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. In any Residence District, on a lot of record on the effective date of the ordinance from which this Chapter is derived, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this Chapter are complied with; however, where two or more contiguous substandard recorded lots are in common ownership and are of such size as to constitute at least one conforming "zoning lot", such lots or portions thereof shall be so joined, developed, and used for the purpose of forming an effective and conforming zoning lot or lots. Such contiguous sub-standard lots in common ownership shall be considered as being maintained in common ownership after the effective date of the ordinance from which this Chapter is derived for zoning purposes. In no case shall a lot created illegally be considered a lot of record.

(a)

Time of Construction. No accessory building or structure constructed on any lot prior to the time of construction of the principal building to which it is accessory shall be used for living purposes.

(b)

Drainage and Utility Easements. Accessory buildings, structures or uses shall not be located on or within any utility, including cable television, or drainage easement created by a duly recorded document.

(c)

Height and Area of Accessory Buildings. No detached private garage structure shall exceed seven hundred twenty (720) square feet in area (footprint) or twenty-one (21) feet in height above grade, nor shall the storage space above the main story contain more than fifty (50) percent of the cubic volume of the first floor. Only hip or gable roofs shall be permitted on garage structures provided that for the purpose of architectural compatibility, gambrel roofs shall be permitted if the principal structure has a gambrel roof.

(d)

Location. No detached accessory building shall be located closer to the front lot line than the principal dwelling on the lot.

(e)

On Corner Lots. No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street. However, in no event shall an accessory building in a corner side yard extend closer to such corner side yard than the front yard setback distance required for the lots to the rear of such lot.

(f)

Separation Between Buildings. Detached accessory buildings or structures shall be located no closer to any other accessory or principal building than ten (10) feet.

(g)

Requirements for low tunnels and cold frames can be found in Section 22.52.

(h)

Reserved for Membrane Structure reference.

(i)

Additional requirements for modified shipping containers can be found in Section 22.53.

(Ord. No. ZO-08-2019, § 3, 2-19-2019; ZO-09-2019, § 3, 2-19-2019)

(a)

Continued Conformity with Bulk Regulations. The maintenance of yards and other open space and a 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, 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, other open space, or minimum lot area requirements for any other building.

(b)

Division of Zoning Lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

(c)

Permitted Obstructions in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:

(1)

In all yards. Unroofed steps four feet or less above grade which are necessary for access to a permitted building; unroofed terraces; chimneys projecting twelve (12) inches or less into the yard; arbors and trellises up to a maximum of sixteen (16) feet in length; flagpoles; and fences or walls subject to applicable height restrictions of Article XII.

(2)

In front and corner side yards. One-story ground floor bay windows projecting two feet or less into the yards; and overhanging eaves and gutters projecting eighteen (18) inches or less into the yard. Outside elements of central air conditioning systems may protrude four feet into the front or corner side yard provided they are effectively screened with hedges or a fence not greater than three feet in height.

(3)

In rear yards. Recreational and laundry drying equipment; outside elements of central air conditioning systems, extending not more than four feet into the yard; one-story bay windows projecting two feet or less into the yard; and overhanging eaves and gutters projecting eighteen (18) inches or less into the yard.

Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than forty (40) percent of any required yard.

(d)

Height Exceptions. Any chimney or other accessory structure built on or above the roof of any building shall not extend more than fifteen (15) feet above the allowable building height restriction.

Space above the height limit may be used for the purpose of housing mechanical equipment necessary to the operation of the building and for an amenity deck. An amenity deck at maximum permitted height per the zoning district must be setback at least three feet from all exterior walls. Structures on amenity decks for the purpose of an elevator and/or staircase lobby are limited to fifteen (15) feet in height and structures cannot be greater than one hundred (100) square feet total. Structures on amenity decks are not permitted in single family residence districts. If an amenity deck is associated with a business, hours of operation are limited to the hours of operation for an outdoor eating and drinking establishments and all other requirements and restrictions imposed on outdoor eating and drinking establishments apply.

Exterior lighting on amenity decks must be installed and operated in a way that does not affect adjacent property, create a nuisance, or interfere with traffic. Fixture designed to provide amenity deck illumination shall:

(1)

Be installed at a height that does not exceed fifteen (15) feet above maximum building height.

(2)

Be installed in such a manner that no light from the fixture projects onto adjacent property or the street. However, in no case shall such lighting exceed 0.2-foot-candle measured at the lot line. All lighting shall conform to standards adopted by the City Department of Public Works.

Communication towers built on or above the roof of any building shall not extend more than twenty (20) feet above the existing roof upon which it is to be erected, nor shall they extend more than fifteen (15) feet above the maximum building height restriction of the zoning district, whichever of the two is less. Communication towers, supported from the ground shall not extend more than fifteen (15) feet above the maximum building height restriction of the zoning district. Communication towers exceeding these regulations may be constructed under a conditional use permit.

(e)

Reserved.

(f)

Location of Required Open Space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(g)

Required Yards—Existing Buildings. No yards, now or hereafter provided for a building existing on the effective date of the ordinance from which this Chapter is derived, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Chapter for equivalent new construction.

(Ord. No. ZO-16-2019, § 2, 5-6-19)

(a)

Where a use is classified as a conditional use under this Chapter and exists as a conditional or permitted use at the date of the adoption of this Chapter, it shall be considered to be a legal conditional use.

(b)

Where a use is not allowed as a conditional or permitted use under this Chapter, and exists as a conditional use at the date of the adoption of this Chapter, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of Article V.

The Zoning Administrator may allow land-uses (permitted or conditional) which, though not contained by name in a zoning district list of permitted or conditional uses, are deemed to be clearly similar in nature to the listed uses. However, such non-listed uses shall not be approved by the Zoning Administrator until the written request for such use has been reviewed by the Zoning and Planning Commission and City Attorney.

All such non-listed uses allowed by the process specified in the preceding paragraph shall be added to the appropriate use list by ordinance (by normal amendment process) at the time of periodic updating and revision.

Prior to the issuance of a zoning certificate in the R4, CI, O1, CI, C2, C3, CBC, CBOC, and CBOCR, I1 or I2 zoning districts, site plan approval by the Zoning Administrator in accord with this section and subsection 22.21(b) is required. Additionally, these requirements apply for all applications for which conditional use permit approval is sought, except planned developments.

(a)

Site Plan Details. The site plan shall contain the following detailed information:

(1)

Names and addresses of owner, applicants, planner, architect, engineer, landscape architect, as appropriate.

(2)

Scale, north arrow, date.

(3)

Title of the project or property.

(4)

Location and dimensions of existing and proposed buildings and structures, including adjacent lot lines and significant features and buildings on adjoining properties.

(5)

Ground elevations, existing and proposed, top of foundation elevations on all adjacent structures.

(6)

Location of flood plains, existing vegetation, fences, walls, etc.

(7)

Vehicular, service and pedestrian access, including driveways, sidewalks, curbs, streets, pavement markings, traffic signals and on-site parking, circulation signage and curb cuts within two hundred (200) feet of site.

(8)

Off-street parking and loading areas, including number of spaces and dimensions.

(9)

Lighting standards, including location, size, height, illumination and intensity.

(10)

Outdoor storage areas, if any.

(11)

Waste disposal areas, including type of containers, bins, dumpsters, etc., and enclosure methods.

(12)

Engineering, drainage, grading, flood plain, and on-site stormwater detention areas.

(13)

Horizontal elevations of all proposed structures, including detailed description of exterior construction materials. Elevations shall represent those colors which will be utilized in the design.

(14)

The site plan must include a proposed landscape plan.

(15)

Other plan details as determined necessary by the Zoning Administrator.

(b)

Signage Details. Concurrent with the submission of a site plan, the developer shall provide details of all free-standing signs and wall signage proposed for the site. Signage shall be in compliance with the sign code of the City as contained within Article XI or elsewhere within this Code. The following signage information shall be included with any site plan submitted for approval.

(1)

Location of free-standing signage.

(2)

Horizontal elevations of all proposed free-standing and wall signage. Sketch shall represent those colors which will be utilized in the design.

(3)

Dimensions of all proposed free-standing and wall signage.

(c)

Design Criteria. Approval of site plans shall be based upon conformity to zoning regulations as well as general conformance to overall site design criteria. A development should seek to integrate the following design characteristics into those plans submitted for site plan approval.

(1)

Integration and Compatibility. The overall design shall integrate neighborhood and site characteristics into a compatible expression of building mass, scale, color and circulation.

(2)

Minimalization of Impacts. Spatial designs should minimize the impacts of traffic, noise, reflected light, debris, and other undesirable effects of development upon abutting properties and the neighborhood as a whole.

(3)

Architectural Innovation. Developers should seek to provide innovative design of structures by varying vertical planes of building facades and/or by varying the elevation of rooflines.

(4)

Loading/Refuse Area. Design of loading and refuse areas should be sensitive to aesthetic concerns and provide for screening compatible with abutting properties. When possible, such loading and refuse areas should be located so as not to be visible from public roads.

(5)

Parking Lots. Parking lots and driveways shall be designed to safely and effectively circulate vehicles throughout the site. When appropriate, cross-easements should be provided between adjoining properties to allow for circulation of vehicles.

(6)

Curb Cuts. Curb cuts shall be located to safely and efficiently allow vehicles ingress and egress to the site. The use of shared curb cuts and cross-easements shall be provided when appropriate. One curb cut shall be allowed for ingress/egress unless specific documentation is provided demonstrating the need for additional curb cuts. Curb cuts designed for properties adjacent to arterial roadways shall be in conformance with Arterial Highway Development Policies and Standards for DuPage County, as adopted September 11, 1984, where applicable, and the comprehensive plan of the City.

(7)

Pedestrian Circulation. Site and building design shall accommodate pedestrian circulation on-site from parking areas, plazas, open space, and public rights-of-ways. Pedestrian and vehicular circulation shall be separated to the greatest extent possible.

(8)

Uniform Signage. Signage shall be designed to provide compatibility with building form, shape and color. Signage shall be uniform or complimentary in color and overall design. Signage shall not conflict with signage from adjoining properties.

(9)

Open Space. Design of any development shall provide for a maximum use of open space, particularly along the perimeter of the site, in parking lots and near the building foundation. Larger developments should include designs which allow for centralized open space containing detention/retention ponds, passive recreation areas, bike/pedestrian paths, and other amenities which will serve the development.

(10)

Detention/Retention Ponds. When appropriate, detention and retention ponds should be designed to provide for shared storage between properties. Ideally, such shared storage should include the greatest land area possible.

(11)

Lighting. On-site lighting standards shall be compatible with architectural and spatial designs, and shall provide for safe illumination of the site for vehicles and pedestrians.

(12)

Other Applicable Standards. Other standards as may be applicable under the City compendium of standards and specifications on file for inspection in the office of the Zoning Administrator shall be complied with.

(Ord. No. ZO-11-2017, § 5, 8-21-2017)

(a)

Defined. A temporary use is a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.

(b)

Authorization. Temporary uses and events may be permitted in any residential, office, commercial or industrial district pursuant to a permit that may be issued upon written application to the City Manager. In any residential district, such temporary uses and events may only be authorized when sponsored by and for the benefit of not-for-profit, charitable, eleemosynary, or governmental entities that are a permitted or established conditional use in the district in which such property is located and such use or events is held on property owned or controlled by such entities.

The City Manager shall not approve or issue any permit for a temporary use or event, nor shall any such permit remain valid unless the applicant satisfies the following conditions throughout the term of the permit:

(1)

Compliance with all applicable provisions of City ordinances;

(2)

Approval by the Planning, Zoning and Economic Development Department, Building Department, Fire Department, and Police Department of plans for structures and plans for vehicular and pedestrian access in connection with the temporary use or event;

(3)

Compliance with all applicable regulations of the DuPage County Health Department;

(4)

Compliance with conditions established by the City Manager which are necessary to protect the public health, safety and general welfare and the objectives and policies of this Chapter and the comprehensive plan.

A violation of terms and/or conditions as established by the City Manager, not corrected within twenty-four (24) hours, shall result in the immediate termination of the temporary use and event permit.

(c)

Duration for Permit. A permit for a temporary use or event shall be for a fixed term established at time of issuance not to exceed thirty (30) days. Only three such permits shall be issued to the same applicant for the same premises each calendar year. Within seven days after termination of the permit, the permittee shall remove all temporary structures, items and debris from, and clean-up and restore to a safe condition, the premises pertaining to the permit.

(d)

Bond. The applicant for a permit under this Section shall furnish a cash bond in the sum of two hundred fifty dollars ($250.00) per permit conditioned upon the permittee complying with all provisions of this Section. In the event the permittee fails or refuses to comply with the provisions of this Section, the bond shall be forfeited to the City. Upon termination of the permit and compliance with the provisions of this Section, such cash bond shall be refunded to the permittee.

(a)

Refuse Containers; Outdoor Storage.

(1)

Screening. All refuse containers and all areas of permitted outdoor storage shall be enclosed by a screening fence, wall or densely planted evergreen hedge of a height sufficient to screen such containers or storage areas from view from adjoining residentially zoned properties and public or private streets.

(2)

Location. No refuse containers or storage areas shall be located between any principal structure and either its front or corner side lot line.

(3)

Exemptions. The requirements of subsection (a)(1) shall not apply to standard receptacles permitted for use by single family dwellings or to receptacles accessory to schools. None of the requirements of this subsection shall apply to receptacles placed and maintained for use by the general public to avoid littering or to receptacles temporarily placed on construction sites for the purpose of collecting construction debris.

(a)

Time of Construction. No low tunnel or cold frame shall be constructed on any lot prior to construction of a principal building. No low tunnels or cold frames may be on a property for longer than six months and may only be up from October 15 through April 15.

(b)

Drainage and Utility Easements. Low tunnels or cold frames shall not be located on or within any utility, cable television, or drainage easement created by a duly recorded document.

(c)

Height and Area of Low Tunnels and Cold Frames. No low tunnel or cold frame shall exceed one hundred (100) square feet (footprint) or be higher than three feet in height above grade. If there are multiple low tunnel or cold frame structures on a property, the aggregate square footage may not exceed one hundred (100) square feet.

(d)

Location. No low tunnel or cold frame shall be located in the front or corner side yard. Low tunnels and cold frames may be located in the required side or rear yard setback, provided that it does not obstruct access to the rear yard of a property.

(e)

On Corner Lots. No low tunnel or cold frame shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street. However, in no event shall a low tunnel or cold frame in a corner side yard extend closer to such corner side yard than the front yard setback distance required for the lots to the rear of such lot. At no time can a low tunnel or cold frame be closer to the corner side yard lot line than the principal structure.

(f)

Separation Between Buildings. Low tunnel and cold frame structures may be less than ten (10) feet from an accessory or principal building.

(g)

Permitted obstructions and detached accessory structures, including low tunnels and cold frames, shall not, in the aggregate, occupy more than forty (40) percent of the required rear yard.

(h)

A low tunnel or cold frame must meet all front and corner side yard structure setback and coverage requirements for the zoning district in which it is located.

(Ord. No. ZO-09-2019, § 4, 2-19-2019)

(a)

Modified shipping containers are permitted in the C1, C2, C3, C3A, CBC, CBOC zoning districts as an accessory structure for a food or beverage service station in conjunction with, and on the same zoning lot with a primary use of an existing bar and/or restaurant;

(b)

Modified shipping containers are not permitted for storage at any time unless such storage is related to furnishing and items associated with the operation of the food or beverage service station;

(c)

A modified shipping container must be removed from the property if not actively being used as a food or beverage service station between April 15 to November 15 for a period of more than thirty (30) consecutive days;

(d)

A building permit and inspection are required. Submittal information shall include manufacture's details and any available information about the potential storage of harmful materials prior to modification. If the structure has been modified significantly, a structural engineer must provide specifications to the building inspector. If plumbing and electric are proposed, all applicable Building Code requirements must be met.

(e)

A modified shipping container must be placed on a hard surface, if additional impervious surface is being added all stormwater requirements must be met;

(f)

A modified shipping container shall be located in rear yard;

(g)

A modified shipping container shall have a five foot setback to rear and side lot lines;

(h)

A modified shipping container shall be no greater than one hundred seventy (170) square feet;

(i)

There shall be no more than one modified shipping container per zoning lot;

(j)

A modified shipping container shall not include signage or be used to display any advertising, excluding menus and other operational messages.

(Ord. No. ZO-08-2019, § 4, 2-19-2019)

(a)

The Zoning Administrator is granted the authority to authorize businesses to utilize pick up windows to conduct business transactions in the C1, C2, C3, Central Business Core and Central Business Outer Core Districts. Such authority shall only be granted after a written request is submitted to the City of Elmhurst by a business owner and a written approval to operate a pick-up window is issued by the Zoning Administrator. Any authority granted by this section shall terminate on the latter of December 31, 2020 or such time as the City of Elmhurst moves into Phase 5 of the Restore Illinois Plan instituted by the Governor of the State of Illinois.

(b)

Temporary uses and events, as defined in Section 22.50 entitled "Temporary uses and events" of the Elmhurst Zoning Ordinance may be authorized by the City Manager in residential districts when sponsored by not-for-profit, charitable, eleemosynary, or governmental entities, regardless of whether they are a permitted or established conditional use in the district in which such property is located, and regardless of whether such temporary use or event is held on property owned or controlled by such entities using the property, to allow for business operations and to allow for social distancing. Any requested temporary use or event permit requested pursuant to this Section is subject to all other applicable rules, regulations, application procedures, and bond requirements of Section 22.50 of the Elmhurst Zoning Ordinance.

(c)

A temporary use and event permit authorized by the City Manager pursuant to Paragraph 2 of this Section may be established and continue until the latter of December 31, 2020 or such time as the City of Elmhurst advances to Phase 5 of the Restore Illinois Plan instituted by the Governor of the State of Illinois.

(Ord. No. ZO-19-2020, § 2, 8-17-2020)

Editor's note— Ord. No. ZO-19-2020, § 2, adopted August 17, 2020, set out provisions intended for use as § 22-55. For purposes of classification, and at the editor's discretion, these provisions have been included as § 22-54.

That "cannabis business establishments," as defined in the Cannabis Regulation and Tax Act (410 ILCS 705 et seq.) (hereinafter "Cannabis Act"), which, of the date of the adoption of this ordinance, currently includes cultivation centers, infusing organizations, craft growers, processing organizations, dispensing organizations, and transporting organizations, and any future amendments to the definition of cannabis business establishments under the Cannabis Act, are hereby prohibited uses in any and all zoning districts within the corporate boundaries of the City of Elmhurst.

(Ord. No. ZO-31-2019, § 3, 12-16-2019)

Editor's note— Ord. No. ZO-31-2019, § 3, adopted December 16, 2019, set out provisions intended for use as § 22-54. For purposes of classification, and at the editor's discretion, these provisions have been included as § 22-55.

A property improved with a single family detached or single family attached residence may have a temporary tent for a maximum of seventy-two (72) hours no more than two times per year. Tents shall be installed pursuant to manufacturer's recommendation to ensure stability and safety of the tent. Tents and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent collapse.

(Ord. No. MCO-08-2022, § 4, 7-5-2022)

(a)

Temporary membrane structures and canopies shall be permitted on properties improved with a single family detached or single family attached residence. No temporary membrane structure or canopy shall be permitted in excess of four hundred (400) square feet.

(b)

Area of Membrane Structures: Membrane structures between one hundred twenty-one (121) square feet and up to four hundred (400) square feet are permitted provided:

(1)

(A)

A building permit is submitted and the structure is built to the requirements of the City of Elmhurst specifications for membrane structures; and

(B)

The structure does not exceed the required lot coverage; and

(C)

Meets all City of Elmhurst stormwater requirements.

(D)

Must be maintained to prevent noise, nuisance, and property maintenance violations.

(2)

Temporary membrane structures or canopies over one hundred twenty (120) square feet and up to four hundred (400) square feet are permitted if constructed from pre-manufactured kits provided that the pre-manufactured temporary membrane structure or canopy is manufacturer-certified to meet City of Elmhurst-established specifications.

(3)

Temporary membrane structures or canopies over one hundred twenty (120) square feet and up to four hundred (400) square feet if not constructed from a pre-manufactured kit are permitted, if manufacturer-certified to meet City of Elmhurst established specifications and constructed in accordance with the City of Elmhurst's Hoop House Guidelines/Standards.

(4)

Temporary membrane structures or canopies over one hundred twenty (120) square feet and up to four hundred (400) square feet are permitted if designed by a licensed engineer or licensed architect and the design and specifications must be submitted to the City of Elmhurst for review and approval.

(5)

Temporary membrane structures or canopies that exceed an area of one hundred twenty (120) square feet are not permitted without a City of Elmhurst permit.

(c)

No temporary membrane structure or canopy may exceed nine feet in height.

(d)

Temporary membrane structures or canopies may not be located in a required setback, front yard, or corner side yard.

(e)

Temporary membrane structures or canopies less than one hundred twenty (120) square feet are not subject to the lot coverage requirements of the respective zoning district.

(f)

No temporary membrane structure or canopy shall be constructed on any lot prior to construction of a principal building.

(g)

No temporary membrane structure or canopy may be on a property for longer than six months during any calendar year.

(h)

Temporary membrane structures or canopies may not be utilized for storage including vehicle storage.

(i)

Any violation of this Section 22.57 will result in a minimum fine of one hundred dollars ($100.00) per day to a maximum of seven hundred fifty ($750.00) per day.

(Ord. No. MCO-08-2022, § 5, 7-5-2022)