A.

Authorization. Subject to the limitations of this section, and except as limited by the regulations of the district where located, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within that district.

B.

Definition. An accessory structure or use is a structure or use that:

1.

Is subordinate in purpose, use, and floor area to, and serves, a principal structure or use; and

2.

Is customarily incident to the principal structure or use; and

3.

Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by the principal structure or use; and

4.

Except as otherwise expressly authorized by the provisions of this code, is located on the same zoning lot as the principal structure or use; and

5.

Is under the same ownership and control as the principal structure or use.

C.

Detached Accessory Structures. Detached accessory structures shall:

1.

Not be located in the required front, corner side, and interior side yards, except for detached garages as permitted in the Old Town zoning district.

2.

Not occupy more than 30 percent of the required rear yard.

3.

Be located at least ten feet from the principal use or structure.

4.

Not exceed the height of the principal use or structure or 20 feet in height, whichever is less, except as expressly permitted for accessory agricultural buildings and antenna facilities.

D.

Permitted Accessory Uses by District. The following accessory uses are permitted in the specified zoning districts

1.

All Zoning Districts.

a.

Agricultural buildings and structures, subject to section 8-6 of this code.

b.

Fallout shelters.

c.

Garages, carports, and other parking facilities.

d.

Radio, radar, and television antenna towers and dishes, subject to subsection E of this section.

e.

Wind and other energy systems, subject to subsection E of this section.

f.

Similar and compatible uses, as determined by the zoning administrator.

2.

Residential Districts and Old Town District.

a.

Children's playhouses.

b.

Conservatories, private.

c.

Gazebos and similar structures.

d.

Greenhouses, private.

e.

Guest houses, private, not to exceed 800 square feet in floor area.

f.

Home occupations, subject to section 8-2 of this code.

g.

Recreational tents, subject to subsection E of this section.

h.

Recreational vehicles, subject to subsection E of this section.

i.

Private swimming pools, tennis courts, and playing courts, subject to subsection E of this section.

j.

Tool houses, sheds, and similar buildings

3.

Commercial District, Office District, and Industrial District.

a.

Commercial motor vehicles, provided each vehicle is operable and subject to subsection E of this section.

b.

Refuse disposal areas, subject to subsection E of this section.

c.

Tool houses, sheds, and other similar buildings.

d.

Vending machines.

E.

Special Regulations Applicable to Particular Accessory Structures and Uses.

1.

Swimming Pools, Private.

a.

Private swimming pools may be operated only for the exclusive use of the residents of the zoning lot and their invited guests. No private swimming pool may be operated as a business or private club.

b.

No private swimming pool or any accessory apron, walk, or equipment room may protrude into any required yard.

c.

Private swimming pools, whether above or level with the ground, must comply with the safety barrier requirements contained in the Village's building codes.

d.

All gates and doors opening through the required fence or wall shall be kept locked when the pool is not in actual use or is left unattended. All gates and doors shall be self-latching with the latches placed not less than 54 inches above ground level or otherwise made inaccessible to small children.

2.

Tennis and Playing Courts, Private.

a.

Private tennis courts and playing courts may be operated only for the exclusive use of the residents of the zoning lot and their invited guests. No private tennis court may be operated as a business or private club.

b.

No private tennis court, playing court, or any accessory apron, walk, and equipment room may protrude into any required yard.

c.

Private tennis courts may be completely surrounded by a fence or wall not exceeding ten feet in height above established grade level.

d.

A tennis court or playing court shall not be built over a septic system.

e.

A tennis court or playing court shall not be lighted for playing purposes.

3.

Tents. Except as otherwise expressly permitted, tents shall not be erected, used, or maintained on any zoning lot except for customary recreational purposes. Recreational tents shall be located on the same zoning lot as the dwelling use and are not allowed within any required front, corner side, or interior side yard. All uses of tents other than recreational tents are subject to the temporary use regulations of section 8-3 of this code.

4.

Outdoor Storage. Except as otherwise expressly permitted in the underlying zoning district, outdoor storage shall not be allowed as an accessory use.

5.

Commercial Motor Vehicles. Commercial motor vehicles, as defined in chapter 12, shall not be used as an accessory structure in any zoning district. Commercial motor vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle. Commercial motor vehicles shall not be parked or stored to create a dangerous or unsafe condition. No major repair shall be performed on any commercial motor vehicle except within a garage or other enclosed structure. No more than one commercial vehicle may be parked or stored on a residentially zoned lot.

6.

Recreational Vehicles and Boats. At no time shall a parked or stored recreational vehicle or boat be used for living, sleeping, or other purposes. No recreational vehicle shall be connected to water, gas, or sanitary sewer service. Temporary electrical hook-up is permitted. Recreational vehicles and boats shall not be used as accessory structures in any zoning district. Recreational vehicles and boats shall not be parked or stored to create a dangerous or unsafe condition. No major repair shall be performed on any recreational vehicles or boat except within a garage or other enclosed structure. No more than one recreational vehicle and one boat may be parked or stored on a residentially zoned lot.

7.

Storage of Disabled or Junk Motor Vehicles.

a.

In Residential Districts. Disabled, junk, or damaged motor vehicles may be stored in the open within a required yard in a residential district for a period not to exceed 30 days. However, major repairs may not be performed on such vehicles except within a garage or other enclosed structure.

b.

In Non-Residential Districts. Disabled, junk, or damaged motor vehicles awaiting or under repair may be stored in the open within a required yard in a non-residential district only on a zoning lot where such storage and repair is customary in the operation of a lawfully established principal use. However, such vehicles shall be removed, placed within an enclosed structure, or relocated to a lawfully permitted motor vehicle salvage yard within 30 days from the date of the initial storage

8.

Storage of Refuse. The open storage of refuse, scrap, trash, or debris is prohibited in all zoning districts, unless expressly authorized and permitted as a special use. All materials shall be kept in enclosed containers while awaiting removal. The containers shall be stored in a neat and orderly fashion and properly secured so as to not interfere or be hazardous to pedestrian and vehicular traffic.

9.

Fences. Fences shall be subject to the provisions of section 9-3 of this code.

10.

Radio, Radar, Television, and Cellular Antenna Facilities. Antenna facilities shall be subject to the provisions of section 8-7 of this code.

F.

Uses Subject to Special Restrictions. When the district regulations of this code require compliance with any procedures or standards with respect to a specific use, such use shall not be established as an accessory use except in compliance with those procedures and standards.

G.

Use, Bulk, Space, and Yard Regulations. Except as expressly provided otherwise in this section, every accessory structure and use shall comply with the use, bulk, space, and yard regulations made applicable to them by the regulations of the district in which they are located.

H.

Use Limitation. No accessory structure or use shall be constructed, established, or maintained on any lot prior to the substantial completion of construction of the principal structure to which it is accessory.

A.

Authorization. Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building for residential purposes shall be permitted in any dwelling unit or permitted accessory structure. A home occupation use shall not occupy more than 25 percent of the total floor area of all principal and accessory structures located on the lot.

B.

Definition. A home occupation is a business, profession, occupation, or trade that:

1.

Is conducted as an economic enterprise or for compensation by a full-time occupant of a dwelling unit; and

2.

Is incidental and secondary to the use of the dwelling unit or permitted accessory structure, as the case may be, for residential purposes; and

3.

Does not change the essential residential character of the dwelling unit or permitted accessory structure.

C.

Use Limitations.

1.

Employee Limitations. The entrepreneur of every home occupation must reside in the dwelling unit on the lot where the home occupation is conducted. Only one employee who does not reside in the dwelling unit on the lot where a home occupation is conducted may be present in the home at any one time in connection with the home occupation.

2.

Structural Limitations.

a.

No alteration of any kind shall be made to the dwelling unit or accessory structure where a home occupation is conducted that would change its residential character, including the enlargement of public utility services beyond that customarily required for residential use.

b.

No separate entrance shall be provided in connection with the conduct of any home occupation, except as required by federal, state, or local law or regulation.

3.

Operational Limitations.

a.

The home occupation shall be conducted entirely within the dwelling unit or accessory structure, except for outdoor play areas for home day cares.

b.

No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.

c.

No outdoor storage or display of business equipment, materials, merchandise, inventory, or heavy equipment shall be allowed in connection with any home occupation.

d.

Not more than one vehicle identified or advertised as a commercial vehicle shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage at all times.

e.

Parking, receipt, and delivery of goods and equipment shall be in keeping with the residential character of the property.

4.

Signage and Visibility. No exterior display or signage shall be permitted except as authorized in the respective residential district pursuant to section 9-2 of this code.

5.

Traffic Limitations. No home occupation shall generate more vehicular or pedestrian traffic than is typical of dwellings in the area.

6.

Nuisance Causing Activities. In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or be noxious, offensive, or hazardous.

7.

Licensing Requirements. Every home occupation shall be subject to any applicable business or other licensing and inspection requirements.

8.

Prohibited Home Occupation Uses. The sale of alcoholic beverages, tobacco products, firearms or other weapons and the operation of assembly uses shall not be permitted home occupation uses.

A.

Authorization. Subject to the limitations of this section, temporary uses are permitted in the specified zoning districts.

B.

Definition. A temporary use is a use that:

1.

Is established for a fixed period of time with the intent to discontinue the use upon the expiration of time; and

2.

Does not involve the construction or alteration of any permanent structure.

C.

Permit Required; Special Standards for Issuance and Revocation.

1.

Permit Required. No temporary use shall be established or maintained unless a permit evidencing the compliance of such use with the provisions of this code shall have first been issued by the Zoning Administrator.

2.

Bases for Certificate Denial. A permit may be denied if the Zoning Administrator determines that the owner has failed to comply with the terms or conditions of any previously issued zoning certificate for a temporary use or that the permanent use of the lot fails to comply in all respects with the provisions of this code and all other Village ordinances regulating the development, use, and maintenance of such lot. A permit shall be denied if the Zoning Administrator determines that the public health, safety, or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

3.

Conditions on Permit. A permit may be conditioned upon such special requirements as the Zoning Administrator may determine are necessary to achieve the purposes of this code and to protect the public health, safety, and welfare.

4.

Revocation of Permit. A permit shall be revoked if any of the standards and conditions imposed pursuant to this section, or such permit, are violated.

D.

Permitted Temporary Uses. Subject to the specific regulations and time limits that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary uses and no others are permitted in the zoning districts herein specified:

1.

Any District.

a.

Temporary Buildings and Construction Trailers. Temporary buildings or construction trailers that are exclusively used in connection with construction work may be permitted in any zoning district only during the period of construction subject to the following regulations:

(1)

Conditions. The Zoning Administrator may impose conditions to ensure that temporary buildings or trailers have the least possible negative impact on the adjoining neighborhood and meet existing health and safety standards.

(2)

Permit Required. A permit is required and a site plan must be submitted detailing the trailer sizes, uses, and locations. The permit will be valid for one year.

(3)

Required Removal Time. Trailers used under the provisions of this section must be removed within 30 days of the expiration of the building permit.

(4)

Penalty. In addition to the otherwise applicable penalties for noncompliance, any manager of a construction site who fails to follow the provisions of this section or who willfully violates any other provision of this section is guilty of a misdemeanor and upon conviction thereof shall be liable in a civil action for the amount necessary to remove the temporary building or trailer from the construction site.

b.

Real Estate Offices, Including Model Units. Real estate offices and model units are allowed when accessory to a new residential subdivision or nonresidential development. Use of any model unit as a real estate office shall cease within 30 days after sale of the last unit in the residential development, and any temporary real estate office shall be removed within the same 30 day period.

c.

Block Parties. A temporary use permit is required for a block party or similar public gathering involving the closing of a public street. No arterial or collector street shall be blocked. No permit shall exceed 3 days.

d.

Carnival and Circus. A temporary use permit is required for a carnival or circus involving the closing of a public street. No arterial or collector street shall be blocked. No permit shall exceed 30 days, and all temporary structures and tents shall be removed within three days after the carnival or circus has ended.

e.

Christmas Tree Sales. A temporary use permit is required for the display and open-lot sale of Christmas trees. No permit shall exceed 45 days.

f.

Special Events. Any special event shall provide adequate provisions for parking and traffic access and conditions may be placed on such special event to mitigate any adverse impact on other properties. Any special event that involves the use of public property will require Village Board approval of a property use agreement.

2.

Nonresidential Districts and Old Town District.

a.

Temporary Outdoor Sales. A temporary use permit is required for temporary outdoor sales and display, including sidewalk sales, and similar outdoor sales. A permit shall be valid for a period not to exceed seven days, and not more than four permits shall be issued for the same property in one calendar year. The specific hours of operation shall be specified in the temporary use permit. Sales shall be conducted so as not to interfere with traffic or cause a nuisance.

b.

Temporary Outdoor Seating Areas Accessory to Bars, Restaurants, and Taverns. A temporary use permit is required for temporary outdoor seating areas accessory to bars, restaurants, and taverns. Any permittee seeking to serve alcohol in any temporary outdoor seating area must comply with all applicable liquor licensing requirements.

3.

Residential Districts and Old Town District.

a.

House, Garage, and Yard Sales. No temporary use permit shall be required for a home, garage, or yard sale, so long as the use is incidental to the residential use of the property, is conducted in a manner compatible with the residential character of the neighborhood, and is limited to the sale of the personal possessions of the owner-occupant of the dwelling unit at which the sale is being conducted. No garage sale shall extend more than four days, and no more than four garage sales shall be conducted on a property in a calendar year; provided that these limitations shall not apply to the Village-wide garage sale.

b.

Recreational Tents. No temporary use permit shall be required for recreational tents located to the rear of the dwelling in the residential districts.

E.

Bulk, Space, and Yard Regulations. Every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.

F.

Use Limitations.

1.

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

2.

Hours and Days of Operation. The permit may designate the specific hours and days of the week during which a temporary use may operate on the basis of the nature of the temporary use and the character of the surrounding area.

3.

Public Safety. No temporary use shall be permitted that can be expected to create any undue on-site or off-site threat to public safety. No temporary use shall be operated except in accordance with any restrictions and conditions that may be imposed to eliminate any such threat. If required by the village, the operator of the temporary use shall employ a fire watch team and/or appropriate security personnel.

4.

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

5.

Conflicts with Other Temporary Uses. No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

6.

Temporary Use Sign Limitations. Temporary signs may be permitted in connection with an approved temporary use. Temporary signs shall be of sturdy construction and shall comply with any special conditions specified in the approval. Temporary signs shall not be erected sooner than 14 days before the commencement of the temporary use and shall be removed within 24 hours following the termination of the temporary use.

7.

Parking. Before approving any temporary use, the Zoning Administrator shall make an assessment of the total number of off-street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off-street parking is provided. No temporary use shall be authorized that would, in the opinion of the Village, unreasonably reduce the amount of off-street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

8.

Additional Conditions. Every temporary use shall comply with other conditions imposed by the village as may be reasonably necessary to achieve the purposes of this code or to protect the public health, safety, and welfare.

(Ord. No. 19-2021, § 4, 7-20-2021)

A.

Purpose and Intent. In the development and execution of this section regulating and limiting the location of adult oriented uses, it is recognized that such uses, by virtue of their nature, have documented objectionable operational characteristics which can have serious deleterious effect upon areas adjacent to such uses. It is the intent of this section to permit adult oriented uses in areas where they can be constructed and operated without placing undue burden upon the rights of the use(s), while minimizing the potential adverse economic, aesthetic, moral or safety impacts upon the citizens of the Village of Gilberts. It is not the intent of this section to impose a limitation or restriction on the content of any communicative materials, including those which are adult oriented, nor is it the intent to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors to their intended market. Further, it is not the intent nor the effect of this ordinance to condone or legitimize the distribution of obscene materials or acts or to authorize any acts of obscenity as defined and otherwise prohibited in the Village Code.

B.

Restrictions and Limitations. Adult oriented uses, as defined below, shall only be allowed within the "I-1" Industrial zoning district and only upon issuance of a special use permit in accordance with the standards and procedures contained in this section 8-4. No Adult Oriented Use shall be allowed in any other zoning district in the Village as either a permitted or a special use.

Adult oriented uses that were lawfully established within other zoning districts on or before the effective date of this Ordinance, shall be considered legal, nonconforming uses, and shall be regulated pursuant to chapter 10 of this code.

No adult oriented use, regardless of the zoning classification of subject property, shall be established if the subject property lies within 1,000 feet of a church or other place of worship, public or private elementary or secondary school, dram shop, Galligan Road, Big Timber Road, Tyrrell Road, or Illinois Route 72, Interstate Tollway 90, residential use, parks, forest preserve, or land owned by a governmental agency (excluding Rights of Way) or any other Adult Oriented Use. The distances provided for in this section shall be measured by following a straight line, without regard to intervening structures or geographical features, from the nearest portion of the property line of the parcel on which an adult oriented use is established, to the nearest property line of the parcel containing the protected use.

C.

Definitions. For the purposes of this section, the terms herein shall be defined as follows:

Adult oriented use means any use which is predominately occupied by the sale, rental, lease, inspection, or viewing of media, or the provision of live entertainment, or any combination thereof, which depicts, describes, or characterizes "specified sexual activities" or "specified anatomical areas", as defined below.

Specified sexual activities means any sexual activity, real or simulated, including but not limited to the following:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.

3.

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

Specified anatomical areas means anatomical areas, real or simulated, including but not limited to the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola.

2.

Human male genitalia in a discernible turgid state, even if opaquely covered.

A special use permit shall be required for any public assembly use, including any religious facility, library, school, and other similar assembly use not otherwise provided for in the underlying zoning district regulations. The public assembly use must comply with all bulk, yard, and all other applicable village code provisions. In considering an application for a special use permit, the following shall be taken into account:

1.

Traffic flows shall be designed to ensure the least possible impact on neighboring properties and residential streets. The owner of the proposed assembly use shall be responsible for all needed improvements to ensure safe traffic conditions are maintained. A traffic study may be required to demonstrate that these conditions have been met. Traffic management, such as police officers, shall be provided by the owner during peak traffic flows when the village finds it necessary to ensure safe ingress and egress.

2.

The special use permit may include reasonable conditions to reduce the impact of the proposed assembly use on the neighboring area.

A.

Applicability. This section 8-6 shall apply to agricultural uses in all zoning districts except for agriculture uses in the A-1 District which are subject to the regulations contained in Chapter 2 of this Code.

B.

Existing Agricultural Uses, Buildings, and Facilities. Agricultural uses, buildings, and facilities lawfully existing as of the effective date of this code are permitted in all zoning districts and allowed to continue, subject to the nonconformity regulations of chapter 10.

C.

New Agricultural Uses, Buildings, and Facilities. New agricultural uses, buildings, and facilities established after the effective date of this code are allowed as a special use in all zoning districts subject to issuance of a special use permit pursuant to this code and must comply with the regulations contained in this section 8-6.

D.

Agriculture Regulations.

1.

Special Uses. The following agricultural uses may be permitted, subject to the issuance of a special use permit as provided in section 11-11 of this code:

a.

Growing and cultivation of field and garden crops, trees, and forest products.

b.

Apiaries.

c.

Trees and forest products.

d.

Greenhouses, wholesale.

e.

Nurseries, wholesale.

f.

Roadside farm stands selling products grown on or off the premises on which the stand is located.

g.

Kennels.

2.

Prohibited Uses. The following uses shall not be permitted agricultural uses in the village:

a.

Confined animal feeding operations.

b.

Commercial feeding of garbage or offal to swine or other animals.

c.

Commercial feeding of animals on an open lot where no feed is raised on the premises.

d.

Commercial feeding of fur bearing animals, poultry, or laboratory animals such as mice, rabbits and rodents.

3.

Maximum Height. Notwithstanding the otherwise applicable height restriction for principal and accessory buildings, agricultural buildings may extend to a height of 60 feet.

(Ord. No. 10-2021, § 2, 5-18-2021)

A.

Purpose and Intent. It is the intent and purpose of this Section to permit antennas and satellite dishes where they can be installed with minimal visual impact by encouraging co-location and other aesthetic measures, without creating adverse economic or safety impacts and promoting the health, safety and general welfare of the community. Furthermore, it is the intent of this section to ensure compliance with Federal Communications Commission (FCC) regulations as they relate to the promotion of universal service, competitive contracting by ensuring fairness through the creation of clear and objective approval criteria.

B.

Definitions. For the purpose of this Article, the following definitions apply:

Antenna means a device commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. For the purposes of this section an antenna includes any supporting tower, pole, mast, or building to which it is affixed.

Co-location means the placement of two or more antenna systems or platforms by separate FCC license holders on the same structure, building, water tank, or utility pole.

Height means the height of an antenna or satellite dish shall be measured vertically from the highest point of the signal receiving/transmitting apparatus, when positioned for operation, to the bottom of the base, which supports the antenna.

Neutral in color means light or pastel hues of white, beige, gray or light blue. Dark, bright or brilliant colors (including but not limited to primary colors, neon colors, etc.) are prohibited.

Publicly owned property means property in any district owned, leased, or otherwise controlled by a governmental entity.

Satellite signal receiving antenna (satellite dish) means a device designed for the purpose of receiving and converting earth orbiting satellite communications signals. It may be a solid, open mesh or bar configured structure typically in the shape of a shallow dish or parabola. Said antenna of this type are hereinafter referred to as "satellite dishes."

Usable satellite signal means a satellite signal which, when converted and viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television.

C.

Permits Required.

1.

Building and Electrical Permit. Building and electrical permits shall be required prior to the erection of an antenna or satellite dish, except as provided for in paragraph 2 below. The plans and specifications shall meet or exceed the applicable requirements identified in this code.

2.

Exceptions: The private use of an antenna or satellite dish for the reception or transmission of radio or television signals, ham radio signals, or citizen band transmissions, of a height no greater than the maximum height permitted for a principal structure in the zoning district in which the antenna is located.

D.

General Requirements.

1.

Federal Communication Commission Compliance: All antennas, towers, and satellite dishes shall comply with all Federal Communication Commission (FCC) requirements.

2.

The only antennas, towers or satellite dishes allowed on a property or structure shall be those used related to the principal use of the property.

3.

An antenna, tower, or satellite dish shall be located in the side or rear yard. In the situation of a corner lot, the antenna, tower, or satellite dish shall not be closer to the adjoining side street than the principal building.

4.

In the event that a usable satellite signal cannot be obtained from the rear yard or side yard of the property, such antenna, tower, or satellite dish may be placed on the roof of a building as follows:

a.

Within a residential zoning district or planned development, an antenna or satellite dish shall be located behind the highest line of the main roof ridge parallel to the fronting street with that line extending to the side yard lot line. The fronting street shall be the street that the residence is permanently addressed. In the case that the main roof ridge is perpendicular to the fronting street, the antenna or satellite dish shall be located behind the mid-point of the dwelling area foundation of the residence facing the required side yard.

b.

Within a nonresidential zoning district or planned development, an antenna or satellite dish shall be located behind the midpoint of the occupied space of the main structure facing the side yard.

c.

The location and arrangement of all antenna towers and satellite dishes shall be subject to review and approval by the Building Official.

5.

Satellite dishes shall not be visible between the ground level and ten (10) feet above ground from any street adjoining the property. Screening used to achieve this requirement shall be in compliance with the Building Code, the provisions of this Ordinance and approved by the zoning administrator.

6.

Within residential zoning districts, the diameter of satellite dishes shall not exceed three feet. The dish and supporting structure shall be neutral in color and shall, as much as possible, blend with the character and appearance of the neighborhood.

7.

No antenna or satellite dish shall be used or serve as a sign or bear an advertising emblem other than the name of the manufacturer or service provider in letters not to exceed two inches in height.

8.

Guy wires (only where necessary) shall not be anchored within any front yard area but may be attached to the building.

9.

Whenever an antenna is installed within a distance less than the height of the tower to power or telephone lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna or mast or tower and secured in a direction away from the hazard.

10.

Antennas, towers, and satellite dishes shall meet and be installed according to all manufacturers' specifications. The mast or tower shall be constructed of non-combustible materials, unless otherwise approved by Underwriters' Laboratories (UL). Brackets, turnbuckles, clips, and similar type equipment shall be protected with materials approved by Underwriters' Laboratories (UL).

11.

Antennas, towers, or satellite dishes shall meet the setback requirement for a primary structure for the zoning district in which the facilities are located.

E.

Prohibited Uses. The following uses are prohibited:

1.

Towers or Antennas in Residential Districts—A tower or antenna used for any commercial or other non-residential purpose, including the placement of other support equipment or buildings, used in connection with the tower or antenna in any residential district, including the Old Town District.

F.

Permitted Uses. The following uses are permitted:

1.

Co-locating Antennas on Existing Towers in Industrial or Commercial Zones, or on Publicly Owned Property—Antennas on an existing communication tower of any height provided that:

a.

The additional antennas are cumulatively no more than 22 feet higher than the existing tower; and

b.

The antenna is neutral in color; and

c.

A qualified engineer submits evidence that the existing structure can adequately support the proposed co-location apparatus.

2.

Co-locating Antennas on Existing Non-Tower Structures in Industrial or Commercial Zones, or on Publicly Owned Property—Antennas on an existing structure other than a tower (such as a building, water tank, sign, utility pole, power pole, or other structure), provided that:

a.

The additional antennas are cumulatively no more than 22 feet higher than the existing structure; and

b.

The antenna is neutral in color; and

c.

A qualified engineer submits evidence that the existing structure can adequately support the proposed co-location apparatus.

G.

Special Uses. The following uses may be permitted under the conditions and requirements specified elsewhere in the Zoning Ordinance, in addition to those outlined below:

1.

Co-locating Antennas on Existing Non-Tower Structures or Existing Commercial Towers in Residential Districts—Antennas on an existing structure (such as a building (excluding dwelling units), water tank, sign, utility pole, or other structure), provided that:

a.

The additional antennas are cumulatively no more than 22 feet higher than the existing structure; and

b.

The antenna is neutral in color; and

c.

A qualified engineer submits evidence that the existing structure can adequately support the proposed co-location apparatus.

2.

Towers or Antennas in Commercial or Industrial Zones or on Publicly Owned Property—Antennas or towers of any height, including the placement of other supporting equipment and accessory buildings. Any equipment shelter shall comply with development standards (i.e., setbacks, height limitations, bulk, etc.) of the property's zoning district classification.

3.

Private Use Antennas, Towers or Dishes Greater than the maximum height for the zoning district in which the structure is to be located—The residential use of an antenna or satellite dish for the reception of radio or television signals, ham radio signals, or citizen band transmissions, in excess of the maximum height permitted for a principal structure in the zoning district in which the structure is to be located. These special uses shall meet the requirements of section 11-11, but will be exempt from the requirements in subsection H.

H.

Application for a Special Use Permit for Antenna Facilities. In addition to the requirements of section 11-11, the applicant shall be required to submit information that includes, but is not necessarily limited to, how the proposed special use will satisfy the following conditions:

1.

Points of Visual Interest Shall be Protected. Views from residential structures located within 250 feet of the proposed antenna or tower to the following points of visual interest shall be protected to the greatest practical extent:

a.

Public Open Spaces.

b.

Natural Areas as defined on the Comprehensive Plan.

c.

Landmark Structures

2.

Methods for Protecting Points of Visual Interest. The following standards shall be used to protect the above identified points of visual interest to the greatest practical extent if views from a residential structure located within 250 feet from a proposed antenna or tower to a point of visual interest specifically identified above, are significantly impacted. The applicant shall:

a.

Examine locations within the same area where such visual impacts can be minimized;

b.

Investigate alternative tower designs that can be used to minimize the interruptions of views from the residence to the point of visual interest;

c.

Minimize visual impacts to the point of visual interest referred to above, by demonstrating that co-location or the use of other structures within the service area is not feasible at this time;

d.

Minimize visual impacts by varying the setbacks or landscape standards that would otherwise be applicable, so long as the overall impact of the proposed development is as good as or better than that which would otherwise be required without said variations.

3.

Color. Antennas or towers and their support structures shall be a neutral color that is the same or similar in color as the supporting structure to make the antenna and equipment as visually unobtrusive as possible, unless otherwise specified under Federal Aviation Administration (FAA) standards.

4.

Height. Antennas or towers shall not exceed the maximum building height plus 15 feet, in the zoning district in which it is located, applicants who wish to exceed this height shall provide evidence demonstrating the need for exceeding this maximum standard. The Plan Commission and Village Board shall decide, through the special use permit, if sufficient evidence has been provided to demonstrate the need for the additional height requested.

5.

Setbacks (Adjacent to Residential Uses). Antennas or towers shall be set back from any existing adjacent residential property line by a distance equal to the height of the tower, unless building plans are submitted demonstrating that the tower will collapse within itself. Such building plans shall be affixed with the seal of a certified structural engineer.

6.

Lighting. None allowed except as required by the Federal Aviation Administration (FAA).

7.

Fencing and Security. For security, antennas or towers and ancillary facilities shall be enclosed by a fence not less than six feet in height.

8.

Landscaping and Screening. Landscaping shall be placed outside the required fence area on sides facing public rights-of-way or residential areas and shall consist of fast growing vegetation with a minimum planted height of four feet, spaced evenly at intervals equal to twice the expected width of the plant material.

9.

Noise. Noise generating equipment shall be sound buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 30dBA when adjacent to residential areas and 45dBA in other areas.

10.

Tower Design. Towers shall generally be designed without the use of guy wires or external supports. In instances where such a requirement may not be feasible, appropriate documentation shall be provided by the petitioner, demonstrating why such a tower is not feasible. The applicant will offer alternatives to the design so as to minimize the visual impact of the tower.

11.

Co-location Protocol. Any special use request for the erection of a new tower shall complete the co-location protocol as outlined in this section.

I.

Co-location Protocol.

1.

Purpose. The purpose of this requirement is to create a process that will allow providers to equitably share publicly available, nonproprietary information among themselves, with interested persons and agencies, and with the Village of Gilberts, at the time the provider schedules a pre-application conference with the Village. This co-location protocol is designed to increase the likelihood that all reasonable opportunities for co-location have been investigated and that the appropriate information has been shared among the providers.

The Village of Gilberts recognizes that co-location is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that co-location of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit requests, such disclosure will allow providers to have the maximum amount of time to consider possible co-location opportunities, and will also assure the Village that all reasonable accommodations for co-location have been investigated.

2.

Pre-Application Requirement. A pre-application conference is required for all proposed support structures.

3.

Co-location Request Letter Requirement. At the time of pre-application conference, the applicant shall demonstrate that the following notice was mailed to all other providers rendering service within the Village of Gilberts:

"Pursuant to the requirements of section _______, (applicant) is hereby providing you with notice of our intent to meet with the Village of Gilberts in a pre-application conference to discuss the location of a wireless communication facility that would be located at ______________________. In general, we plan to construct a support structure of feet in height for the purpose of providing (Cellular, PCS, etc.) Service"

Please inform us whether you have any existing or pending antenna or tower facilities located within _____ feet of the proposed facility that may be available for possible co-location opportunities. Please provide us with this information within ten business days after the date of this letter. Your cooperation is appreciated.

Sincerely, (applicant)"

4.

Applicant's Duty to Analyze the Feasibility of Co-location. If a response to a co-location request letter is received by an applicant indicating an opportunity for co-location, the applicant shall analyze the feasibility of co-location. This analysis shall be submitted with an application for any support structure. The investigation of the feasibility of co-location shall be deemed to have occurred if the applicant submits all of the following information:

a.

A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by co-location at the possible location site;

b.

Evidence that the lessor of the possible co-location site either agrees or disagrees to co-location on their property;

c.

Evidence that adequate access does or does not exist at the possible co-location site to accommodate needed equipment and meets all of the site development standards.

d.

Evidence that adequate access does or does not exist at the possible co-location site.

5.

Result of Co-location Feasibility Analysis. If the applicant has provided information addressing each of the criteria above, the co-location protocol shall be deemed complete.

J.

Abandoned Facilities. An antenna or satellite dish which has been discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner within 90 days of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to penalties as outlined in the Gilberts Village Code.

A.

Applicability. The standards set forth in this chapter shall prevail in all zoning classifications within the village.

B.

Business and Industrial. A certification of compliance with performance standards by a competent expert or governmental authority charged with the standard or regulation may be required to be submitted for commercial and industrial uses prior to the issuance of any building permit.

C.

Noise. All noise (other than ordinary vehicular noise) from operations of any use in any district shall comply with limitations on noise and noise pollution standards established by the State of Illinois.

D.

Glare and Heat. No glare or heat from any operations of any use in any district shall be detectable at any point off the zoning lot on which the use is located.

E.

Vibration. No earthborne vibration from any operations of any use in any district shall be detectable at any point off the zoning lot on which the use is located.

F.

Electromagnetic Interference. Electromagnetic interference from any operation of any use in any district shall not adversely affect the operation of any equipment located off the zoning lot on which interference originates.

G.

Fire and Explosive Hazards. Materials that present potential fire and explosive hazards shall be transported, stored, and used only in conformance with all applicable federal, state, and local laws.

H.

Special Hazards. Hazardous, toxic, and radioactive materials shall be transported, stored, and used only in conformance with all applicable federal, state, and local laws.

I.

Additional Restrictions. In addition to the performance standards specified in this section, the dissemination of noise, vibration, particulate matter, odor, toxic substances, smoke, fire, or explosive materials in either such manner or quantity as to be determined to endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall be unlawful.

A.

Continued Conformity. Required yards, open space, and minimum lot area are a continuing obligation on the owner of the building or property on which it is located.

B.

Division of Zoning Lot. No zoning lot may be divided into two or more zoning lots unless all zoning lots resulting from the division conforms to all applicable bulk regulations of the underlying zoning district.

C.

Required Yards.

1.

Location. All required yards and other open spaces must be located on the same zoning lot as the building or use to which the yard or open space is allocated, unless otherwise expressly authorized under this code.

2.

Determination of Yards in Particular Cases.

a.

Established setbacks. Where lots comprising 25 percent or more of the frontage on a block have been developed, new buildings on that block may not be constructed closer to the street than the established building setback line of the existing buildings on that block, unless otherwise determined in writing by the zoning administrator.

b.

Corner lots. Either lot line abutting a roadway may be selected at the time of issuance of a building permit as the front lot line. However, for those corner lots developed prior to 1988, the front lot line shall be the lot line that faces the front entrance of the principal building on the lot, as indicated on the building plans. No building or other structure constructed on a through lot and no landscaping material or other obstruction exceeding 3 feet in height shall be located within 25 feet of the intersecting street lines bordering corner lots.

c.

Through lots. The front lot line of a through lot shall be determined by the zoning administrator. However, when a front lot line has been established on one or more of the lots in the same block and all have front lot lines established along the same right of way line, then that right of way line shall be the front lot line for all remaining through lots on that same block. All front yard requirements shall apply to the required rear yard unless the rear yard is properly screened by a solid fence, landscaping, or screening to a minimum height of five feet.

D.

Permitted Exceptions to Bulk Requirements.

1.

Height Exceptions. No building or other structure may exceed the maximum building height required by the underlying zoning district except for:

a.

Public utility poles, towers, and wires.

b.

Antenna facilities, subject to section 8-7 of this code.

c.

Water tanks and towers.

d.

Agricultural buildings, subject to section 8-6 of this code.

e.

Steeples.

2.

Permitted Obstructions in Required Yards. All required yards must be unobstructed from ground level to the sky except for the following permitted obstructions when located in the specified yard:

a.

In all yards:

(1)

Accessory uses and structures, subject to section 8-1 of this code.

(2)

Arbors.

(3)

Awnings or canopies, projecting four feet or less into a required yard.

(4)

Bay windows, projecting three feet or less into a required yard.

(5)

Chimneys, projecting three feet or less into a required yard.

(6)

Decorative barriers, not more than four feet in height and twelve feet in length in any one direction.

(7)

Fences, subject to section 9-3 of this code, and walls and hedges, subject to section 9-4 of this code.

(8)

Flagpoles.

(9)

Fountains.

(10)

Gardens.

(11)

Lighting.

(12)

Marquees, projecting four feet or less into a required yard.

(13)

Overhanging roofs, eaves, gutters, cornices, and other architectural features, projecting three feet or less into a required yard.

(14)

Sculptures and other ornamental features.

(15)

Sidewalks and other walkways

(16)

Signs, subject to section 9-2 of this code.

(17)

Steps and ramps, uncovered, not more than four feet above the established grade that are necessary for access to a structure or to a zoning lot from a public right of way.

(18)

Stormwater facilities

(19)

Temporary uses and structures, subject to section 8-3 of this code.

(20)

Window unit air conditions, projecting two feet or less into a required yard.

b.

In interior side yards:

(1)

Lawn furniture, including benches, sun dials, birdbaths, and feeders, and similar equipment.

(2)

Mechanical equipment, including heating and air conditioners, projecting four feet or less into a required yard.

(3)

Recreational vehicles, boats, and similar equipment.

c.

In rear yards:

(1)

Barbeque equipment.

(2)

Decks.

(3)

Dog houses and runs.

(4)

Laundry drying equipment.

(5)

Lawn furniture, including benches, sun dials, birdbaths, and feeders, and similar equipment.

(6)

Mechanical equipment, including heating and air conditioners, projecting four feet or less into a required yard.

(7)

Outdoor fireplaces.

(8)

Patios.

(9)

Playground equipment.

(10)

Recreational vehicles, boats, and similar equipment.

(11)

Swimming pools, private, pursuant to section 8-1 this code.

(12)

Tennis courts, private, pursuant to section 8-1 of this code.

(13)

Tents, pursuant to section 8-1 of this code.

(14)

Terraces, not over four feet above the established grade.

E.

Exclusion of Easements in Particular Cases.

1.

Where a zoning lot is subject to an easement for stormwater facilities, the area subject to the easement shall be excluded for purposes of calculating the minimum lot area, maximum lot coverage, and minimum yard requirements for that lot.

2.

Where a zoning lot is subject to an easement for a private roadway right of way, the area subject to the easement shall be excluded for purposes of calculating the minimum lot area, maximum lot coverage, and minimum yard requirements for that lot.

A.

Special Use Permit Required. Cannabis dispensaries and cannabis craft growers, as defined in section 13-13 of this UDO, shall only be allowed within the "C-1" General Commercial District and the "I-1" Industrial zoning district and only upon the issuance of a special use permit. No cannabis business establishments shall be allowed in any other zoning district in the village.

B.

Requirements for Cannabis Business Establishments. In addition to the requirements for a special use permit under section 11-11 of this code, all cannabis business establishments must comply with the following requirements:

1.

Location Restrictions. Unless otherwise prescribed by state law, a cannabis business establishment may not be located within 250 feet of the property line of a pre-existing public or private school, public park, public library, child care or instructional facility, or a property zoned R-1, R-2, R-3, R-4, or OT.

2.

Site Plan Review. All cannabis business establishments shall be subject to site plan review as required by section 11-14 of this code. Cannabis business establishments must submit a site plan as part of the special use permit application. The village may impose additional setback, landscaping, screening, and buffering requirements on a cannabis business establishment to mitigate impacts on surrounding properties as conditions of any approval of a special use permit.

3.

State Licensing. Applicants seeking a special use permit for a cannabis business establishment must submit a complete copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their special use permit application. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must provide a copy of their license to operate as a cannabis business establishment from the respective state agency.

4.

Compliance with State Regulations and Rules. All cannabis business establishments shall comply with the Cannabis Regulation and Tax Act, as amended, or the Compassionate Use of Medical Cannabis Program Act, as amended, and all applicable administrative rules and regulations.

5.

Odor Control. All cannabis business establishments must submit a plan for the control of cannabis odors from the subject property as part of the special use permit application.

6.

Security. All cannabis business establishments must submit a security plan as part of the special use permit application.

7.

Drive-Thru Windows. A cannabis dispensary may not have a drive-through service.

8.

Cannabis Dispensary Parking. Cannabis dispensaries are required to have 6 parking spaces per 1,000 square feet of floor area.

9.

Traffic Study. Cannabis business establishments may be required to submit a study showing the impact of the proposed business on traffic in the surrounding area as part of the special use application. The village will select the professional to conduct the traffic study, and the applicant will be responsible for the cost of the study.

10.

Random Inspections. Cannabis dispensaries are subject to random and unannounced inspections by local law enforcement to verify compliance with all applicable laws, rules and regulations.

11.

Cannabis Waste. All cannabis business establishments must submit a plan for the recycling and destruction of cannabis waste as part of the special use permit application, and all cannabis business establishments must comply with all state, county, and village regulations governing cannabis waste.

12.

Hours of Operation. Unless otherwise prescribed by state law, the village may impose limits on the hours of operations of cannabis business establishments as a condition of any special use permit approval.

13.

On-Premises Consumption Prohibition. No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the premises in any form. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."

14.

Number. The number of each type of cannabis business establishments allowed in the village may be established by the Board of Trustees.

C.

Prohibited Uses. On-premises cannabis consumption establishments are prohibited from locating anywhere in the village.

(Ord. No. 19-2019, § 4, 12-10-2019)