Gilberts City Zoning Code

CHAPTER 9

SITE DEVELOPMENT REGULATIONS

9-1.- Parking and loading.

General Requirements for Parking and Loading Facilities.

Applicability to Existing, New, and Expanded Uses.

General Applicability. Except as expressly provided otherwise in this code, the provisions of this section shall apply to all existing and new uses, in accordance with the provisions of this code.

Increase in Use Intensity. Whenever the intensity of use of any structure or use is increased through the addition of floor area, dwelling units, seating capacity, or other units of measurement specified in this code for required parking and loading spaces, parking and loading spaces as required by this code shall be provided for the increase in intensity of use.

Change in Existing Use. Whenever a use existing on the effective date of this code is changed to a new use, parking and loading spaces shall be provided as required for the new use; provided, however, that when any existing use was deficient in required parking or loading spaces on the effective date of this code, the new use may be established with a deficiency in required parking or loading spaces equal to the pre-existing deficiency.

Existing Parking and Loading Facilities. Off-street parking and loading facilities in existence on the effective date of this code and located on the same zoning lot as the structure or use to which the parking or loading serves, shall not be reduced (or if already less than required, shall not be further reduced) below the requirements for a comparable new building, structure, or use under this code.

Duty to Provide. It is the joint and several responsibility of the operator, tenant, and owner of the building, structure, or premises for which off-street parking is required to provide and maintain the required parking facilities.

Minimum Requirements. Nothing in this section shall be construed to limit the right of any person to provide off-street parking and loading in excess of the requirements established by this code but all such parking and loading must comply with the standards of this section.

Storage and Repair. Unless otherwise specified in this code, off-street parking and loading facilities shall not be used for the sale, display, storage, repair, dismantling, or servicing of any vehicles, equipment, materials, goods, or supplies, except that emergency service required to start vehicles is permitted.

Approval. The arrangement, access, surfacing, drainage, screening, landscaping, and illumination of all off-street parking and loading facilities shall be subject to the review and approval of the Zoning Administrator.

Parking. Subject to the limitations of this section, off-street parking is permitted as an accessory use in all districts. Off-street parking is permitted as a principal use only when expressly authorized by the applicable district regulations.

Location of Required Parking Spaces.

Parking spaces required by this section must be located on the same zoning lot as the building, structure, or use to which they are accessory; provided, however, that the Village Board may, by covenant or other agreement, allow all or part of the required off-street parking for a particular building, structure, or use to be located on a lot other than the zoning lot on which the building, structure, or use to which the parking is accessory is located.

Off-street parking may be located in a required yard subject to section 8-9 of this code.

Except as otherwise provided in the Old Town District, all attached or detached single family dwelling units shall include an attached two-car garage measuring no less than 22 feet deep by 20 feet wide. The garage shall be completed prior to occupancy of the dwelling unit and be constructed of exterior materials equal to that applied to the face of the dwelling unit. A garage shall be defined as an enclosed structure composed of a concrete floor, roof, and three enclosed walls plus a door large enough to provide entrance and exit of two motor vehicles from or onto a driveway.

Design and Maintenance. Every parking garage, area, lot, and structure that serving any use except single family residential uses shall be designed, constructed, and maintained in accordance with the applicable standards and requirements herein set forth:

Surface. All new parking lots shall be constructed with a paved surface.

Drainage. All off-street parking areas shall be graded to ensure proper drainage.

Design.

(1)

Access to Street. All parking garages, areas, lots, and structures shall be so located and designed as to provide access to adjacent streets with the least interference with vehicular traffic movements.

(2)

Ingress/Egress. Except in a residential district, each parking garage, area, lot, or structure shall be designed to avoid the backing of vehicles over a sidewalk or into a public street.

(3)

Curbing and Wheel Stops. All off-street parking facilities shall be provided with curbs, wheel stops, or bumper guards around the perimeter of all parking areas, including landscaped areas located within the parking lot.

(4)

Circulation Aisles. Each parking space in a parking lot, except spaces accessory to a single family dwelling, shall be accessed by a circulation aisle of a width, in feet and inches, as specified in Table 1 below.

(5)

Space Dimensions. Each off-street parking space, excluding its associated circulation aisle, shall have the minimum dimensions, in feet and inches, set forth in Table 1 below. Each parking space shall have a vertical clearance of at least seven feet, six inches.

TABLE 1: Parking Module Dimensions (See Graphic in Appendix)

Angle (in degrees)	Minimum Stall Width (A)	Vehicle Projection (B)	Aisle Width (C)	Module Width (D)	Interlock Reduction (E)	Bumper Overhang (F)
30	9.0'	17.0'	12.0'	46.0'	2.7'	1.8'
45	9.0'	17.5'	13.0'	48.0'	2.0'	2.0'
50	9.0'	18.0'	14.0'	50.0'	1.8'	2.1'
55	9.0'	18.5'	14.5'	51.5'	1.6'	2.2'
60	9.0'	19.0'	16.0'	54.0'	1.3'	2.3'
65	9.0'	19.0'	16.5'	54.5'	1.2'	2.3'
70	9.0'	19.5'	17.5'	56.5'	1.0'	2.4'
75	9.0'	19.0'	19.0'	57.0'	0.7'	2.5'
90	9.0'	18.5'	24.0'	61.0'	—	2.7'
Parallel	9.0'	23.0'	12.0'	30.0'	—	—

Screening. All parking lots and garages must comply with the screening and landscaping regulations set forth in section 9-4 of this code.

Lighting. All exterior lighting of parking spaces and areas must comply with the lighting regulations set forth in section 9-5 of this code.

Maintenance. All parking garages, areas, lots, and structures shall be properly maintained at all times.

Required Spaces.

USE	REQUIRED SPACES
a. Residential Uses
Single-family Dwelling	2 spaces per dwelling unit
Multiple Family Dwelling	2 spaces per dwelling unit, plus 1 guest parking space for each 20 required parking spaces
b. Assembly and Institutional Uses
Assembly Uses, including religious facilities, amusement, cultural, recreational, and entertainment uses, and clubs, lodges, and fraternal organizations	1 for each 3 persons, based on maximum capacity
Colleges, Universities, Trade Schools and Vocational Schools	1 for each 3 students, based on maximum student capacity, plus 2 spaces for each 3 employees
Elementary and Junior High Schools	2 parking spaces for each classroom, unless parking for a place of assembly that is equal to or exceeds classroom requirement is provided
High School	1 parking space for every 3 students, based on maximum student capacity, plus 2 spaces for each classroom, unless parking for a place of assembly that is equal to or exceeds classroom requirement is provided
Theaters	1 parking space for each 4 seats
c. Health, Medical, and Care Facilities
Nursing homes and convalescent centers	1 for every 4 beds, plus 2 spaces for each 3 employees
Health Treatment Centers	6 parking spaces for every 1,000 square feet of net floor area
Hospitals	1 parking space for each 2 beds, plus 2 spaces for every 3 employees
Medical Offices and Laboratories	6 parking spaces for every 1,000 square feet of net floor area
Nursery Schools and Day Care Centers	3 parking spaces for every 1,000 square feet of floor area
d. Retail and Service Uses
All retail and service uses not otherwise listed below	6 parking space for every 1,000 square feet of net floor area
Appliance and Furniture Stores	1 parking space for every 250 square feet of net floor area
Auto Repair and Body Shop	4 parking spaces for each service bay, plus 1 space for each employee
Automobile Service Station	2 parking spaces for each island of pumps, plus 4 spaces for each service bay, plus 1 space for each employee
Automobile Sales	6 parking spaces for each 1,000 square feet of net showroom floor area, plus 1 space for each employee, plus 3 spaces for each service bay
Banks and other Financial Institutions	6 parking spaces for every 1,000 square feet of net floor area, plus 6 stacking spaces for each drive-through window up to a maximum of 20 stacking spaces
Bars and Taverns	18 parking spaces for each 1,000 square feet of net floor area
Restaurants, sit down (with or without carry-out)	18 parking spaces for each 1,000 square feet of net floor area
Restaurants, carry-out only	8 parking spaces for each 1,000 square feet of net floor area
Car Wash	1 parking space for each employee, plus 6 stacking spaces
Drive-Through Establishment	6 stacking spaces for each drive-through window or facility up to a maximum of 20 stacking spaces
Hotels and motels	1 parking space for each lodging room, plus 1 additional space for each employee. Additional parking spaces are required for other facilities, such as bars and restaurants
Funeral Homes	1 parking space for every 50 square feet of net floor area
e. Office and Professional Uses
Professional offices less than 50,00 square feet of net floor area	6 parking spaces for each 1,000 square feet of net floor area for the first 4,000 square feet, and 4 spaces for each 1,000 square feet of net floor area thereafter
Professional offices 50,00 square feet of net floor area and larger	4 parking spaces for each 1,000 square feet of net floor area
f. Industrial and Manufacturing Uses
Manufacturing, Processing, Assembly, and Packaging	2 parking spaces for each 1,000 square feet of net floor area
Warehousing and Distribution	1 parking space for each 1,000 square feet of net floor area
g. Other Uses Not Specifically Listed
	Parking spaces shall be provided on the same basis as required for the most similar use, as determined by the Zoning Administrator

Unspecified Uses. When the ultimate use of a structure is not known, the maximum number of spaces that might be required for any use to which the structure might reasonably be devoted shall be provided.

Computation of Required Spaces.

Fractional Spaces. When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction of one-half or less may be disregarded and any fraction in excess of one-half shall require one additional parking space.

Capacity Calculations. When parking spaces are required on the basis of capacity, capacity shall be determined based on the occupancy standards established by the Village building code.

Population Calculations. When parking spaces are required on the basis of the number of customers, employees, students, or similar measure, the maximum number for which the structure is designed shall govern, except that when the structure has no design capacity the maximum number present at any one time shall govern.

Disabled Persons Parking. Disabled persons parking spaces shall be provided in accordance with state requirements.

Collective Provision of Parking Facilities. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces provided is not less than the sum of the separate requirements for each use; provided that all regulations governing location of parking spaces are observed. Further, no parking space or portion thereof shall serve as the required space for more than one use unless specifically authorized in accordance with this code.

Landbanking Authorized. Notwithstanding any other provision of this section, the Village Board may reduce the total number of off-street parking spaces required to be provided subject to acceptance by the property owner of the following conditions:

Termination of Landbanking. The Village Board shall have the right, in its sole and absolute discretion, to require the property owner or his or her successor at any time to increase the number of parking spaces provided to serve the development up to the maximum required for the property in question as if landbanking had been granted.

Alternate Plans Required. Every application to allow landbanking of required parking spaces shall be accompanied by alternate detailed parking plans. One plan shall show the full number of parking spaces required pursuant to this section; the other plan shall show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking areas, the exact number of parking spaces to be provided, and complete details for 1) markings, 2) curbing, 3) surfacing, 4) screening and landscaping, 5) lighting, 6) signing, and 7) access. The design plans for such parking areas shall be subject to the approval of the Village Board.

Open Space Covenant. As a condition of granting a landbank, the applicant shall file with the Village Board the applicant's unconditional agreement and covenant in form and substance satisfactory to the Village Attorney that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off-street parking; or until such covenant is released by the Village Board. The agreement and covenant shall be recorded with the Recorder of Deeds.

Purpose. Subject to the limitations of this section, off-street loading is permitted as an accessory use in all districts other than residential districts.

General Requirements.

Location. All loading berths (docks) shall be located on the same zoning lot as the use served and may be located inside or outside the building served. Loading berths may be located in a required yard subject to section 8-9 of this code.

Design. All loading berths and loading areas shall be designed so that no portion of a vehicle shall project a street, access drive or aisle, parking area, or walkway while loading or unloading.

Size. Unless otherwise specified in this code, all off-street loading berths shall be at least 12 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and have a vertical clearance of at least 15 feet.

Screening. Loading berths shall be screened from view from any public or private street or from any adjacent property. Screening materials will consist of landscaping, walls, berms, or any other permanent material that will provide continuous screening throughout the entire year.

Access. Each required loading berth shall be served by appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movements.

Surface. Every loading space shall be surfaced with an all-weather, heavy-duty, and dustless surface approved by the Village, and maintained at all times free of trash and debris.

Grading and Draining. All loading facilities shall be graded and drained to dispose of water accumulation by means of a storm water drainage system approved by the Village.

Space Allocated. Space allocated to a required loading berth shall not be used to satisfy any requirements of the zoning code for off-street parking spaces.

Maintenance. All off-street loading facilities shall be continually maintained in a state of good repair.

Change of Use. Whenever the existing use of a building, structure, or premises shall hereafter be changed to a new use, loading facilities shall be provided as required for such new use.

Change of Intensity of Use. When the intensity of use of any building, structure, or premises shall be increased through the addition of gross floor area, such additional loading facilities as required shall be provided.

Required Number of Off-Street Loading Berths. All buildings, structures, and uses shall provide adequate off-street loading facilities, as determined by the zoning administrator.

Calculating the Number of Berths. Square footages which produce a fraction less than one-half will not be required to add one additional berth. All fractions over one-half will be required to provide the additional berth.

Optional Berths. Owners and/or operators may install more loading berths than required by the minimum standard, providing all regulations of this code are met.

9-2. - Signs.

Intent and Purpose. Regulation of the location, size, placement, and certain features of signs is necessary to enable the public to locate goods, services, and facilities in the village without difficulty and confusion, to encourage the general attractiveness of the community, and to protect property values therein. Accordingly, it is the intention of this title to establish regulations governing the display of signs that will:

Promote and protect the public health, safety, comfort, morals and convenience.

Enhance the economy and the business and industry of the village by promoting the reasonable, orderly, and effective display of signs, and thereby encourage increased communication with the public.

Restrict signs and lights which overload the public capacity to receive information or which increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.

Promote signs which are compatible with their surroundings, are appropriate to the type of activity to which they pertain, and are expressive of the identity of proprietors and other persons displaying signs.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Awning means a structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted to a position against the building.

Banner means a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind excluding flags, emblems, and insignia or political, professional, religious, education, or corporate organizations; provided, that such flags, emblems and insignia are displayed for noncommercial purposes.

Building official means the building official of the village of Gilberts, Illinois.

Business sign means a sign which directs attention to a business, profession, activity, commodity, service, or entertainment conducted, sold, or offered upon the premises where such sign is located, or within the building to which such sign is affixed.

Canopy means a structure, other than an awning, made of cloth, metal, or other material with frames affixed to a building and carried by a frame which is supported by the ground.

Construction sign means a sign identifying individuals or companies involved in design, construction, wrecking, financing, or development when placed upon the premises where work is under construction, but only for the duration of construction or wrecking.

Curb level means the level of the established curb in the front of a building or other structure measured at the center of such front. Where no curb elevation has been established, the mean elevation of the centerline of the street fronting the building or structure shall be considered "curb level".

Directional sign means a sign providing no advertising of any kind which provides direction or instruction to guide persons to facilities intended to serve the public including, but not specifically limited to, those signs identifying restrooms, public telephones, public walkways, parking areas, and other similar facilities.

Directory sign means a sign which indicates the name and/or address of the occupant, the address of the premises, and/or identification of any legal business or occupation which may exist at the premises.

Existing permanent sign means a permanent sign displayed in the village on and after the effective date hereof.

External illumination means illumination of a sign which is affected by an artificial source of light which is not contained within the sign itself.

Flashing sign means an illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when such sign is illuminated. For the purpose of this title, any moving illuminated sign affected by intermittent lighting shall be deemed to be a "flashing sign".

Grade means the average level of the finished surface of the ground adjacent to a sign or the exterior wall of the building to which a sign is affixed.

Gross surface area means the entire area within a single continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color forming an integral part of the display or to differentiate the sign from the background to which it is placed. Structural supports bearing no sign copy shall not be included in "gross surface area"; however, if any portion of the required structural supports become enclosed for decorative or architectural purposes, that portion will be included in the total "gross surface area" of the sign.

Ground sign means a sign supported by structures or supports or upon the ground and not attached or dependent for support from any building.

Illuminated sign means a sign in which an artificial source of light is used in connection with the display of such sign.

Instructional sign means a sign providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public including, but not specifically limited to, those signs identifying restrooms, public telephones, public walkway, parking areas, and other similar facilities.

Internal illumination means illumination of a sign which is affected by an artificial source of light which is contained within the sign itself.

Item of information means a word, an abbreviation, a number, a symbol, or a geometric shape contained in a sign. A sign which combines several different geometric shapes, or shapes of unusual configuration, is assessed one "item of information" for each noncontinuous plane.

Light emitting diode (LED) means a sign utilizing technology of diode arranged in pixels to create messages changeable by electronic means. These signs shall include other similar signs such as liquid crystal display signs, fiber optic signs, plasma display screen signs, incandescent signs, or any such signs using similar technologies.

Marquee means a permanent, roof like structure extending from part of the wall of a building but not supported by the ground and constructed of durable material such as metal or glass.

Monument sign means a sign with a base larger or equal to the size of the sign. The base of the sign is masonry construction (all masonry signs are allowed). The sign is directly attached to the masonry base.

Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the movement of parts or through the impression of movement, including automatic electronically controlled copy changes, but not including flags, banners or pennants, except for digital signs.

Neon or gas tube illumination means illumination effected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes. When calculating sign area for a building which includes neon tubing used to outline an entire building, area of a wall, window area or roofline, the neon tubing shall be calculated at an equivalency of one linear foot of neon tubing equals one square foot of sign area that counts toward the maximum signage allowed on a particular building.

Nonconforming sign means a sign which does not adhere to one or more of the provisions contained in this title.

Off-premises sign means a sign which directs attention to a business, profession, activity, commodity, service, or entertainment other than one conducted, sold, or offered upon the premises where such sign is located, or within the building to which such sign is affixed.

Open sign means a sign in which the area exposed to wind is less than 70 percent of such sign's aggregate gross surface area.

Political sign means a temporary sign identifying a political candidate, issue, or party.

Portable sign means a sign not permanently affixed to the ground, a building, or other structure, which may be moved from place to place.

Principal building means the main or principal building located upon a single zoning lot; the building in which the principal use of the premises is conducted.

Projected illumination sign means a sign in which the light source is projected onto the wall of a building or other surface.

Projecting sign means a sign which is affixed to a building or wall and extends beyond the face of such building or wall or beyond the surface of that portion of the building or wall to which it is affixed by more than 16 inches.

Real estate sign means a sign which is used to offer for sale, lease, or rent the premises upon which such sign is placed.

Roof sign means a sign erected or maintained in whole or in part upon, against, or directly above the roof or parapet line of a building.

Shopping center means a commercial development under unified control consisting of four or more separate commercial establishments sharing a common building, entranceway, or parking area.

Sign means any identification, description, illustration, or device, illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.

Solid sign means a sign in which the area exposed to wind is 70 percent or more of such sign's aggregate gross surface area.

Temporary sign means a nonpermanent sign erected, affixed, or maintained on a premises for a short, usually fixed, period of time. The fixed period of time is 30 days with one extension per year, with a maximum allowable duration of 60 days in any calendar year.

Wall sign means a sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported.

Warning sign means a sign, containing no advertising material, warning the public of the existence of danger.

Window sign means a sign attached to, placed upon, or painted on the interior of a window or door of a building which is intended for viewing from the exterior of such building.

Zoning lot means a designated parcel, tract, or area of land, established by plat, subdivision or otherwise, permitted by law to be used, developed or built upon as a single unit under single ownership or control.

Permit Requirements.

Permit Required; Exceptions. Except for the following, no person may erect, alter, or relocate within the village any sign without first obtaining a sign permit from the building official and paying the required permit fee:

Exempt signs as specified in subsection I.

Temporary political, real estate, and other so identified signs as specified in subsection J.

Routine maintenance or changing of the parts or copy of a sign; provided, that the maintenance or change of parts or copy does not alter the surface area, height, number of items of information displayed, or otherwise render the sign nonconforming.

Application for Permit. Applications for sign permits shall be submitted to the building official and shall contain or have attached thereto the following information:

The names, addresses, and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign and the person to be erecting or affixing the sign.

The location of the building, structure, or zoning lot on which the sign is to be erected or affixed.

A site plan of the property involved, showing accurate placement thereon of the proposed sign.

Two blueprints or ink drawings, not greater than 24 inches by 36 inches in size, of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color, and weight.

If required by the building official, a copy of stress sheets and calculations prepared by or approved by a registered structural engineer licensed by the state of Illinois showing that the sign is designed for dead load and wind pressure in any direction in the amount required by this title and all other applicable code sections and ordinances of the village.

The written consent of the owner of the building, structure, or property on which the sign is to be erected or affixed.

Such other information as the building official may require to determine full compliance with this code and other applicable ordinances of the village.

Permit Fees. Permit fees for signs regulated by this title shall be those as specified in chapter 4 of title 2 of this code.

Issuance of Permit. Upon the filing of an application for a sign permit, the building official shall examine the plans, specifications, and other submitted data, and the premises upon which the sign is proposed to be erected or affixed. If it appears that the proposed sign is in compliance with all the requirements of this title and other applicable code sections and in conformance with the zoning code and other ordinances of the village, and if the appropriate permit fee has been paid, the building official shall issue a permit for the proposed sign.

Time for Completion of Work; Extensions. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void unless otherwise extended by the building official for a single additional 90-day period.

Revocation of Permit. All rights and privileges acquired under the provisions of this section are mere licenses and, as such, are at any time revocable for just cause by the village board. All permits issued pursuant to this section are hereby subject to this subsection.

Variations.

Intent. It is the intent of this title to use variations only to modify the application of this title to achieve a parity among signs similarly located and classified. Specifically, variations are to be used to overcome some exceptional condition which poses practical difficulty or particular hardship in such a way as to prevent an owner from displaying his/her sign as intended by this title. Such practical difficulty must be clearly exhibited and must be a result of an external influence; it may not be self-imposed.

Petition for Variation.

A petition for a variation from any provision of this title may be made by any person having a proprietary interest in the sign for which such variation is requested.

A variation request shall be addressed to the village board, shall be filed in writing with the village clerk and shall include the following information:

(1)

The names, addresses, and telephone numbers of the petitioner, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person to be erecting or affixing the sign.

(2)

A description of the requested variation.

(3)

Justification of the requested variation.

(4)

The location of the building, structure, or zoning lot on which the sign is to be erected or affixed.

(5)

A site plan of the property involved, showing accurate placement thereon of the proposed sign.

(6)

A blueprint or ink drawing of the plans, not greater than 24 inches by 36 inches in size, and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color, and weight.

(7)

The written consent of the owner of the building, structure, or property on which the sign is to be erected or affixed.

(8)

Such other information as the sign variation committee may require to determine full compliance with this code and other applicable ordinances of the village.

(9)

Each variation request to the village board shall be accompanied by the applicable fee as specified in chapter 4 of title 2 of this code to be paid at the time of filing of the variation request.

Public Hearing.

Timing: The village board shall hold a public hearing on a variation request within 60 days of its completed written filing.

Attendance: The petitioner and village clerk and/or their authorized representatives shall attend those meetings of the village board at which a variation is to be heard.

Standards for Variations. A variation may be granted when it shall be determined from evidence presented to the village board that the variation will not merely serve as a convenience to the petitioner but is necessary to alleviate some demonstrable hardship or unusual practical difficulty and that the granting of the variation will not in any way be inconsistent with the intent, purpose, and objectives of this title.

Village Board Determination.

Within 30 days after the public hearing concerning a variation, the village board, upon the majority vote of its entire membership, shall grant, deny, wholly or in part, or modify said variation request as it determines appropriate and, to that end, shall have all the powers of the officer from which the requested variation was taken.

No requested variation which has been denied wholly or in part by the village board in accordance with the provisions established herein may be resubmitted for a period of one year from the date of said denial, except on grounds of new evidence or proof of changed conditions found to be valid by the village board.

Village Board Revocation. In any case where a variation has been granted, and where no work pertinent thereto has been initiated within one calendar year from the date of village board approval of the requested variation, then, without further action by either the sign variation committee or the village board, said variation shall become null and void.

Records. The village clerk shall maintain complete records of all findings of fact and all determinations of the village board relative to a requested variation. All such records shall be open to the public for inspection.

Basis of Regulations.

The display of signs in the village is hereby regulated on the basis of the following factors:

The type of activity displaying the sign; and

The following four design features:

(1)

The type of sign;

(2)

The area of the sign;

(3)

The height of the sign; and

(4)

The location of the sign.

In addition, certain signs and certain activities are regulated on the basis of additional factors as set forth in this title.

Illumination. The illumination of signs must comply with the following:

Electrical Permit Required. In addition to complying with the provisions of this title, all signs in which electrical wiring and connections are to be used shall be subject to the applicable provisions of the village electrical code.

Illumination of Buildings, Structures and Areas.

The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, to illuminate buildings, structures, outdoor sales areas, or outdoor storage areas is prohibited, except:

(1)

During the month of December for areas in which Christmas trees are offered for sale;

(2)

On a temporary basis for areas in which carnivals, fairs, or other similar activities are held; and

(3)

On a temporary basis as otherwise determined appropriate by the village board of trustees.

A building or other structure may be illuminated, but all lighting used for this purpose must be designed, located, shielded, and directed in such a manner that the light source is fixed and not directly visible from any adjacent publicly dedicated roadway and surrounding property.

Brightness. In no instance shall the lighting intensity of any sign, whether resulting from internal illumination or external illumination, exceed 75 foot-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign.

Glare. All signs shall be designed, located, shielded, and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated roadways and surrounding property.

External Illumination. All illumination on a sign shall be from an internal source. The use of projectors or other equipment to externally illuminate the structure is not allowed.

Construction Specifications. All permanent signs permitted by this title shall be constructed in accordance with the provisions of this section.

Compliance with Applicable Codes. In addition to complying with the provisions of this title, all signs shall be constructed in accordance with the applicable provisions of the village building code and electrical code.

Auxiliary Specifications. All signs permitted by this title shall be constructed in accordance with the following provisions:

Obstruction of Exits. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window, door opening, or wall opening intended as a means of ingress or egress.

Obstruction of Ventilation. No sign shall be erected, constructed, or maintained so as to interfere with any opening required for ventilation.

Clearance from Electrical Power Lines and Communication Lines. All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communication lines in accordance with the applicable provisions of the village electrical code. However, in no instance shall a sign be erected or constructed within eight feet of any electrical power line, conductor, or service drop or any communication line, conductor, or service drop.

Clearance from Surface and Underground Facilities. All signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity, or communications equipment or lines. In addition, the placement of all signs and their supporting structures shall not interfere with natural or artificial drainage or surface or underground water.

Obstruction to Existing or Instructional Signs. No sign shall be erected, constructed, or maintained so as to interfere with any existing warning or instructional sign.

Wind Loads. All signs, except those attached flat against the wall of a building, shall be constructed to withstand minimum wind loads as follows:

Solid signs. Thirty pounds per square foot per face of the sign.

Open signs. Thirty six pounds per square foot of the total face area of the letters and other sign surfaces, or ten pounds per square foot of the gross surface area of the sign, whichever is greater.

Prohibited Signs. The following signs are hereby expressly prohibited for erection, construction, repair, alteration, or relocation within the village, except as otherwise permitted in this title:

A-Frame or Sandwich Board Signs. A-frame or sandwich board and sidewalk or curb signs, except as a temporary sign, as provided in subsection J.

Banners, Pennants and Inflatable Signs. Banners, pennants, streamers, inflatable signs, balloons, and other gas filled figures, except as a temporary sign, as provided in subsection J.

Billboards and Other Off-premises Signs. Billboards and other off-premises signs, except as a temporary sign, as provided in subsection J, and except as expressly permitted by subsection P.

Moving and Flashing Signs. Signs which flash, revolve, rotate, swing, undulate, or otherwise attract attention through the movement or flashing of parts, including automatic electronically controlled copy changes, or through the impression of movement or flashing, except for:

That portion of those signs indicating the time and/or temperature and signs fully located within an enclosed building and are not observable from the exterior of such building; and

Except as a temporary sign, as provided in subsection J.

LED signs.

Portable and Wheeled Signs. Portable and wheeled signs, except as a temporary sign, as provided in subsection J.

Projecting Signs. Signs which are attached or otherwise affixed to a building and project more than 16 inches beyond the wall surface of such building to which the sign is attached or otherwise affixed thereto.

Pylon Signs. Signs which are mounted on top of a single or of multiple poles.

Roof Signs. Signs on roofs.

Signs on Parked Vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.

10.

Signs on Tree. Signs which are attached or otherwise affixed to trees or other living vegetation.

11.

Painted Signs. Signs painted on an exterior wall, fascia, parapet, or a chimney of a building or on a fence.

12.

Signs with Inaccurate Information. Signs which contain untruthful or misleading information.

13.

Signs Interfering with Traffic or Imitating Traffic Control Devices. Signs which imitate, interfere with, obstruct the view of, or can be confused with any authorized traffic control sign, signal, or other device.

Exempt Signs. The following signs are hereby exempt from the provisions of this title, excepting for such instances where any sign listed herein is found to be unsafe or unlawful:

Signs on Vehicles. Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer. However, this is not in any way intended to permit signs placed on or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property as to be visible from a public right of way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.

Awning, Canopy, and Marquee Signs. Signs, not exceeding an aggregate gross surface area of two square feet, indicating only the name of the activity conducted on the premises on which the sign is to be located and/or a brief generic description of the business being conducted by the activity. Advertising material of any kind is strictly prohibited on signs affixed to awnings, canopies, and marquees. Awning, canopy, and marquee signs exceeding four square feet in aggregate gross surface area shall be allowed only as specified in this section.

Directional or Instructional Signs. Signs, not exceeding two feet in aggregate gross surface area, which provide direction or instruction to guide persons to facilities intended to serve the public; provided, that such signs contain no advertising of any kind, with a maximum of two directional or instructional signs per building or per tenant space. Such signs include those identifying restrooms, public telephones, public walkways, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs.

Flags. Flags, emblems, and insignia of political, professional, religious, educational, or corporate organizations; provided, that such flags, emblems, and insignia are displayed for noncommercial purposes.

Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger and aid to service or safety which are erected by, or at the order of, a public officer or employee in the performance of the officer's or employee's duties.

Holiday Decorations. Signs or other materials temporarily displayed on recognized civic, patriotic, or religious holidays displayed no more than 30 days after the holiday.

Interior Signs. Signs which are fully located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs located within the inner or outer lobby, court, or entrance of any theater which are intended solely for information relating to the interior operation of the building in which they are located.

Memorial Signs. Memorial plaques or tablets, grave markers, statuary, or other remembrances of persons or events that are noncommercial in nature.

Name and Address Plates. Signs, not exceeding two square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of four square feet, indicating the name of the occupant, the address of the premises, and identification of any legal business or operation which may exist at the premises.

10.

No Trespassing, No Dumping, No Parking, Towing, and Other Similar Signs. No trespassing, no dumping, no parking, towing and other similar signs (as set forth by the current regulations of the Illinois commerce commission), not exceeding two square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of four square feet and not exceeding two in number per zoning lot in residential areas, not exceeding four square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of eight square feet and not exceeding four in number per zoning lot in nonresidential areas. However, under proven special circumstances, the building official may permit additional such signs if determined to be warranted.

11.

Parking Lot Directional and Instructional Signs.

Directional Signs. Signs designating parking area entrances and exits limited to one sign for each entrance and/or exit and not exceeding four square feet in gross surface area for each exposed face. Parking lot directional signs shall not project higher than five feet, as measured from the established grade of the parking area to which such signs are accessory.

Instructional Signs. Signs designating the conditions of use or identity of parking areas and not exceeding nine square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of 16 feet. Parking lot instructional signs shall not project higher than ten feet for wall signs and seven feet for ground signs, as measured from the established grade of the parking areas(s) to which such signs are accessory.

Obstructing View Prohibited. Parking lot signage shall not obstruct the line of sight for vehicles entering and exiting a parking lot or area and/or entering a public street.

12.

Public Notices. Official notices posted by public officers or employees in the performance of the officers' or employees' duties.

13.

Public Signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute, or ordinance. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance.

14.

Symbols or Insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies not exceeding two square feet in gross surface area for each exposed face nor exceeding four square feet in aggregate gross surface area.

15.

Vending Machine Signs. Permanent, nonflashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use, and other similar information, not exceeding four square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of eight square feet.

16.

Warning Signs. Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed necessary to warn the public of the existence of danger.

Temporary Signs. Temporary signs may be erected and maintained in the village only in accordance with the provisions contained in this section:

Permit Required; Conditions.

No person shall erect, construct, repair, alter, or relocate within the village any temporary sign, except temporary political and real estate signs, without first obtaining a permit from the building official.

The building official shall impose, as a condition of the issuance of a permit for temporary signs, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the health, safety, welfare, and convenience of the public.

Illumination. Temporary signs may be illuminated in compliance with the requirements of this title.

Permitted Temporary Signs. Temporary signs shall be limited to nonprojecting wall signs, attached ground signs, or portable and wheeled signs as defined herein.

Temporary Business Signs. Temporary business signs identifying a special, unique, or limited activity, service, product, or sale of limited duration shall be subject to the following:

Number: There shall not be more than two permits for temporary business signs issued for the same premises within one calendar year.

Area:

(1)

Residential Areas. In residential areas, temporary business signs shall not exceed four square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of eight (square feet.

(2)

Nonresidential Areas. In nonresidential areas, temporary business signs shall not exceed 32 square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of 64 square feet.

Location: Temporary business signs shall be located only upon the zoning lot upon which the special, unique, or limited activity, service, project, or sale is to occur. Such signs shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway. Temporary signs shall not obstruct the line of sight for any vehicle.

Height:

(1)

Residential Areas. In residential areas, temporary business signs shall not project higher than seven feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

(2)

Nonresidential Areas. In nonresidential areas, temporary business signs shall not project higher than 15 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

Timing. Temporary business signs shall be erected and maintained for a period not to exceed 30 days, and shall be removed within three days of the termination of the activity, service, project, or sale.

Temporary Construction Signs. Temporary construction signs identifying the parties involved in the construction to occur or occurring on the premises on which the sign is placed shall be subject to the following:

Number: There shall not be more than four temporary construction signs for each project or development per street frontage.

Area:

(1)

Residential Areas. In residential areas, temporary construction signs shall not exceed 50 square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of 100 square feet.

(2)

Nonresidential Areas. In nonresidential areas, temporary construction signs shall not exceed 75 square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of 150 square feet.

Location: Temporary construction signs shall be located only upon the premises upon which construction either is about to occur or is occurring. Such signs shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

Height: Temporary construction signs shall not project higher than 15 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

Special Conditions.

(1)

Accessory Use. Temporary construction signs shall be permitted only as accessory to an approved building permit for a project or development.

(2)

Timing. Temporary construction signs may be erected and maintained for a period not to exceed 60 days prior to the commencement of construction and shall be removed within 14 days of the termination of construction of the project or development.

Temporary Event Signs. Temporary event signs announcing a drive, activity, or event of a civic, philanthropic, educational, or religious organization for noncommercial purposes shall be subject to the following:

Number, Area, Height and Location:

(1)

The permitted number, area, height, location, and construction of temporary event signs shall be determined by the building official with consideration given to the public safety and the signage reasonably necessary and appropriate for the intended purpose.

(2)

Any temporary event sign which is permitted by the building official to extend over or onto a public right of way shall be erected and maintained in such a manner as to not interfere or obstruct access, activity, or vision along any such public right of way.

Special Conditions.

(1)

Timing. Temporary event signs may be erected and maintained for a period not to exceed 30 days prior to the date on which the campaign, drive, activity, or event advertised is scheduled to occur and shall be removed within three days of the termination of such campaign, drive, activity or event.

(2)

Limit on Number of Permits. No more than two permits for temporary event signs shall be issued for the same premises within one calendar year.

Temporary Political Signs. Temporary political signs announcing political candidates seeking public office, political parties, and/or political and public issues contained on a ballot shall be subject to the following:

Number:

(1)

Private Property. There shall be no limit on the number of temporary political signs for each zoning lot, provided all such signs meet the area, location, height, and other regulations contained in this section.

(2)

Public Right-of-way. There shall be no political signs placed in the public right of way. All removed signs shall be discarded by the public works department and shall not be returned to the owner, candidate, or political party.

(3)

Other. There shall be no political signs attached to telephone poles, utility poles, other permanent signs or fences. All removed signs shall be discarded by the public works department and shall not be returned to the owner, candidate, or political party.

Additional Private Property Restrictions.

(1)

Area: Temporary political signs are permitted on private property; provided however, that all temporary political signs on a private lot shall not exceed an aggregate total gross surface area of 64 square feet and in no event shall any temporary political sign exceed four feet in height or eight feet in width.

(2)

Location: The temporary political signs may be located in any required yard. The signs shall not block the sidewalk or the line of sight at any intersection.

Temporary Real Estate Signs. Temporary real estate signs advertising the sale, lease, or rent of the premises upon which such sign is located shall be subject to the following:

Number: There shall not be more than one temporary real estate sign for each zoning lot; except, that where a lot abuts two or more streets, additional signs, one oriented to each abutting street, shall be permitted.

Area:

(1)

Residential Areas. In all residential areas, temporary real estate signs shall not exceed four square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of eight square feet.

(2)

Nonresidential Areas. In nonresidential areas, temporary real estate signs shall not exceed 75 square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of 150 square feet.

Location: Temporary real estate signs shall be located only upon the premises for sale, lease, or rent. Such signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

Time for Removal. Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located.

Permitted Signs for Residential Uses. For all residential uses, only the following signs are hereby permitted and then only if accessory and incidental to a permitted or special use:

Building Name and Address Signs. Name and address signs of buildings containing six or more residential units indicating only the name of the building, the name of the development in which it is located, the management thereof, and/or address of the premises shall be subject to the following:

Type: Building name and address signs may be monument signs.

Number: There shall not be more than one name and address sign for each building; except, that where a building abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted.

Area: Building name and address signs shall not exceed six square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of 12 square feet.

Location: Building name and address signs shall not be located closer than one-half the minimum setback required for the zoning district in which the sign is to be erected or within 15 feet of any point of vehicular access from a zoning lot to a public roadway. The location and arrangement of all building name and address signs shall be subject to the review and approval of the building official.

Height: Building name and address signs shall not project higher than seven feet as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

Residential Development Signs. Residential development signs indicating only the name of the development, the management or developer thereof, and/or the address or location of the development shall be subject to the following:

Type: All residential development signs shall be monument signs.

Number: There shall not be more than two residential development signs for each point of vehicular access to a development.

Area: Residential development signs shall not exceed 50 square feet in gross surface area for each exposed face nor exceed an aggregate gross surface of 100 square feet.

Location: Residential development signs shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway. The location and arrangement of all residential development signs shall be subject to the review and approval of the building official.

Height: Residential development signs shall not project higher than seven feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

Exempt Signs. Exempt signs are as specified in subsection I.

Temporary Signs. Temporary signs are as specified in subsection J.

Permitted Signs for Commercial Uses. For all commercial uses, only the following signs are hereby permitted and then only accessory and incidental to a permitted or special use:

Commercial Use Signs. Commercial use signs shall be subject to the following:

Wall Signs.

(1)

Number: There shall be not more than one wall sign for each tenant; except, that where the building abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted.

(2)

Area:

(A)

The gross surface area of a wall sign shall not exceed three times the linear frontage of the tenant space on which the sign is installed nor the following maximum surface area, whichever is less:

(i)

Eighty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is less than 100 feet.

(ii)

One hundred twenty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 100 feet or more but less than 200 feet.

(iii)

Two hundred forty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 200 feet or more but less than 400 feet.

(iv)

Four hundred square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 400 feet or more.

(B)

Consists only of individual, outlined alphabetic, numeric, and/or symbolic characters without background except that provided by the building surface to which the sign is to be affixed; and

(C)

If illuminated, such illumination is achieved through shielded illumination, shielded silhouette lighting, or shielded spot lighting but not any lighting where the light source is visible or exposed on the face or sides of the characters.

(3)

Location: A wall sign may be located on the outermost wall of any principal building but shall not project more than 16 inches from the wall to which the sign is to be affixed. The location and arrangement of all wall signs shall be subject to the review and approval of the building official.

(4)

Height: A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or 20 feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower.

Monument Signs.

(1)

Type: The only type of ground sign allowed is a monument sign, except as provided in subsection P.

(2)

Number: There shall not be more than one monument sign for each principal building.

(3)

Specifications: The base of all monument signs shall be two feet in height and the base and columns constructed of masonry to match the building.

(4)

Location: A monument sign shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

(5)

Height: A monument sign shall not project higher than eight feet, as measured from the top of the base.

(6)

Length: The maximum length of the message area on a monument sign shall be ten feet, and the maximum length of the monument sign inclusive of columns or side supports shall not exceed 14 feet in length.

Awning, Canopy and Marquee Signs.

(1)

Number:

(A)

There shall not be more than one awning, canopy, or marquee sign exceeding an aggregate gross surface area of four square feet for each principal building. Awning, canopy, and marquee signs which are four square feet or less in aggregate gross surface area are exempt from the provisions of this title.

(B)

This sign is not allowed if there is a wall sign.

(2)

Area: The gross surface area of an awning, canopy or marquee sign shall not exceed 50 percent of the gross surface area of the smallest face of the awning, canopy, or marquee to which such sign is to be affixed.

(3)

Location: A sign may be affixed to or located upon any awning, canopy, or marquee. The location and arrangement of all such signs shall be subject to the review and approval of the building official.

(4)

Height: An awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed.

Window Signs: Window signs which are on the interior of the window shall not cover more than 50 percent of the window surface area.

Shopping Center Signs. Shopping center signs shall be subject to the following:

Wall Signs.

(1)

Number: There shall not be more than one wall sign for each tenant or use contained in a shopping center; except, that where a tenant or use abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted.

(2)

Area:

(A)

The gross surface area of a wall sign shall not exceed three times the linear frontage of the tenant space on which the sign is installed nor the following maximum surface area, whichever is less:

(i)

Eighty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is less than 100 feet.

(ii)

One hundred twenty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 100 feet or more but less than 200 feet.

(iii)

Two hundred forty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is two hundred feet or more but less than 400 feet.

(iv)

Four hundred square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 400 feet or more.

(B)

If such wall consists only of individual, outlined, alphabetic, numeric, and/or symbolic characters without background except that provided by the building surface to which the sign is to be affixed; and if illuminated, such illumination is achieved through shielded illumination, shielded silhouette lighting, or shielded spot lighting but not any lighting where the light source is visible or exposed on the face or sides of the characters; or

(C)

When all wall signs located in the shopping center utilize lettering and background uniform in style and coloring.

(3)

(4)

Monument Signs.

(1)

Type: The only type of ground sign allowed is a monument sign.

(2)

Number: There shall not be more than one monument sign for each principal building.

(3)

Specifications: The base of all monument signs shall be two feet in height and the base and columns constructed of masonry to match the building.

(4)

Location: A monument sign shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

(5)

Height: A monument sign shall not project higher than eight feet, as measured from the top of the base specified in subsection B.2.c of this section.

(6)

(7)

Directory Signs: Each shopping center monument sign may include, affixed directly thereto, a directory indicating only the names of the tenants of the shopping center in which the sign is to be located. The gross surface area of the directory sign shall not exceed 60 square feet for each exposed face nor exceed an aggregate gross surface area of 20 square feet for each tenant located in the shopping center in which the sign is to be located. The information displayed by a shopping center directory sign, which is in compliance with the requirements of this subsection, shall not be treated as items of information.

Awning, Canopy and Marquee Signs.

(1)

Number:

(A)

(B)

An awning, canopy or marquee sign is not allowed if there is a wall sign.

(2)

Area: The gross surface area of an awning, canopy, or marquee sign shall not exceed 50 percent of the gross surface area of the smallest face of the awning, canopy, or marquee to which such sign is to be affixed.

(3)

Location: A sign may be affixed to or located upon any awning, canopy or marquee. The location and arrangement of all such signs shall be subject to the review and approval of the building official.

(4)

Height: An awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed.

Automobile Dealership Signs. Specific signage requirements for automobile dealership signs will be determined concurrent with their special use permit application.

Automobile Service Station Signs. Automobile service station signs shall be subject to the following:

Wall Signs.

(1)

(2)

Area:

(A)

The gross surface area of a wall sign shall not exceed three times the linear frontage of the tenant space on which the sign is installed nor the following maximum surface area, whichever is less:

(i)

Eighty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is less than 100 feet.

(ii)

One hundred twenty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 100 feet or more but less than 200 feet.

(iii)

Two hundred forty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 200 feet or more but less than 400 feet.

(iv)

Four hundred square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 400 feet or more.

(B)

Consists only of individual, outlined, alphabetic, numeric, and/or symbolic characters without background except that provided by the building surface to which the sign is to be affixed; and

(C)

If illuminated, such illumination is achieved through shielded illumination, shielded silhouette lighting, or shielded spot lighting, but not any lighting where the light source is visible or exposed on the face or sides of the characters.

(3)

(4)

Monument Signs.

(1)

Type: The only type of ground sign allowed is a monument sign.

(2)

Number: There shall not be more than one monument sign for each principal building.

(3)

Specifications: The base of all monument signs shall be two feet in height and the base and columns constructed of masonry to match the building.

(4)

Location: A monument sign shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

(5)

Height: A monument sign shall not project higher than eight feet, as measured from the top of the base.

(6)

Awning, Canopy and Marquee Signs.

(1)

Number:

(A)

(B)

An awning, canopy, or marquee sign is not allowed if there is a wall sign.

(2)

(3)

Location: A sign may be affixed to or located upon any awning, canopy, or marquee. The location and arrangement of all such signs shall be subject to the review and approval of the building official.

(4)

Height: An awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed.

Service Bay Identification Signs. Service bay identification signs providing direction or instruction to persons using the facility and containing no advertising material of any kind shall be subject to the following:

(1)

Type: All service bay identification signs shall be wall signs.

(2)

Number: There shall not be more than one service bay identification sign for each service bay located on the premises.

(3)

Area: The gross surface area of a service bay identification sign shall not exceed ten square feet.

(4)

Location: A service bay identification sign may be located on the outermost wall of any principal building adjacent to a service bay entrance but shall not project more than 16 inches from the wall to which the sign is to be affixed. The location and arrangement of all service bay identification signs shall be subject to the review and approval of the building official.

(5)

Height: A service bay identification sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or 20 feet, as measured from the base of the building to which the sign is to be affixed, whichever is lower.

(6)

Special Conditions: The information displayed by a service bay identification sign which is in compliance with the requirements of this subsection shall not be treated as items of information.

Service Island Identification Signs. Service island identification signs indicating the type of service offered, the price of gasoline, and other relevant information or direction to persons using the facility but containing no advertising material of any kind shall be subject to the following:

(1)

Type: All service island identification signs may be either wall signs or ground signs.

(2)

Number: There shall not be more than one service island identification sign for each service or pump island located on the premises.

(3)

Area: The gross surface area of a service island identification sign shall not exceed six square feet for each exposed face nor exceed an aggregate gross surface area of 12 square feet.

(4)

Location: Service island identification signs may be located on the outermost wall of any principal building or in any required yard. The location and arrangement of all service island identification signs shall be subject to the review and approval of the building official.

(5)

Height: A service island identification sign shall not project higher than 15 feet, as measured from the base of the sign or building to which the sign is to be affixed or the grade of the nearest adjacent roadway, whichever is lower.

(6)

Special Conditions: The information displayed by a service island identification sign which is in compliance with the requirements of this subsection shall not be treated as items of information.

Exempt Signs. Exempt signs are as specified in subsection I.

Temporary Signs. Temporary signs are as specified in subsection J.

Light Emitting Diode (LED) Sign Regulations. Light Emitting Diode (LED) signs shall be permitted under the following conditions:

Signs shall only be permitted in non-residential zoning districts subject to a special use permit issued pursuant to section 11-11 of this code.

Only one sign shall be permitted on each zoning or shopping center lot.

Signs shall only be allowed as a freestanding ground sign and shall not be in addition to the number of allowed freestanding signs.

No sign shall be located within 100 feet of a residential use, except as otherwise approved in the special use permit. No sign shall be located within 400 feet of another LED sign on the same side of the street. No sign shall be located within 200 feet of another LED sign on the opposite side of the street.

Signs shall only display promotional messages of a good or service that is being offered at the place of business on the particular zoning lot that the sign is located, with the exception of advertisements for community events, or as otherwise expressly approved by a special use permit.

Animated signs, sign that change image signs, video signs or tri-vision signs shall be prohibited. Movement, including flashing, scrolling or rotating so as to draw attention is prohibited. Each message must be static or depicted for a minimum of ten seconds.

The message area shall not have an undue brightness, which shall be defined as 5,000 nits during the day and 500 nits at night. The owner/user shall reduce the level of brightness if determined by the Village that the light levels exceed the levels specified. The sign shall be programmed to dim and brighten automatically in response to changes in ambient light. Prior to issuance of a permit for the sign, the applicant shall provide written certification from the sign manufacturer or installer that the light intensity has been factory preset not to exceed the levels specified above. The sign shall be controlled electronically by a computer or other similar device that has a manual override. The sign shall either freeze or go blank in the event of a malfunction.

Electronic messages shall be turned off at all times when the business or use that it serves is closed, except LED signs that display fuel prices.

Fuel prices on signs at gas stations may be displayed in electronic numbers in lieu of changeable copy numbers. Signs used to display fuel prices shall be for the exclusive use of the display of fuel prices and may not display any other type of message or advertisement. Signs that display fuel prices may not change until a change in the price of fuel has occurred. The fuel price displayed on an electronic message board sign shall not scroll, move or flash and must be static.

Permitted Signs for Office, Industrial and Institutional Uses. For all office, industrial and institutional uses, only the following signs are hereby permitted and then only if accessory and incidental to a permitted or special use:

Office, Industrial and Institutional Use Signs. Office, industrial and institutional use signs shall be subject to the following:

Wall Signs.

(1)

(2)

Area:

(A)

The gross surface area of a wall sign shall not exceed three times the linear frontage of the tenant space on which the sign is installed nor the following maximum surface area, whichever is less:

(i)

Eighty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is less than 100 feet.

(ii)

One hundred twenty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 100 feet or more but less than 200 feet.

(iii)

Two hundred forty square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 200 feet or more but less than 400 feet.

(iv)

Four hundred square feet where the building setback from the closest perpendicular street or approximately perpendicular street is 400 feet or more.

(B)

Consists only of individual, outlined, alphabetic, numeric, and/or symbolic characters without background except that provided by the building surface to which the sign is to be affixed; and

(C)

(3)

(4)

(5)

Special Conditions: Where a principal building is devoted to two or more permitted uses, the operator of each such use may install a wall sign upon his/her proportionate share of the building wall. The maximum gross surface area of said sign shall be determined by calculating the proportionate building wall, including doors and windows, to which affixed and applying such proportion to the aggregate gross surface area for the building.

Monument Signs.

(1)

Type: The only type of ground sign allowed is a monument sign, except as provided in subsection P.

(2)

Number: There shall not be more than one monument sign for each principal building.

(3)

Specifications: The base of all monument signs shall be two feet in height and the base and columns constructed of masonry to match the building.

(4)

Location: A monument sign shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

(5)

Height: A monument sign shall not project higher than eight feet, as measured from the top of the base specified in subsection A.2.c of this section.

(6)

Awning, Canopy and Marquee Signs.

(1)

Number:

(A)

(B)

An awning, canopy, or marquee sign is not allowed if there is a wall sign.

(2)

(3)

Location: A sign may be affixed to or located upon any awning, canopy, or marquee. The location and arrangement of all such signs shall be subject to the review and approval of the building official.

(4)

Height: An awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed.

Office and Industrial Park Signs. Office and industrial park signs indicating only the name of the park, the manager of the park or of the developer thereof, and/or the address or location of the park shall be subject to the following:

Type: The only type of ground sign allowed is a monument sign.

Number: There shall not be more than one monument sign for each principal building.

Base Specifications: The base of all monument signs shall be two feet in height and constructed of brick to match the building.

Location: A monument sign shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

Height: A monument sign shall not project higher than eight feet, as measured from the base of the sign or grade of the nearest adjacent roadway or the average grade within 30 feet, whichever is lower.

Directory Signs. Directory signs indicating only the names of the occupants of the premises on which the sign is to be located but containing no advertising material of any kind shall be subject to the following:

Type: Directory signs may be either wall signs or ground signs.

Number: There shall not be more than one directory sign for each office, industrial, and institutional building or complex under unified control consisting of two or more occupants. Directory signs shall not be permitted for single occupant office, industrial, and institutional buildings and complexes.

Area: The aggregate gross surface area of a directory sign shall not exceed five square feet for each occupant located in the building or complex.

Location: A directory sign may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway.

Height: A directory sign shall not project higher than ten feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower.

Institutional Attraction Boards. Attraction boards displayed by civic, philanthropic, educational, and religious organizations identifying activities, events, and services involving the organization occupying the premises on which the attraction board is to be erected and containing no commercial advertising material of any kind shall be subject to the following:

Type: Institutional attraction boards may be either ground signs or wall signs.

Number: There shall not be more than one institutional attraction board for each principal building.

Area: The gross surface area of an institutional attraction board shall not exceed 50 square feet for each exposed face nor exceed an aggregate gross surface area of 100 square feet.

Location: An institutional attraction board may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from any zoning lot to a public roadway.

Height: An institutional attraction board shall not project higher than 15 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

Items of Information: The information displayed by an institutional attraction board which is in compliance with the requirements of this subsection shall not be treated as items of information.

Exempt Signs. Exempt signs are as specified in subsection I.

Temporary Signs. Temporary signs are as specified in subsection J.

Special Regulations.

Special District Regulations. The village board may, from time to time, establish sign regulations separate from the provisions of this title for a designated area of the village. Such districts shall be contiguous, of substantial size, and possess certain unique characteristics, as determined by the village board, to warrant sign regulations which differ from one or more of the provisions of this title. A map defining the district and special regulations, which may modify certain defined provisions of this title, will, upon approval by the village board, be made an attachment to this title. If, and to the extent that, special district regulations are approved by the village board, such regulations shall be observed by the persons affected in lieu of compliance with the affected provisions of this title. However, those provisions of this title which are not affected by the special district sign regulations shall continue to apply in the designated special district. Nothing in this section or elsewhere in this title shall prevent the establishment of special district sign regulations which are more stringent than those set forth in this title. No special district sign regulations shall be approved by the village board unless the regulations are binding upon all persons and property located in the designated area to which the regulations are intended to apply.

Sign Packages. The village board may, from time to time, approve special sign regulations for a particular development or property as part of a comprehensive sign package approved pursuant to an annexation agreement, planned unit development, or other ordinance or agreement. The provisions of any such approved sign package shall supersede and control over the sign regulations contained in this section where they vary for the effective period of the sign package approval. As part of the approval of a sign package, the village board is authorized to modify the provisions of the sign regulations contained in this section where the village board determines that the modifications are in the best interest of the village and its residents.

Nonconforming Signs. Nonconforming signs shall be subject to the regulations contained in section 6 of this code.

Off-Premise Signs. Off-premise signs, including billboards, may be erected, constructed, and repaired within 660 feet of the right of way line of Interstate 90 (I-90), subject to the following:

The property on which the sign will be located must be zoned in either the commercial (C-1) or industrial (I-1) zoning district.

The sign area for the off-premise sign shall not exceed 80 square feet in area, and the maximum height of the sign shall ten feet, as measured from grade.

The off-premises sign must be located at least 2,500 feet from any other off-premises sign, as measured from the base of the proposed off-premises sign to the base of an existing off-premises sign.

The off-premises sign must comply with the illumination regulations of subsection F and other applicable provisions of this code.

9-3. - Fences.

Permit Required. No person shall erect any fence, screen or wall on any property without first securing a permit from the village building official.

Location.

No fence, wall, or other similar screening material shall be erected or maintained in any public right of way except those fences, walls, or other screening materials erected by a public body for public safety purposes.

All fences must be constructed within the confines of the property for which the permit is sought.

In no event shall any fence, wall, or other screening material be erected or maintained in any location near a public or private street, alley, driveway, or other means of ingress or egress that results in impairing the visibility of oncoming vehicular or pedestrian traffic.

All fences shall be oriented with the finished side facing any public right-of-way.

Height. Except as otherwise expressly provided by this code, no fence shall extend to more than six feet in height.

Special Fence Regulations.

Height Restrictions for Fences in Front Yards (other than corner yards).

Solid Fences, Walls, and other Solid Screening Materials. No solid fence, wall or other screening material in a front yard shall exceed three feet in height when located in a front yard.

Open Fences and Other Similar Screening Materials. No open fence or other similar screening material shall exceed four feet in height when located in a front yard.

Patio Fences, Screens and Walls. In residential areas, a solid fence, screen or wall may be erected around the immediate boundaries of any patio for the purpose of securing privacy; provided, that such fence, screen or wall does not exceed seven feet in height and is located not less than three feet from the property line.

Special Regulations for Accessory Uses and Structures. Swimming pools, tennis courts, and antenna facilities shall comply with the special fence regulations and requirements contained in section 8-1 of this code.

Corner Yards. A fence, wall, or screen may not extend forward of any rear corner of the house but may be located in the rear yard, provided that the fence must be located within the lot lines of the property.

Barbed Wire Fences. No person shall erect any fence along a street, alley or public place within the village in which barbed wire or any other sharp, pointed or dangerous material forms a part, without prior approval of the village board.

Building Code Compliance. All fences shall comply with the village's building code regulations.

Maintenance. All fences, walls, and similar screening materials shall be maintained in good condition.

(Ord. No. 10-22, § 2, 8-16-2022)

9-4. - Landscaping and trees.

Landscaping and Screening.

Purpose. The landscaping and screening requirements set forth in this section are intended to help preserve and protect the appearance, character, general health, well-being and safety of the Village by ensuring the compatibility of different land uses. Specifically, these regulations are intended to increase the compatibility of adjacent uses by requiring a buffer or screen between such uses so as to minimize the negative impacts of noise, dust, and other debris, unsightly views, motor vehicle headlight glare and the intrusion of other sources of artificial light.

Application. The landscaping and screening requirements set forth in this section shall apply to site plan review applications, special uses, planned unit developments and other new developments. Existing developments shall be exempt from these landscaping regulations unless a building or parking expansion or alteration is sought. The extent of landscaping required for a given site shall be proportionate to the size of the site and the extent of new development, or expansion of an existing building or parking area. For development activity involving improved property, such landscaping shall be required when the floor area of any existing building or structure, or parking areas, or any combination thereof, is increased as follows:

If the total of the existing area is increased ten percent or less, no additional landscaping is required.

If the total of the existing area is increased more than ten but less than 50 percent, such landscaping is required for that portion of the lot which is faced by the expanded area(s).

If the total of the existing area is increased 50 percent or more, such landscaping is required for the entire development.

The percentage of increase shall be calculated by combining all increases in interior floor area or parking area.

Authority. The landscape requirements set forth below shall be enforced by the building official, or his designee.

Acceptance of Landscape Plan.

Upon completion of the installation of landscaping on a development site, the building official or designated representative shall inspect the site for conformance with the adopted landscape plan.

The applicant must receive a sign-off on the installed landscape, in accordance with the approved landscape plan, from the building official prior to receipt of an occupancy permit.

If inclement weather prohibits completion of the landscaping during a given planting season and prior to issuance of an occupancy permit a petitioner may post a bond or establish a cash escrow for the value of the outstanding plant material and cost of labor to install such landscaping. The bond or escrow shall be held by the Village until such planting is completed to the satisfaction of the building official.

Upon completion of the landscaping the petitioner shall post a two-year letter of credit in amount of 125 percent of the total cost of landscape material for the first year, following Village acceptance of the installed landscaping to guarantee the maintenance and replacement of planting and landscaping materials shown on the approved landscape plan. Said letter of credit may be reduced to 25 percent of the total costs in the second year. The two year letter of credit shall be based on costs determined by a nursery and approved by the building official.

Standards.

Plant Variety. A minimum number of species of shade trees and a minimum number of species of shrubs may be required on each parcel in order to provide visual diversity, seasonal interest and to reduce the chance for extensive plant loss as a result of insect infestation and the spread of disease within a given species. The quantities of species shall be as follows:

Size of Parcel (acres)	Quantity of Shade ^* Tree Species ^**	Quantity of Shrub Species
0 up to but not including 1 acre	Not Applicable	Not Applicable
1 up to but not including 5 (e.g., convenience food store or small office building)	3	3
5 up to but not including 15 (e.g., small strip center or moderate size office building)	4	5
15 up to but not including 30 (e.g.major shopping center with large food store as primary anchor or large office building complex)	5	7

^* More species may be required by the village board for parcels over 30 acres.

^** On a site where ornamental or evergreen trees are used these species would be in addition to the minimum number of shade trees required.

Landscape Plan Submittal Requirements.

Landscape plans shall be submitted and approved for all projects requiring landscape plan review.

All residential developments shall require both a master landscape plan to be submitted for the entire site and a typical foundation landscape plan for each style of dwelling.

Elements of the Landscape Plan. All landscape plans shall include the following:

North arrow and scale. The scale shall be a minimum of one inch equals 50 feet for site landscape plans and one inch equals 20 feet for typical foundation landscape plans for multi-family developments. The scale of the landscape plan and the engineering plan shall be the same.

Date of preparation and revisions, and name of the preparer.

Topographic information and proposed grades, including the location and contour lines, at one-foot intervals, of all proposed berms.

Proposed and existing buildings, structures and pavements.

Existing and proposed utilities, above and below the ground.

Location, type, size, spacing, quantity _. and planting condition (balled and burlapped, bare root, etc.) of all proposed landscape materials (including trees, shrubs, ground cover, bulbs, wildflowers, prairie plants and mulch quantity and depth).

Common and botanical names of all proposed plant material.

Location, size and common and botanical name of existing vegetation to be preserved.

Symbols representing proposed plant material shall be drawn to scale showing the plants expected size five years from the date of planting.

Landscape features including retaining walls, fences, site furniture, lights, and paving.

Ground signs and lights.

Refuse disposal areas location(s) and an elevation of the screen(s).

Landscaping of tot lots.

Elevations, cross-sections, and other details determined necessary by the building official.

Substitutions and changes. Once a landscape plan has been approved and a building permit issued, the building official may authorize minor revisions to the approved landscape plan including the substitution of equivalent plantings and ground covers where such revisions do not diminish the benefits of the approved landscape plan. As such, revisions must be made in writing and will require the written approval of the building official. A revision shall be considered minor when there is no reduction in the quality of plant material, no significant change in size or location of plant material, and substitute Plants are of the same category (i.e., shade trees, ornamental, evergreen trees, large or small shrubs, groundcover, etc.) and have the same general design characteristics (mature size, spread, density) as the materials being replaced.

Selection, Installation and Maintenance of Plant Materials.

Selection.

(1)

Planting materials used in conformance with this Section shall be of specimen quality, shall have been grown in the same hardiness zone as Northeastern Illinois, and be capable of withstanding extremes of individual site microclimates.

(2)

Trees selected for planting shall be healthy, free of insects and diseases, and damage that would threaten the viability of the plant. Parkway trees and Parking lot trees shall have a minimum branching height of six feet above the ground to allow adequate visual and physical clearance.

(3)

All plant material shall comply with the provisions set forth by the American Standard for Nursery Stock, ANSI Z60.1-1980.

Plant Sizes. Unless otherwise specified, the minimum size for plant materials shall be as follows:

(1)

Shade trees: Three-inch caliper, measured six inches above the ground

(2)

Evergreen trees: Six feet in height

(3)

Ornamental trees:

(A)

Single trunk: Two-inch caliper, measured six inches above the ground

(B)

Multi-trunk: Six feet in height

(4)

Large shrubs: Thirty-six inches in height

(5)

Small shrubs: twenty-four inches in height

10.

Installation. All landscaping shall be installed according to the following requirements:

All plantings shall be installed in accordance with the I.D.O.T. Standard Specifications for Road and Bridge Construction, as amended from time-to-time.

Sodding. All unpaved areas in any development within a street right-of-way and all swales forming the drainage system for a parcel shall be sodded. All unpaved street right-of-way areas shall be sodded with a salt tolerant sod. In all commercial, office and industrial developments, a water supply for maintaining adequate moisture levels in the parkways shall be provided within at least 100 feet of all points within the parkway. Upon recommendation of the village engineer, the village board may require additional sodding of a lot to prevent soil erosion and blockage of drainage systems.

The planting season shall be approximately mid-March, or when the ground is thawed and workable, through approximately mid-November, or when the ground is frozen and unworkable. The unique transplanting characteristics of each plant shall be accounted for when planning planting times (e.g., evergreens transplant better in the fall than the spring).

The branches of deciduous trees and shrubs may be selectively thinned by up to one-third at the time of planting, to reduce stress from transplanting, in accordance with good horticultural practice; however, in no case shall trimming result in reducing the overall height of the plant below that specified on the approved landscape plan.

All trees and shrubs (excluding those on single-family lots) shall be mulched with a minimum four-inch depth of shredded hardwood bark or other mulch. All flower and groundcover beds shall be mulched with a minimum two-inch depth of shredded hardwood bark mulch or other mulch.

Landscape materials shall be selected and located so as to avoid obstructing visual or physical access to fire hydrants. Trees shall not be located closer than ten feet and shrubs shall not be located closer than five feet to fire hydrants, transformers or other above ground utilities.

All trees and shrubs shall be located in such a way that they do not obstruct views of vehicles and pedestrians at intersections, alleys, driveways, parking lots and sidewalks. In all cases trees shall be set back a minimum of ten feet from the edge of driveways.

11.

Maintenance. All landscaping shall be maintained as follows:

Responsibility. Unless such responsibility is apportioned differently by agreement of the owner and tenants, the owner shall be responsible for the maintenance, repair, and replacement of all landscaping materials and barriers as may be required by the provisions of this section.

Plant Material Maintenance. All plant materials shall be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. Plants shall be replaced as, necessary, and shall be kept free of refuse and debris.

All common landscaped open space areas maintained as part of a planned development or commercial or industrial development, by either homeowners association or property owner, shall be maintained in accordance with an approved maintenance plan and schedule.

12.

Penalty for Non-Compliance with Maintenance Standards. Property owners notified by the Village that their landscaping violates the provisions of this section shall be required to restore or replace the plant material within one growing season. Restoration or replacement of fences, walls and/or other barriers shall occur within nine months of notice by the Village. If the violation is not corrected within the given period of time, the property owner shall be subject to penalties as provided in this code.

13.

Selection of Plant Material. Plant material should be selected for its form, texture, color, and concern for its ultimate size and shape. A list of preferred and prohibited plant and tree species is available from the building official.

14.

Shade Trees. Shade trees shall have a minimum caliper of one and one-half inches at the time of planting, as measured six inches above the ground.

15.

Planting Trees Under Overhead Utility Wires. Plants located under overhead utility wires shall be selected for a mature height that is at least five feet less than the height of the wires.

16.

Energy Conservation. Deciduous trees are encouraged on the southwest and east sides of buildings to provide shade from the summer sun and evergreens are encouraged on the northwest-side of buildings to dissipate the effect of winter winds where practical.

17.

Preservation of Existing Plants. Existing plant material and other landscape features of a quality and of a size as required by this section shall be incorporated into the landscape treatment of a site and be developed according to the requirements set forth in this ordinance for Existing Tree Preservation.

18.

Berming. Earthen berms and existing topography should, wherever practical, be incorporated into the landscape treatment of a site. The maximum slope for any berm constructed on a site shall be four foot run: one-foot rise.

19.

Right-of-way Landscaping.

Applicability. Where a parcel abuts a dedicated public right-of-way, landscaping shall be provided in accordance with the provisions of this section.

Parkway Trees.

(1)

Quantity. Trees shall be planted on a maximum 40 feet and a minimum 25 feet spacing such that the total number of trees shall equal or exceed the ratio of one for each 35 feet of street frontage.

(2)

Spacing. Trees shall be planted in the parkway along all streets no closer than ten feet from driveways and 40 feet from the corner of an intersection as measured from the right-of-way lines extended. In addition, no trees shall be planted within ten feet of a fire hydrant or other above-ground public utility.

(3)

Exceptions. When conditions are such that the required spacing cannot be satisfied in the Parkway or, if in the opinion of the building official the Parkway is not wide enough to support tree growth, trees shall be planted inside the sidewalk line, subject to approval by the subject property owner.

(4)

Size. Trees shall have a caliper of not less than three inches as measured six inches above the ground, up to and including four inch caliper size, at 12 inches above the ground for trees larger in size.

(5)

Prohibited Species. Evergreen trees shall be prohibited in the public right-of-way.

20.

Sodding. The unpaved portion of a public right-of-way abutting a parcel shall be sodded with a salt tolerant grass.

21.

Method to Determine Future Use of Vacant Land. For the purposes of determining landscaping and buffering requirements of this section, whenever a site is adjacent to or across from vacant or undeveloped agricultural land, the method to be used to determine the future use of vacant land shall be as follows:

Incorporated Lands. The future use of land within the corporate limits of the Village of Gilberts shall be that as shown on the Village's official zoning map.

Unincorporated Lands. For properties not within the corporate limits of the Village of Gilberts, the future use of land shall be that as shown in the Village's Comprehensive Plan.

22.

Non-residential Parking Lot Landscaping.

Perimeter Parking Lot Landscaping.

(1)

Curbing. All parking lots shall have six-inch concrete curbs around the perimeter.

(2)

Front and Corner Side Yard Landscaping.

(A)

Across from Residential Property. Where a parking lot is located across a dedicated public right-of-way from property zoned for residential use, a continuous hedge shall be provided across 100 percent of the parking lot perimeter, exclusive of driveways to a minimum height of three feet. The shrubs shall be planted at a max mum of four feet on center. The shrubs shall be approximately 50 percent evergreen and 50 percent deciduous. In addition, a mix of shade, ornamental and evergreen trees shall be planted at the equivalent of one every 35 feet.

(B)

Across from Non-Residential Property.,Where a parking lot is located across a dedicated public right-of-way from property zoned for non-residential use, shrub clusters shall be provided across 50 percent of the parking lot, exclusive of driveways to a minimum height of the three feet. The shrubs shall be planted at a maximum of four feet on center. In addition, a mix of shade trees, ornamental or evergreen trees shall be planted at the equivalent of one every 50 feet.

(3)

Rear and Interior Side Yard Landscaping.

(A)

Abutting Residential Property. Where a parking lot abuts a property zoned for residential use, continuous landscaping shall be provided across 200 percent of the parking lot to a minimum height of six feet. plant material shall consist of approximately 50 percent evergreen plants and 50 percent deciduous material. Shrubs shall be spaced at a maximum of four feet on center. A solid screen may be achieved by clustering shrubs beneath shade or ornamental trees, by using evergreen trees, or any mix thereof, or by providing a six-foot high solid commercial grade wood fence along the length of the property with shade trees inside the fence at the equivalent of one tree every 50 feet.

(B)

Abutting Non-Residential Property. Where a parking lot abuts a property zoned for nonresidential use, landscaping shall be provided across 50 percent of the parking lot. Such landscaping shall include shrub clusters to a minimum height of three feet. The shrubs shall be Planted at a maximum of four feet on center. In addition, a mix of shade trees, ornamental or evergreen trees, shall be planted at the equivalent of one every 70 feet.

(4)

Sod, Seed and Ground Cover. Front and corner side yards shall be sodded or hydroseeded. Side and rear yards may be sodded or seeded.

23.

Interior Parking Lot Landscaping.

Islands.

(1)

The interior of parking lots shall be planted with shade trees at a ratio of one tree for every ten parking spaces or. fraction thereof. The shade trees shall be evenly dispersed throughout the parking lot. No shade trees shall be required on islands containing a light pole, but in no event shall islands containing light poles be counted toward fulfilling the required number of landscaped islands in a given parking lot.

(2)

The minimum area of a landscaped island shall be equivalent to the square footage of one parking stall. These landscaped islands shall have a minimum width of eight feet excluding curbs and shall he curbed with a six-inch wide barrier curb. Landscaped islands may be combined to create larger planting islands within parking lot.

(3)

The entire island shall be landscaped with live plant material, excluding mulch around the base of plants. Such live plant material may include small shrubs, flowers, groundcover or salt-tolerant sod. Seeding to establish turf in parking lot islands shall be prohibited. All plant material other than required shade trees shall be limited to a maximum mature height of two feet. Such plants shall be set back a minimum of 2½ feet from the curb to avoid damage from overhanging car fenders and doors.

(4)

Curbed planting islands shall be provided at the ends of each row of parking. These islands shall be equivalent to the square footage of one parking stall. These islands shall meet the same requirement as the other parking lot islands.

24.

Residential Landscaping.

Right-of-Way. The public right-of-way abutting single and multi-family residential uses shall be landscaped according to the requirements of this code.

Single and Multi-Family Sod, Seed and Groundcover Requirements. All residential front and corner side yards shall be sodded or hydroseeded. Side and rear yards may be sodded or seeded.

Multi-Family Perimeter.

(1)

Front and corner Side Yards. The front and corner side yards of multi-family uses shall contain a minimum of one shade tree per 50 feet of street frontage.

(2)

Interior Side and Rear Yards. The interior side _. and rear yards of multi-family uses shall contain a mix of shade, ornamental and evergreen trees with the equivalent of at least one per 50 feet and large shrubs to a minimum height of three feet along at least 30 percent of the yard. Shrubs shall be spaced at no more than four feet on center. The trees _. and shrubs may be clustered.

Multi-family Patio Screening. In multi-family developments where two patios are adjacent to one another, a hedge shall be provided along the common boundary of the two patios to a minimum height of three feet. The shrubs shall be selected for a mature height of at least six feet.

Multi-Family Driveway Plantings. In multi-family developments, the lawn areas between driveways of adjacent buildings shall include a minimum of one shade tree and a cluster of shrubs along at least 50 percent of the length of the adjacent driveways, spaced at no more than four feet on center. The shrubs shall have a minimum height of three feet at the time of planting.

Multi-Family Window to Window Views. Trees shall be required between multi-family buildings where two walls containing windows are opposite each other. A minimum of one tree (shade, ornamental or evergreen) shall be. required in such locations, and shall be situated to maximize privacy for the adjacent dwellings. Trees should be selected for a mature height equal to at least the height of the dwelling.

25.

Non-Residential Landscaping.

Right-of-Way. The public right-of-way abutting non-residential uses shall be landscaped according to the requirements of this code.

Front and Corner Side Yard Landscaping.

(1)

Across from Residential Property: A mix of shade trees, ornamental or evergreen trees, shall be planted at the equivalent of at least one every 35 feet.

(2)

Across from Non-Residential Property: A mix of shade trees, ornamental or evergreen trees shall be planted at the equivalent of one (1) every 70 feet.

Interior Side and Rear Yard Landscaping.

(1)

Non-Residential Use Abutting a Non-Residential Use. Where a non-residential use abuts a nonresidential use shade trees shall be provided at a minimum of one tree every 70 feet. The trees may be clustered. In addition, shrubs shall be provided along at least 30 percent of the length of the yard. The interior side and rear yards shall be sodded or seeded.

(2)

Non-Residential Use Abutting a Residential Use: Where a non-residential use abuts a property zoned for a residential use, continuous landscaping shall be provided across 100 percent of the yard to a minimum height of six feet. Plant material shall consist of approximately 50 percent evergreen plants and 50 percent deciduous material. Shrubs shall be spaced at a maximum of four feet on center. A solid screen may be achieved by clustering shrubs beneath shade or ornamental trees, by using evergreen trees, or any mix thereof, or by providing a six-foot solid commercial grade wood fence along the length of the property with shade trees inside the fence at the equivalent of one tree every 50 feet.

Sod, Seed, and Groundcover Requirements for All Yards. All non-residential front and corner side yards shall be sodded or hydroseeded. Side and rear yards may be sodded or seeded.

Building Foundations.

(1)

Foundation landscaping shall be provided on those sides of a building that faces a public right-of-way.

(2)

Foundation landscaping shall be located in a planting bed with a minimum width of five feet adjacent to the building.

(3)

The required foundation landscaping area shall contain all live landscaping except for mulch used at the base of the plants. The landscaped area shall be free of all paving except where sidewalks and driveways which lead directly into the building are necessary for ingress and egress. In no case shall the foundation landscaping area be reduced to extend across less than 50 percent of the building face due to said sidewalks or driveways.

(4)

The building foundation planting area shall contain 100 percent live landscaping except for mulch required at the base of the plants. At least 50 percent of the foundation planting area shall contain shrubs and small trees. The balance of the planting area may contain any mix of groundcover, perennial flowers, bulbs, ornamental grasses or sod.

(5)

At the discretion of the building official, the required foundation landscaping may be relocated elsewhere on site or provided in an alternative manner, such as through the use of above ground planters or boxes.

Loading Docks, Service Yards and Exterior Work Areas Adjacent to Non-Industrial Uses. Service yards, loading docks and exterior work areas adjacent to non-industrial uses shall be screened from view. They shall also be screened from view from the public right-of-way. The screening shall consist of either of the following:

(1)

Solid board constructed of commercial-grade wood or masonry wall, of a design approved by the Village, with a minimum height of six feet.

(2)

One hundred percent landscaping consisting of at least seventy-five percent evergreen plant material, to a minimum height of six feet.

Open Storage Yards for Industrial Uses Adjacent to Non-Industrial Uses. Open storage yards an industrial sites adjacent to non-industrial sites shall be screened on all sides by solid walls or fences (including solid doors or gates) and shall be at least eight feet tall, but in no case lower in height than the materials stored. If stored materials exceed eight feet in height, then landscaping shall be provided along the outside perimeter of that portion of the fence or wall visible from the adjacent non-industrial site or public right-of-way. The landscaping shall be in addition to the fence or wall. The installed height of the landscaping shall be equal to or greater than the height of the materials being screened.

26.

Miscellaneous Landscaping.

Retention and Detention Ponds.

(1)

Landscaping shall be provided around the perimeter of retention and detention ponds generally above the high water level. Only plants which are adapted to temporary flooding may be planted below high water level.

(2)

Landscaping shall be provided along a minimum of 30 percent of the share line of a retention or detention area. Such landscaping shall consist of at least 50 percent shade trees. The balance may be landscaped with any mix of ornamental and evergreen trees and shrubs.

Ground Level Air Conditioning Units and Mechanical Equipment. Ground level air conditioning units and other mechanical equipment shall be landscaped on all sides visible from the public right-of-way to a minimum height of 30 inches. The plants used shall have a mature height which will meet or exceed the height of the equipment which it is screening.

Satellite Dishes. The sides and rear of satellite dishes shall be screened from view from the public right-of-way and adjacent properties with a solid planting of evergreen trees to a minimum height of six feet.

Ground Signs and Ground Lights.

(1)

Ground Signs. The foundation of ground signs shall be planted with shrubs, groundcover, or perennial flowers. Plants shall be selected for a mature height which will not exceed that of the sign's message.

(2)

Ground Lights. The sides of ground lights for signs shall be screened from view of the public right-of-way with evergreen shrubs or groundcover to a minimum height equal to that of the light(s).

Refuse Receptacles. Refuse receptacles and waste removal areas shall be screened from view on three sides. The screening shall consist of a solid fence constructed of masonry, or commercial-grade wood fencing and shall be a minimum of six feet and a maximum of eight feet tall. Shrub and groundcover plantings' along such screens are desirable to help soften their appearance. Refuse receptacles shall be enclosed on the fourth side with a gate to contain trash or other debris. The gate side of the waste receptacle shall be oriented toward the interior of the site, i.e., toward the building and away from view from the public right-of-way and adjacent sites.

Tree Preservation.

Intent and Purpose. The purpose of this section is to conserve and protect the land, vegetation and other natural resources of Gilberts, while allowing for reasonable improvement of the land; and to take necessary measures to preserve and protect trees and other vegetation during all phases of site work. The preservation of existing trees in the Village is intended to accomplish, where possible, the following objectives:

To preserve trees as an important public resource enhancing the quality of life and the general welfare of the Village and enhancing its unique character and physical, historical, and-aesthetic environment;

To preserve the essential character of those areas throughout the community which are heavily wooded and in a natural state;

To enhance and preserve the air quality of the Village through the filtering effect of trees on air pollutants;

To reduce noise within the Village through the baffle and barrier effect of trees on the spread of noise;

To reduce topsoil erosion through the soil retention effect of tree roots;

To preserve and enhance nesting areas for birds and other wildlife which in turn assist in the control of insects;

To reduce storm water runoff and the costs associated with runoff through the water-retaining characteristics of existing woodlands and replenish ground water supplies; and

To protect and increase property values.

Applicability. The Tree Preservation regulations of this section shall apply to all lands in the Village unless expressly exempt.

No land shall be cleared of woods nor shall free-standing trees with a diameter at breast height (DBH) of six inches or greater be cleared and/or removed without a Tree Removal Permit issued by the building official unless exempt from regulation under this section.

Clearance and removal of trees shall mean, but not be limited to, damage inflicted to the root system by machinery, storage of materials and soil compaction, changing the natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; excessive pruning; excessive thinning; paving with concrete, asphalt or other impervious materials within such proximity as to be harmful to the tree.

No Site Work shall occur without a Tree Survey and a Tree Removal Permit.

No building permit, grading plan, or erosion and sediment control permit shall be issued for the construction, alteration or addition to a building or the grading or alteration of the land surface without the conformance to these Tree Preservation provisions.

No Tree Removal Permit shall be issued for any parcel of land or development, which requires an approved site plan until a site plan including a Tree Survey and Preservation Plan is submitted to and approved by the village.

No Tree Removal Permit shall be issued for any parcel of land or development, which requires a Subdivision Plan approval, until a Preliminary Subdivision Plan is approved by the village.

Vegetation Requiring Preservation.

Existing trees shall be preserved as follows:

(1)

Free-Standing Trees. All Free-Standing Trees located outside of any grove of trees with a diameter of six inches or greater at 4½ feet above the ground (i.e., diameter at breast height - DBH) shall be preserved to the greatest extent possible. Additionally, a lesser sized tree can be considered a specimen if it is a rare or unusual species, or of exceptional quality. If existing trees can not be preserved they shall be transplanted where feasible. Generally trees over seven inches in caliper should not be transplanted.

(2)

Woodlands. Existing woodlands shall be protected as open space according to the following sliding-scale criteria: Ten percent minimum retention of total woodlands on a site in commercial and industrial districts; 20 percent in high-density residential (R-3 and R-4); and 20 percent in medium-density residential areas (R-2) and 50 Percent retention on large-lot residential lots (R-1). A woodland(s) shall be measured by drawing a line around the Critical Root Zone of all trees on the outer edge of the woodland(s) and measuring the area contained within that envelope. Where more than one woodland exists on a site the areas as defined above shall be added together to obtain the total from which to calculate the percentage of woodlands required to be retained.

Priority Save Areas. Wooded 100-year floodplains, wooded wetlands, wooded stream corridors, and steep wooded slopes shall be considered priority save areas to help prevent erosion and protect wildlife. Preservation of priority save areas shall not be counted toward meeting the requirements of this section.

Credit for Preserved Trees. All preserved trees and vegetation and transplanted trees shall he credited toward meeting the landscaping and screening requirements for the applicable portion of a site.

Plan Submittal and Approval.

Submittal Procedures.

(1)

For any parcel of land that requires site plan or subdivision plat approval containing free-standing trees which have diameters greater than six inches or woodlands, a Tree Survey and Tree Preservation Plan must be submitted at the time of application for concept plan/plat approval. The Tree Survey and Tree Preservation Plan shall be reviewed by and approved by the village.

(2)

Prior to issuance of a building permit for development activities covered by this section, the protection and management of all .protected landscape elements identified on the Tree Preservation Plan will be subject to review by the village and the petitioner must designate one or more persons on the petitioner's development team as "Tree Preservation Supervisor(s)."

(3)

Tree Surveys and Tree Preservation Plans shall be prepared by qualified professionals, including landscape architects and arborists. The development applicant must designate a Tree Preservation Supervisor who must have training in landscape preservation techniques and take responsibility for ensuring the protection of existing trees during construction.

Tree Survey. The Tree Survey shall include the following:

(1)

A scale at a minimum of 1' = 50' and a north arrow.

(2)

All existing buildings, structures and paved areas.

(3)

The location, species (common and botanical), size and condition of each Free-Standing Tree over, six inches DBH.

(4)

Delineate stands of natural woodlands by a circumferential line around all stands of trees with similar characteristics, such as tripe or species, defined as areas which include the outer perimeter of the Critical Root Zone of the individual trees. A notation shall be included which indicates the range of height and DBH of the trees within the areas, the predominant species within the area, and the general health of the trees.

(5)

Trees noteworthy due to size, age, historic, cultural or aesthetic value.

(6)

Name and address of the preparer and the date prepared.

Tree Preservation Plan. The Tree Preservation Plan shall include the following information:

(1)

A scale at a minimum of 1'= 50' and a north arrow.

(2)

The footprint of any existing and proposed buildings, structures Paving and any other facilities.

(3)

The location, species (common and botanical), size and condition of each tree to be preserved, transplanted or removed for all trees with a DBH of six inches or greater.

(4)

Delineate stands of natural woodlands by a circumferential line around. all stands of trees with similar characteristics, such as type or species, defined as areas which include the outer perimeter _. of the Critical Root Zone of the individual trees. A notation shall be included which indicates the range of height and DBH of the trees within the areas, the predominant species within the area, and the general health of the trees.

(5)

The location and type of protective tree fencing (orange snow fence or red picket construction fence).

(6)

Proposed grading and site chances around trees to be preserved and any proposed retaining walls.

(7)

A statement concerning where and how deliveries for construction purposes are to be made to the site.

(8)

Name and address of preparer and date of preparation.

(9)

A panoramic photographic survey of all freestanding trees outside of a woodland with a six-inch DBE and the perimeter of all woodlands to be preserved, with corresponding labels on the Tree Preservation Plan indicating where each photo/panoramic elevation was taken.

(10)

A utility trenching plan containing the following information: all storm drains, sewers, easements, area drains, gas lines, electrical service, cable TV and water mains. Additionally, the plan must show all lateral lines serving structures. The plan should be developed to avoid going into the Critical Root Zone of any tree on its path from the street to a building. Where it is not possible to avoid some encroachment, the design must minimize the extent of encroachment.

Issuance of Tree Removal Permits.

Criteria for Tree Removal. Unless otherwise specifically authorized in this Code, it shall be unlawful for any person without a written Tree Removal Permit from the Village to remove, injure, destroy, or undertake any procedure the result of which is to cause the death or substantial destruction of any tree having a diameter of six inches DBH or larger, or having an aggregate diameter of ten inches DBH or larger (i.e., clump trees). Tree Removal Permits authorizing the removal of such trees may be issued by the building official for, but not necessarily limited to those below. Any petition for a Tree Removal Permit associated with a site plan approval or subdivision approval shall require review by the plan commission and approval by the village board.

Criteria:

(1)

The tree is dead or dying;

(2)

The tree is diseased;

(3)

The tree is damaged or injured to the extent that it is likely to die or become diseased, or that it constitutes a hazard to persons or property;

(4)

Removal of the tree is consistent with good forestry practices;

(5)

Removal of the tree will enhance the health of remaining trees within the immediate vicinity;

(6)

Removal of the tree will avoid or alleviate an economic hardship or hardship of another nature on the lot or residence located on the lot as approved by the village board.

Tree Removal Permit When a Building Permit is Sought. In the event a Tree Remover Permit is sought in connection with construction requiring a building permit, the application shall be accompanied by

(1)

A Tree Removal Permit fee in the amount set forth in chapter 4 of title 2 of the code;

(2)

A Tree Survey of the lot prepared in conformance with the requirements of this section;

(3)

A Tree Preservation Plan in conformance with the requirements of this section; and

(4)

A report from a certified arborist, if required by the building official.

Tree Removal Permit When No Building Permit is Sought. In the event a Tree Removal Permit is sought in connection with work for which no building permit is required, there shall be no charge for the permit. The application for the Tree Removal Permit shall contain:

(1)

Name and address of applicant;

(2)

Commonly known address of lot or property where tree or trees sought to be removed are located;

(3)

A written statement indicating the reason for removal of the tree or trees;

(4)

A general description of the tree or trees to be removed, including species and size; and

(5)

Name and address of contractor or other person who is proposed as having responsibility for Tree Removal.

Fees. A fee shall be paid for permit processing, site inspections, and anneals based on the size of the site. Government agencies shall be exempt from paying such fees. Fees shall be waived in the case of a permit to remove a tree deemed to be damaged or diseased. All fees and fines from protection and planting programs shall be deposited in a Tree Preservation Account. This fund shall be separate from the general fund and shall be used only for tree planting on public property.

Tree Protection During Construction. During construction, all reasonable steps necessary to prevent the damaging or destruction of trees (other than those specified to be removed) shall be taken, including, but not limited to the following:

No construction activity, movement and/or placement of equipment or material or spoils storage shall be permitted outside the building activity area or within the tree preservation area and no excess soil, additional fill, liquids, or construction debris shall be placed within the Critical Root Zone of any tree that is required to be preserved; nor shall storage of hazardous chemicals occur within 100 feet of a protected tree.

Unless otherwise authorized by a Tree Removal Permit, no sail is to be removed from within the Critical Root Zone of any tree designated for preservation;

Within a designated preserved woodland a property owner or builder may clear underbrush inside the woodland boundary line for the purposes, of removing trees and other undesirable vegetation, consistent with good forestry practices, subject to the Critical Root Zone Protection requirements in this section, and the approval of the building official or his designee.

Prior to commencing any grading or construction activity on a site, the developer shall tag the trees that are intended for removal.

The following guidelines shall apply to site grading:

(1)

Building elevations and street elevations shall minimize the change in existing natural grade of yards.

(2)

Storm and sanitary sewers should be located and elevations set in a manner that requires a minimum of regrading and tree removal.

(3)

Tree retaining walls shall be required if grades will be lowered by more than 12 inches to create level ground for road or building construction nearby. These walls shall be used to protect roots from exposure and damage. If grades are to be raised around a tree by filling with new dirt, a dry wall around the base of a tree shall be provided to allow infiltration of water and air and drainage tiles shall be provided to facilitate drainage away from the trunk and to avoid smothering the roots. Light ^- porous materials shall be used for fill material.

Where possible, no digging or trenching shall take place within the established Tree Preservation Area. If there is no alternative, certain precautions shall apply: (1) trenches shall be no closer to the trunk than half the distance of the Critical Root Zone area; (2) roots shall be cut with sharp instruments to reduce the potential damage to the tree; and (3) the trench shall be backfilled within the shortest amount of time possible and the soil shall not be compacted.

Appropriate protective fencing shall be temporarily installed to protect remaining trees. Trees to be saved in any development shall be surrounded by orange plastic or red picket snow fencing placed outside the Critical Root Zone. The area within this fence shall be known as the Root Preservation Zone. The snow, fencing shall be secured in place by pasts spaced six feet apart and sunk two feet into the ground with a minimum aboveground height of four feet.

All required protective fencing or other physical barriers must be in place and approved by the village prior to beginning construction; such fencing must remain in place during the entire construction period to prevent the impingement of construction vehicles, materials, spoils, and equipment into or upon the Tree Preservation Area; and should not come down until all construction is completed and equipment and materials and debris have been moved off site.

No attachments, signs, fences or wires, other than those approved for bracing, guying or wrapping trees, shall be attached to trees during the construction period; and

Other _, measures such as construction pruning and root .pruning of trees directly effected by construction must also be indicated on the plan.

Trees must also be fertilized to aid in the recovery from possible construction damage.

Periodic photo surveys maybe required at the discretion of the building official during and after construction completion to document that appropriate tree preservation techniques were observed.

The following guidelines shall apply transplanting:

(1)

Trees may be transplanted with a tree spades truck or be hand dug. The following procedures shall be followed for hand digging: tree balls shall be hand shaped, burlapped, and tied with twine to provide maximum protection to the root system structure. A ball chain shall be used to remove a hand dug ball from the hole.

(2)

One-third to one-half of the vegetative growth shall be pruned from the top of the tree Prior to transplanting or stockpiling, to balance root loss.

(3)

If transplanted trees will be stockpiled they shall be set far enough apart to allow for air circulation. The balls will be covered with mulch. The root balls will be watered regularly and fertilized as needed.

(4)

Upon planting, all trees shall be given the same orientation to the sun as they maintained in their previous location. The trunks should be marked with paint, indicating which side faced north, in its original location, prior to relocation.

Tree Replacement. In the event that a tree or trees designated for preservation on an approved Tree Preservation Plan are severely damaged, destroyed or removed they shall be replaced upon notice by the building official at the rates specified in "d" below.

All trees planted to meet the tree replacement requirements of this ordinance shall be common and native to northeastern Illinois and to the specific existing plant community found on the site. The tree replacement species are subject to the approval of the building official or designee.

Replacement trees shall be located close to the damaged or removed trees. If this is not feasible, an alternate location shall be approved by the building official.

In the event that the building official determines that full replacement would result in the unreasonable crowding of trees upon the lot, the cash value of the outstanding trees including the cost of the tree and labor to install, as determined by the building official, shall be placed in the Tree Preservation Fund, for use on public lands.

Tree replacement schedule:

DBH/Caliper of Existing Trees in inches	Minimum Caliper of Replacement Trees^**(See footnotes)
6—10/7—11	3-inch
11—15/13—17	3-inch
16+/18+23	4-inch

^* The number of replacement trees required will vary depending on the size of the existing tree(s). The petitioner has the option to use fewer but larger replacement trees than specified here subject to approval of the building official.

The caliper of a tree can be estimated by taking the DBH and multiplying by a factor of 0.15.

^** In each case the combined calipers of the replacement trees shall equal the calipers of the existing tree(s) which they are replacing. For existing trees, in the event of a fraction of an inch, if the fraction is less than one-half inch, the lower full number shall be used. If the fraction is one-half inch or greater, the higher number shall be used.

Exemptions. The following activities and properties are exempt from the Tree Preservation regulations and no Tree Removal Permit is required:

Developments of one acre or less.

The removal of a dead, diseased or damaged tree.

The removal of trees in time of an emergency or when they pose potential danger to life or property.

Removal of a tree by an individual homeowner on a privately owned lot.

The removal of trees necessary for the construction, operation and maintenance of drainage facilities, sanitary and storm sewers.

The removal of trees for construction of public roadways and associated improvements.

The removal of trees required for the installation, maintenance and repair of underground and overhead utilities.

Emergencies. In order to avoid danger or hazard to persons or property, during emergency conditions requiring the immediate cutting or removal of a tree or trees protected hereunder a Tree Removal Permit shall be issued by the building official upon notice by the person removing the tree, and without submittal of a formal application. In the event of such an emergency, if neither the building official nor a designated representative are available to issue a Tree Removal Permit, it shall be lawful to proceed with the cutting of the tree or trees to the extent necessary to avoid immediate danger or hazard. In such event the person causing the cutting shall report the action taken to the building official within 48 hours thereof.

10.

Stop Work Order. If, in the opinion of the building official, the necessary tree preservation precautions as specified in this Zoning Ordinance were not undertaken before construction commenced or are not maintained at any tine during construction, a Stop Work Order shall be issued by the building official until such time as the permittee complies with these precautions. The penalty provisions of this code will apply.

11.

Penalties. In the event of violation of this section, shall be subject to such fine or other penalty as provided for in this code.

12.

Tree Preservation Escrow.

Tree Preservation Escrow shall be provided by the permittee to insure the installation, maintenance, and adequate performance of preservation measures on a project. These measures include installation of tree protection devices during construction; repair of damaged trees; removal of dead, dying, or hazardous trees; and planting of replacement trees. If the agreed-upon measures are not complied with, the Village can use the funds to perform the work. On completion of the installation of vegetation, the permittee shall post a two year letter of credit in the amount of 125 percent of the total cost of landscape material for the first year, following Village acceptance of the installed landscaping, to guarantee the maintenance and replacement of planting and landscaping ^- materials shown on the final development plan. The letter of credit may be reduced to 25 percent of total costs in the second year. The amount of the letter of credit shall be based on costs determined by a plant nursery and approved by the building official.

Definitions.

Berm means a hill or contour of land that acts as a visual barrier between a lot and adjacent properties, alleys, or streets.

Caliper means a measurement of a tree equal to the diameter of its trunk measured six inches above natural grade for trees having calipers less than or equal to four inches in diameter; and measured 12 inches above grade for tree calipers greater than four inches in diameter.

Critical root zone means the area inscribed by an imaginary line an the ground beneath a tree having its center point at the center of the trunk of the tree and having a radius equal to one foot for every inch of DBH and shall extend five feet below surface ground level.

Diameter at breast height or DBH means the diameter of a tree measured at 4½ feet above the existing grade at the base of the tree.

Deciduous plant means a plant which sheds its foliage at the end of the growing season.

Evergreen plant means a tree or shrub whose foliage persists year round. The plant may be a cone and needle bearing plant (i.e., pine, spruce, etc.) or a broadleaf plant (i.e., a rhododendron, holly, etc.)

Free-standing tree means an existing tree with a DBE of six inches or greater that is located by itself outside of any woodlands on a site.

Opaque means when describing a landscape buffer: a dense, solid mass of plantings obstructing the view of uses on the other side of the buffer.

Remove or removal means the causing or accomplishing of the actual physical removal of a tree, or the effective removal through severe pruning, damaging, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a tree.

Shrub, evergreen means an evergreen plant with an expected mature height of not more than 15 feet, with either a single or multiple primary trunks.

Shrub, large means Deciduous or evergreen woody plant with an expected mature height of not less than five feet, and generally not more than 15 feet, with multiple trunks or multiple leaders.

Shrub, small means deciduous or evergreen woody plant with an expected mature height of less than five feet with multiple trunks or multiple leaders.

Site work means the performance of any building or mining operation, the making of any material change in the use or appearance of any structure or land, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, as well as demolition of a structure or removal of trees and other vegetation. Also, any clearing, excavating, grading, trenching, filling or similar land-disturbing activities.

Swale means a topographical indentation which channels periodic water runoff.

Tree, evergreen means an evergreen plant with a single trunk and an expected mature height of 30 feet or more and expected spread of 20 feet or more.

Tree, ornamental means a deciduous, woody plant with an expected mature height of 15 to 35 feet, and possessing either a single trunk or multiple trunks.

Tree preservation area means that area of a lot or parcel of land within which all trees and shrubs shall be protected.

Tree preservation fund means a fund established by the Village for collecting all fees issued for unauthorized Tree Removal and for collecting cash equivalents for replacement trees which in the opinion of the building official will not fit in. a given location. These funds shall be used for the expressed purpose of purchasing and planting trees on public land within the Village.

Tree preservation plan means a written plan having text and/or graphic illustrations indicating the methods which are to be used to preserve existing trees during construction.

Tree preservation supervisor means a member of the applicant's development team who is a professional landscape architect or arborist with training in tree Preservation techniques. This person shall take responsibility for ensuring the protection of existing trees designated for preservation, during construction.

Tree removal permit means the permit required by the tree preservation regulations to be issued in order to remove any tree within the corporate limits of the Village.

Tree, shade means a deciduous tree with an expected mature height of 35 feet or with a single straight trunk.

Tree spade truck means a truck with a cone-shaped appendage specifically designed for digging established trees for the purpose of transplanting.

Tree survey means a written plan having text and/or graphics indicating the location, size, species and condition of all existing free-standing trees with a caliper of six inches or greater and the boundary line, variety of species, range of sizes and condition of trees within a wooded area.

Vehicular use area means all areas used for the display or parking of four or more vehicles, including boats and heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not (i.e., trailers), and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to driveways, parking lot aisles, drive-through window lanes, stacking areas for car washes and gas stations.

9-5. - Exterior lighting.

Purposes. The regulations established in this section are designed and intended to prevent excessive spillover of light and glare from the zoning lot on which the light source is located. The standards are deemed to be the minimum standards necessary to prevent nuisance and adverse impacts on the public health, safety and welfare. The provisions shall not apply to village-owned and operated lighting and facilities or to street lighting.

Provisions.

Spillage from Exterior Lights. All exterior lighting used in any district shall be shaded, shielded or directed to limit spillage of light onto adjacent properties. Maximum horizontal foot-candles as given off by lighting on the neighboring property as measured at the property line of residential districts shall not exceed two foot candles.

Prevention of Direct Glare. All exterior lighting shall be arranged to prevent direct glare of beams onto any residential or institutional property by the use of luminaire cutoffs.

Heat from Lighting Fixtures. No heat from operations or processes of lighting fixtures shall be sensed at any lot line to the extent of raising the temperature of air or materials more than five degrees fahrenheit.

Hazardous Lighting. Any lighting, illumination or signage that is determined to be a hazard to public health, safety and welfare or a nuisance to surrounding or existing properties as deemed by the village building inspector shall be in violation of this chapter.

Approval of Exterior Lighting Plan. Any time exterior lighting is to be installed or substantially modified in any manner, an exterior lighting plan may be required by the Zoning Administrator for approval, prior to the implementation of any installation or modification.

Submit the following information:

(i)

Lighting layout.

(ii)

Photometric data.

(iii)

Photometric computation for entire site, including adjacent property lines.

(iv)

Pole and luminaire manufacturer data.

Submitted information to be reviewed by the village building official.

Enforcement. The Zoning Administrator shall enforce the provisions of this chapter. Upon certification of a violation, enforcement and penalty provisions shall prevail. In addition, the Village may require that the offending party install, maintain and operate continuous measuring or recording instruments to demonstrate the operation of lighting fixtures and to ensure continuous compliance with the prescribed standards.

Gilberts City Zoning Code

CHAPTER 9

SITE DEVELOPMENT REGULATIONS

9-1.- Parking and loading.

General Requirements for Parking and Loading Facilities.

Applicability to Existing, New, and Expanded Uses.

General Applicability. Except as expressly provided otherwise in this code, the provisions of this section shall apply to all existing and new uses, in accordance with the provisions of this code.

Location of Required Parking Spaces.

Off-street parking may be located in a required yard subject to section 8-9 of this code.

Surface. All new parking lots shall be constructed with a paved surface.

Drainage. All off-street parking areas shall be graded to ensure proper drainage.

Design.

(1)

(2)

Ingress/Egress. Except in a residential district, each parking garage, area, lot, or structure shall be designed to avoid the backing of vehicles over a sidewalk or into a public street.

(3)

(4)

(5)

TABLE 1: Parking Module Dimensions (See Graphic in Appendix)

Angle (in degrees)	Minimum Stall Width (A)	Vehicle Projection (B)	Aisle Width (C)	Module Width (D)	Interlock Reduction (E)	Bumper Overhang (F)
30	9.0'	17.0'	12.0'	46.0'	2.7'	1.8'
45	9.0'	17.5'	13.0'	48.0'	2.0'	2.0'
50	9.0'	18.0'	14.0'	50.0'	1.8'	2.1'
55	9.0'	18.5'	14.5'	51.5'	1.6'	2.2'
60	9.0'	19.0'	16.0'	54.0'	1.3'	2.3'
65	9.0'	19.0'	16.5'	54.5'	1.2'	2.3'
70	9.0'	19.5'	17.5'	56.5'	1.0'	2.4'
75	9.0'	19.0'	19.0'	57.0'	0.7'	2.5'
90	9.0'	18.5'	24.0'	61.0'	—	2.7'
Parallel	9.0'	23.0'	12.0'	30.0'	—	—

Screening. All parking lots and garages must comply with the screening and landscaping regulations set forth in section 9-4 of this code.

Lighting. All exterior lighting of parking spaces and areas must comply with the lighting regulations set forth in section 9-5 of this code.

Maintenance. All parking garages, areas, lots, and structures shall be properly maintained at all times.

Required Spaces.

USE	REQUIRED SPACES
a. Residential Uses
Single-family Dwelling	2 spaces per dwelling unit
Multiple Family Dwelling	2 spaces per dwelling unit, plus 1 guest parking space for each 20 required parking spaces
b. Assembly and Institutional Uses
Assembly Uses, including religious facilities, amusement, cultural, recreational, and entertainment uses, and clubs, lodges, and fraternal organizations	1 for each 3 persons, based on maximum capacity
Colleges, Universities, Trade Schools and Vocational Schools	1 for each 3 students, based on maximum student capacity, plus 2 spaces for each 3 employees
Elementary and Junior High Schools	2 parking spaces for each classroom, unless parking for a place of assembly that is equal to or exceeds classroom requirement is provided
High School	1 parking space for every 3 students, based on maximum student capacity, plus 2 spaces for each classroom, unless parking for a place of assembly that is equal to or exceeds classroom requirement is provided
Theaters	1 parking space for each 4 seats
c. Health, Medical, and Care Facilities
Nursing homes and convalescent centers	1 for every 4 beds, plus 2 spaces for each 3 employees
Health Treatment Centers	6 parking spaces for every 1,000 square feet of net floor area
Hospitals	1 parking space for each 2 beds, plus 2 spaces for every 3 employees
Medical Offices and Laboratories	6 parking spaces for every 1,000 square feet of net floor area
Nursery Schools and Day Care Centers	3 parking spaces for every 1,000 square feet of floor area
d. Retail and Service Uses
All retail and service uses not otherwise listed below	6 parking space for every 1,000 square feet of net floor area
Appliance and Furniture Stores	1 parking space for every 250 square feet of net floor area
Auto Repair and Body Shop	4 parking spaces for each service bay, plus 1 space for each employee
Automobile Service Station	2 parking spaces for each island of pumps, plus 4 spaces for each service bay, plus 1 space for each employee
Automobile Sales	6 parking spaces for each 1,000 square feet of net showroom floor area, plus 1 space for each employee, plus 3 spaces for each service bay
Banks and other Financial Institutions	6 parking spaces for every 1,000 square feet of net floor area, plus 6 stacking spaces for each drive-through window up to a maximum of 20 stacking spaces
Bars and Taverns	18 parking spaces for each 1,000 square feet of net floor area
Restaurants, sit down (with or without carry-out)	18 parking spaces for each 1,000 square feet of net floor area
Restaurants, carry-out only	8 parking spaces for each 1,000 square feet of net floor area
Car Wash	1 parking space for each employee, plus 6 stacking spaces
Drive-Through Establishment	6 stacking spaces for each drive-through window or facility up to a maximum of 20 stacking spaces
Hotels and motels	1 parking space for each lodging room, plus 1 additional space for each employee. Additional parking spaces are required for other facilities, such as bars and restaurants
Funeral Homes	1 parking space for every 50 square feet of net floor area
e. Office and Professional Uses
Professional offices less than 50,00 square feet of net floor area	6 parking spaces for each 1,000 square feet of net floor area for the first 4,000 square feet, and 4 spaces for each 1,000 square feet of net floor area thereafter
Professional offices 50,00 square feet of net floor area and larger	4 parking spaces for each 1,000 square feet of net floor area
f. Industrial and Manufacturing Uses
Manufacturing, Processing, Assembly, and Packaging	2 parking spaces for each 1,000 square feet of net floor area
Warehousing and Distribution	1 parking space for each 1,000 square feet of net floor area
g. Other Uses Not Specifically Listed
	Parking spaces shall be provided on the same basis as required for the most similar use, as determined by the Zoning Administrator