Any lot of record as of the effective date hereof that is located in a residential district and that does not meet the requirements for area and/or width herein may be used for single-family residence; provided, that the use conforms with all other requirements of the applicable zoning district. (Ord. 99-02, 1-7-1999)

The use of land located within floodplains is regulated by title 13, chapters 1 and 2 of this code, in addition to the requirements herein. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

The development of air rights shall be a conditional use in all zoning districts and subject to all other requirements of the zoning district applying to the land below as well as to the procedures and criteria governing conditional uses. (Ord. 99-02, 1-7-1999)

Except within planned unit developments, integrated shopping centers subject to conditional use procedures or public and institutional buildings districts, no more than one principal building or use shall be permitted on any lot in any zoning district. (Ord. 99-02, 1-7-1999)

   A.   Lots Abutting Regional Arterial Streets: In subdivisions created after the effective date hereof in residence districts, lots abutting a regional arterial street shall not have direct access to the arterial. Lots shall front upon and have access only to existing or new collector or local streets, and not to an arterial, except where the Planning and Zoning commission determines this to be impractical. Regional arterial streets shall be as designated in the village official comprehensive plan.

   B.   Exceptions To Arterial Lot Dimensions: The following lots are exempt from special required minimum lot widths and front or corner side yard depths along arterial streets, as designated in the village official comprehensive plan, provided in the regulations for individual zoning districts:

      1.   Existing lots of record as of the effective date hereof.

      2.   Lots subdivided after the effective date hereof that meet any of the following conditions:

         a.   The only access to the lot is from public streets or public access drives that are not arterials, do not primarily serve a residence area, and are either already in existence or have been planned and approved by the village.

         b.   The only access to the lot is from curb cuts provided jointly with one or more other lots.

            (1)   Where such lots are part of the same subdivision, the curb cuts shall meet all Village requirements.

            (2)   Where such lots are not part of the same subdivision, Village requirements shall be met to the extent possible, and the total number of curb cuts shall not be increased.

         c.   The only access to the lot is ultimately to be provided from a frontage road planned and approved by the Illinois Department of Transportation, the County, or the Village and where right-of-way adjacent to the lot has been dedicated totaling one hundred feet (100') from the centerline of the arterial or such lesser distance equaling or exceeding fifty feet (50') as the Village may approve. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2023-53, 9-7-2023)

   A.   Compatibility:

      1.   Accessory uses and/or structures shall only be allowed, and must be compatible with, the principal use and/or structure on which they are located and allowed pursuant to the underlying zoning district.

      2.   Accessory uses and/or structures shall not be established prior to the establishment of the principal use and/or structure, and shall not be allowed to remain after the removal of the principal use and/or structure.

      3.   Where an accessory structure is attached to a principal structure, it shall be subject to, and must conform with all regulations of this chapter applicable to the principal structure.

      4.   The keeping, caring and/or husbandry of farm animals, poultry, pigeons or livestock shall not be an allowed accessory use.

   B.   Location:

      1.   Accessory uses and/or structures shall only be allowed within the ards specified in Table 4-1 of this Chapter.

   C.   Standards:

      1.   All accessory uses shall conform to the standards as set forth in Table 4-2 of this Chapter.

      2.   Except as noted in Table 4-1 of this Chapter, an accessory structure shall only be located in the rear yard.

      3.   Unless listed as a permitted obstruction as set forth in Table 4-1, an accessory structure may not go beyond the building line established for the principal building.

      4.   Private driveways shall adhere to the standards set forth in Section 11-5-7D-2.

      5.   Accessory structures may not be located within an easement, unless all applicable utility companies grant approval and said structure must conform to the bulk standards as outlined in Table 4-2.

   D.   Dish Antennas (Earth Stations):

      1.   Any satellite dish antenna shall be treated as a permitted use in any Residential Zoning District, subject to the following requirements:

         a.   The satellite dish is installed on the roof of a building, is not larger than forty inches (40") in diameter, does not front on a street, does not project more than two feet (2') above the highest point of the roofline, and is of a color which blends with the roof. No more than one roof mounted antenna is allowed per principal structure.

         b.   The satellite dish is installed on the ground, on a pad, or any other structure besides a building, is not larger than forty inches (40") in diameter, is located between the principal structure and the rear lot line, and has a maximum height not exceeding six and one-half feet (61/2') above the ground. No more than one ground mounted antenna is allowed per zoning lot.

         c.   The satellite dish is installed on a building in a location other than the roof, is less than forty inches (40") in diameter, is a neutral color, and is not located on a facade which fronts on a street. No more than one wall mounted antenna shall be allowed per principal structure.

      2.   Any satellite dish antenna less than eighty inches (80") in diameter shall be treated as a permitted use in any Nonresidential Zoning District.

      3.   Any satellite dish which fails to meet the requirements of this subsection shall be deemed to be a conditional use, subject to the requirements of chapter 3, article C of this title.

   E.   Other Television Or Radio Towers Or Antennas: Other radio or television towers or antennas as accessory uses shall not have an antenna height exceeding fifty five feet (55'), shall not be more than three feet (3') from the principal building, and shall not be so positioned as to be a hazard to any utility line.

   F.   Decks, Patios, Porches, Gazebos, Sheds, and other related structures:

      1.   Shall be subject to the requirements set forth in of Tables Table 4-1 and 4-2.

      2.   Arbors, pergolas and trellises, or a shed/storage unit box that is less than fifty (50) square feet in area and six (6) feet in height may be located closer than five (5) feet to a principal structure and shall continue to be considered an accessory structure.

      3.   No open or covered porch shall cover and/or extend more than twenty (20%) percent of the front or corner side yard.

      4.   Playhouses, sheds and gazebos shall not exceed a maximum area of two hundred (200) square feet.

   G.   Dog Runs: No more than one enclosed dog run, as defined in section 11-2-2 of this title as "dog run, enclosed", shall be permitted on any lot in a Residence District. The fence enclosing the run shall be an open fence, as defined in section 11-2-2 of this title as "fence, open", a maximum of eight feet (8') in height and fifty feet (50') in total length on all sides and shall be located at least ten feet (10') from all lot lines.

   H.   Garages and Carports:

      1.   Only one (1) detached or attached garage shall be allowed per lot and shall provide a minimum of two (2) side-by-side parking spaces is required for each dwelling unit, except a lot containing an attached car port may also have a detached garage.

      2.   A detached garage shall not exceed a maximum area of seven hundred twenty (720) square feet.

      3.   A detached garage shall be subject to the requirements of Tables 4.1 and 4.2 herein.

      4.   Where a detached garage/carport is located in the rear yard, the driveway shall be constructed of a hard surfaced, all-weather, dustless material such as asphalt, blacktop, brick or concrete (gravel, asphalt shavings and other similar materials shall be prohibited), and subject to the driveway standards as set forth in Section 11-5-7 herein.

      5.   No attached garage may be converted to living area unless:

         a.   A detached garage, compliant with the standards set forth herein, is built concurrently with the conversion; and

         b.   That the existing driveway in front of the converted attached garage is removed and replaced with a modified driveway designed to access the required detached garage.

   I.   Skateboard Ramps: "Skateboard ramps", as defined in section 11-2-2 of this title, must meet the following guidelines:

      1.   Area And Height: The structure may not exceed one hundred twenty (120) square feet in floor area and thirty inches (30") in height.

      2.   Prohibited Location: The structure may not be located in a required rear or side yard setback area or be located in any area between the front building line of a residential structure and the front property line.

      3.   Location In Relation To Adjacent Property: The structure may not be located within twenty feet (20') of any residential structure on an adjacent property.

      4.   Minimize Noise Disturbances: The structure must be designed to minimize noise disturbances to surrounding properties and be operated in compliance with the provisions of the noise regulations.

      5.   Applicability Of Provisions; Compliance: In order to protect the health, safety and welfare of the citizens of this village, the provisions set forth in this subsection shall apply to any skateboard ramp constructed, erected, placed, or maintained within the village of Glendale Heights on or after the effective date of this subsection, and shall also apply to any skateboard ramp currently in existence within the village of Glendale Heights as of the effective date of this subsection. In the case of existing skateboard ramps, any skateboard ramp owner or property owner upon which any such skateboard ramp is located shall have a period of sixty (60) days from the effective date of this subsection to remove said skateboard ramp or otherwise bring it into compliance with this subsection.

   J.   Portable Storage Units (Pods): Portable Storage Units are permitted in residential districts only and are allowed for a maximum of thirty (30) days and must be located on a paved surface located on private property. No portion of the Pod shall be located on the grass. Shipping containers are prohibited. No more than two (2) portable storage units shall be permitted on the property. (Ord. 99-02, 1-7-1999; amd. Ord. 2013-04, 1-17-2013; Ord. 2018-100, 12-13-2018; Ord. 2020-27, 4-16-2020; Ord. 2021-51, 6-24-2021; Ord. 2023-53, 9-7-2023)

   A   Obstructions: Yards, as defined herein, may be obstructed by accessory uses, structures, or building projections only as provided in Table 4-1 of this Title

 

   B.   Accessory Structure Bulk Standards; All accessory structure shall adhere to the following bulk standards as set forth in Table 4-2 or as noted otherwise in this Title.

 

   C.   Through And Corner Lots:

      1.   On a vacant through lot, either of the lot lines abutting a street may be established as the front lot line; except, that where two (2) or more through lots are contiguous and a front lot line has been duly established by the construction of a building on one lot, the same street lot line shall serve as the front lot line of all such contiguous lots.

      2.   On a through lot, accessory structures shall be permitted in the front yard at the rear of the dwelling unit, provided a fence is installed.

      3.   Corner side yards. In no case, except as noted in Table 4-1, shall it be permitted to construct an accessory structure beyond the building line established for the main building.

   D.   Compost Bin: A compost bin may contain materials such as grass trimmings, wood waste, leaves, weeds and other garden refuse, may be placed in a compost pile; provided, it is placed in such a way so that the material will not be windblown. The following additional materials, namely shrubbery, vines, fruits, vegetables, egg shells, and coffee grounds are prohibited. Compost shall be no more than four (4') feet in height, not located within any easement, must be at least three (3') feet from the property line and shall not have a maximum ground or base area of more than fifty (50') square feet. The compost bin shall not create an odor or be a nuisance to surrounding residents. (Ord. 99-02, 1-7-1999; amd. Ord. 2020-27, 4-16-2020; Ord. 2021-91, 12-9-2021; Ord. 2023-53, 9-7-2023)

The following general provisions shall apply to all fences erected, constructed, or installed after the effective date hereof:

   A.   Application Of Provisions: Except as otherwise provided herein, all provisions in this section governing fences shall also apply to walls, screening, hedges, or other densely growing shrubbery, and retaining walls where they extend above ground level.

   B.   Permit Required: No permanent or temporary fence shall be erected, constructed, or installed without first having been issued a fence permit by the zoning administrator.

   C.   Permitted Material:

      1.   Districts Other Than I District:

         a.   No fence or wall is permitted that is electrified or that contains broken glass, barbed wire, or other substances reasonably calculated to do bodily harm. The following types of material shall be permitted for fences located in all but the I district:

            (1)   Chainlink, no slats (permitted in rear and interior side yards only).

            (2)   Masonry or stucco wall.

            (3)   Wood (no plywood).

            (4)   Wrought iron.

            (5)   Decorative PVC.

         b.   Barbed wire shall be permitted as fencing material only in connection with public safety, public works service and/or municipal sites where the protection of the public interest is served.

      2.   I District: The following types of fence materials shall be permitted in the I district:

         a.   Chainlink (permitted in rear and interior side yards only).

         b.   Masonry or stucco wall.

         c.   Decorative PVC.

         d.   Unfinished concrete or cinder block walls.

         e.   Wood (no plywood).

         f.   Wrought iron.

   D.   Maximum Height And Thickness:

      1.   Height:

 

      2.   Thickness: No fence, wall, or hedge shall be so thick as to inhibit passage between a lot line and any structure on the same lot.

   E.   Location: The location of fences shall be as follows:

      1.   Prohibitions: No fence shall be constructed or installed so as to constitute a traffic or safety hazard.

      2.   Districts Other Than I District: Fences in districts other than the I district shall be permitted in any rear or interior side yard.

      3.   I District: Fences in the I district shall be permitted in any yard.

      4.    Open fences greater than 4 feet in height shall comply with regulations for solid fences. On a through lot, a 6 foot fence shall be permitted on the property line at the rear of the dwelling unit.

   F.   Orientation: All fences, required or otherwise, shall have their finished face directed toward residence property or streets, where a residence property is adjacent to or across from the subject site. However, the unfinished face may be oriented toward an alley.

   G.   Protective Netting: Any lot that immediately abuts and adjoins a golf course may construct and maintain protective netting and posts in accordance with the following regulations:

      1.   Protective netting shall not be installed prior to March 1 of each year and shall be removed no later than December 15 of each year.

      2.   Protective netting and posts may be installed along rear lot lines and along interior side lot lines, but shall not extend past the front yard building setback line on an interior lot, or past the corner side yard setback on a corner lot. Netting and posts shall not be permitted to be attached to the front or rear of the dwelling across the side yard.

      3.   Protective netting and posts shall not exceed twenty feet (20') in height above grade level.

      4.   Protective netting attached to temporary or permanent posts shall be either plastic or nylon cloth material. No chainlink, chicken wire, or other such fencing materials shall be permitted.

      5.   No posts or protective netting shall be installed without first obtaining a building permit. Posts and protective netting installed prior to the effective date hereof shall be brought into compliance with the regulations of this subsection within three (3) years after said effective date.

   H.   Maintenance Required: All fences, walls, and other barriers shall be maintained in good, structurally sound repair.

   I.   Nonconforming Fences: All fences legally existing on the effective date hereof that do not conform to the regulations of this section may remain and be repaired as a permitted legal nonconforming use pursuant to the provisions of chapter 7 of this title.

   J.   Exemptions: The regulations herein shall not apply to chainlink fences erected on public recreation areas or school grounds.

   K.   Stormwater Drainage: All closed fences shall be a minimum of one inch (1") above grade in order to allow for adequate drainage of stormwater. Fences shall not block drainage of stormwater. (Ord. 99-02, 1-7-1999; amd. Ord. 2001-25, 3-15-2001; Ord. 2018-100, 12-13-2018; Ord. 2019-93, 12-12-2019; Ord. 2021-51, 6-24-2021)

Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.

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

      1.   Is conducted by a full-time resident of the dwelling unit where the home occupation is operating;

      2.   Is incidental and secondary to the residential use of the lot;

      3.   Does not adversely and or perceptively affect the character of the lot or surrounding area.

   B.   Operational Limitations:

      1.   Home occupations must be managed and owned by a person residing in the dwelling unit.

      2.   Home occupations, along with their respective ancillary functions, shall be conducted within enclosed structure, except for home based day care, and there shall be no separate entrance for the business nor any exterior storage of equipment or materials used in conjunction with the business.

      3.   There shall be no visible evidence of the conduct of such occupation in the outside appearance of the premise, and said home occupation shall not create noise, fumes, odor, dust, electrical interference, or pedestrian or vehicular traffic that is more than normal for the area in which it is located, and shall comply with all applicable codes, regulations and polices of the Village.

      4.   The home occupation must be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.

      5.   No more than one (1) customer/client may be on site at any given time, except for those allowed uses herein.

      6.   A home occupation may not employ anyone who does not reside on the premise.

      7.   The home occupation must be operated in accordance with all applicable laws, and if any state, federal or local permit or license is required, such permit or license shall be obtained prior to said business operating.

      8.   No refuse in excess of the amount allowable for regular residence pick up shall be generated by any home occupation.

      9.   Signage shall be limited to one (1), non-illuminated sign that is one (1) square foot or less in area and mounted flat against the wall of the principal building.

      10.   Commercial vehicles, as defined herein and used in connection with a home business shall be subject to the requirements as set forth in Section 11-4-11 of this Chapter.

   C.   Use Limitations:

      1.   Permitted Home Occupation may include the following uses, and those similar thereto, provided they conform to all other requirements as set forth herein and within the Village of Glendale Heights Municipal Code:

      2.   a.   Art or crafts studio;

         b.   Authors or composers;

         c.   Barber/Hair Stylist and Nails;

         d.   Dressmaking;

         e.   Firearms and Ammunition, subject to the following:

         (1)   Must hold a current Federal Firearms Dealer Licenses.

         (2)   Shall store all firearms in locked cases or firearms safe.

         (3)   Firearms ammunition shall only be stored in a locked, fireproof case or safe.

         (4)   Any firearm(s) sold and delivered to a customer must be secured with an approved trigger lock or gunlock prior to leaving the residence.

         f.   Home day care for more than three (3) children but not to exceed eight (8) children, under the age of twelve (12) years. The total number of children shall include the family's biological and/or adopted children under the age of twelve (12) years.

         g.   Repair and Service, limited to: i) off-site repair and servicing, ii) on-site repair and servicing of non-commercial, small hand-held personal devices and equipment that may include but shall not be limited to personal computers, laptops, and other similar devices that are repaired in a manner consistent with the requirements of the Home Occupation section herein, and with tools that are customary for purely domestic, household or hobby purposes.

         h.   Retail, Internet Sales;

         i.   Professional Office;

         j.   Massage Therapy;

         k.   Teaching, Tutoring or Counseling, limited to one (1) pupil at a time except for occasional groups of no more than four (4) persons at a time.

      3.   Prohibited Home Occupations shall include the following uses, and those similar thereto:

         a.   Any wholesale or retail business that involves the use of commercial vehicles for delivery of materials to or from the premises.

         b.   Any on-site manufacturing,.processing, fabricating, or assembly operation.

         c.   Any repair or service establishment including but not limited to automobile repair that does not adhere to the Section 11-4-9C-1, herein.

         d.   A stable or kennel.

         e.   A bakery, except those that conform to the standards set forth herein and pursuant to the terms outlined within the State of Illinois Cottage Food Law.

         f.   A restaurant.

         g.   A clinic, dental office, medical/chiropractic office, physical therapy, or hospital.

         h.   A mortuary.

         i.   A private club.

         j.   The renting or storage of automobiles, trailers, and/or equipment.

         k.   A boarding house as defined herein, or a bed and breakfast establishment.

         l.   Ticket sales outlet. (Ord. 2007-46, 6-21-2007; amd. Ord. 2022-51, 8-18-2022; Ord. 2022-53, 9-7-2023)

   A.   Administrative Occupancy Permit And Certificate Of Occupancy Required: The sponsoring agency must obtain a certificate of occupancy prior to establishing a community residence. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the zoning administrator. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

   B.   Ineligibility For Certificate: No certificate of occupancy shall be issued for a community residence unless:

      1.   The community residence is located at least one thousand feet (1,000') from any existing community residence, as measured from lot line to lot line;

      2.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed community residence, or that the proposed community residence is licensed or certified or eligible for licensing or certification; and

      3.   There is compliance by the proposed community residence with all other applicable village codes including code requirements for minimum bedroom space or living space per occupant.

   C.   Other Required Licenses And Permits: No certificate of occupancy shall be issued pursuant to this section until the applicant has obtained the state or local license or certification to operate the proposed community residence for which it is eligible.

   D.   Nontransferability Of Certificate: A certificate of occupancy is not transferable to another operator or to another location. (Ord. 99-02, 1-7-1999)

   E.   Revocation Of Certificate: The zoning administrator may revoke a certificate of occupancy for a community residence if its license or certification, or the operator’s license or certification to operate community residence, is revoked. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

   A.   Recreational Vehicles: A single "recreational vehicle", as defined in section 11-2-2 of this title, may be parked or stored on a lot in a residence district; provided, that:

      1.   It is at no time occupied for living or sleeping purposes except as may be allowed by the village on a temporary basis;

      2.   It is not connected to natural gas, water, or sanitary sewer service;

      3.   It is stored in its collapsed position if it is a vehicle of the collapsible type not stored in a garage;

      4.   It is parked or stored in a location determined by the following:

         a.   In a garage or carport, where one exists on the premises large enough to accommodate the vehicle;

         b.   Otherwise, in the driveway to the rear of the principal building line that is parallel or most nearly parallel to the street to which the driveway has access, where there is a driveway extending to the rear of this line;

         c.   Otherwise, in the driveway ahead of said building line but not encroaching upon any public sidewalk.

   B.   Trucks: Trucks that may be parked or stored in a residence district, other than in a completely enclosed garage, shall be limited to trucks that are, or are used in connection with, recreational vehicles and pickup trucks or vans used predominantly for family, recreational, or vanpooling or ridesharing use.

   C.   Commercial Vehicles: No commercial vehicle, as defined in section 11-2-2 of this title as "vehicle, commercial", may be parked or stored in a residence district other than in a completely enclosed garage, except for loading or unloading of household belongings between six o'clock (6:00) A.M. and twelve o'clock (12:00) midnight for the purpose of moving a personal residence or for up to thirty (30) minutes for deliveries or service calls. (Ord. 99-02, 1-7-1999)

   A.   Definition: A "temporary use" is a use that:

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

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

   B.   Permit Requirements:

      1.   Permit Required; Exemptions:

         a.   Temporary uses of land may be permitted in any zoning district by the issuance by the zoning administrator of a temporary use permit, subject to the provisions of this section.

         b.   No temporary use shall be established or maintained unless a permit evidencing the compliance of such use with the provisions of this title shall have first been issued; provided, however, that permitted temporary uses of public owned or leased buildings and property shall be exempt from this requirement.

      2.   Application For Permit: An application for a temporary use permit shall be filed with the zoning administrator. The application shall include:

         a.   The name, address, and telephone number of the applicant.

         b.   The location and purpose of the temporary use requested and the requested starting and ending dates.

         c.   The written approval of the ownership or management of the shopping center, if such use is to be conducted within a shopping center.

         d.   Evidence or assurances that there has been or will be compliance with the conditions and requirements of this title.

      3.   Issuance Of Permit: Upon receipt of a complete and accurate application and upon determining that there is evidence of compliance with the conditions and requirements set forth in this title, the zoning administrator shall issue a temporary use permit.

      4.   Denial Of Permit: Such a permit may be denied if the zoning administrator determines that the applicant has failed to comply with the terms or conditions of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of all village ordinances regulating the development, use, and maintenance of the property. Such a certificate shall be denied if the zoning administrator determines that the public health, safety, or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

      5.   Conditions On Permit:

         a.   Such permit shall be limited to the uses and time periods provided below and shall set forth any applicable conditions provided in this title.

         b.   Such a permit may be conditioned upon such special requirements as the zoning administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety, and welfare.

      6.   Display Of Permit: The permittee shall display the permit within plain view on the premises of the temporary use for the duration of the use.

      7.   Revocation Of Permit: Such a permit shall be revoked if any of the standards and conditions imposed pursuant to this section are violated.

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

      1.   Indoor and outdoor art and craft fairs, holiday themed festivals, farmers markets, rummage and plant shows; car shows, exhibits and sales in any commercial, business park or public and institutional buildings district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such market, festival, show, exhibit or sale shall be limited to a period not to exceed three (3) consecutive days up to sixty (60) days per calendar year.

      2.   Christmas tree sales: In any commercial district accessory to a permitted or conditional use; and when conducted by a not for profit religious, philanthropic, or civic group or organization on property owned or leased by such group or organization, in a residence or public and institutional buildings district; provided, however, any such use in a residence or public and institutional buildings district shall not exceed thirty (30) days and shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Display of Christmas trees need not comply with the yard requirements of this title; except, that no tree shall be displayed within the "vision clearance triangle" defined in section 11-2-2 of this title.

      3.   Contractors' offices and equipment sheds: In any district when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project.

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

      5.   Carnivals and circuses:

         a.   In any nonresidence district or residence or public and institutional buildings district on school, church or park property, but only when sponsored by a not for profit religious, philanthropic, or civic group or organization; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed one week. Such use need not comply with the yard requirements of this title; except, that structures or equipment that might block the view of operators of motor vehicles on any public or private street shall not be located within the "vision clearance triangle" defined in section 11-2-2 of this title. Such use need not comply with the maximum height requirements of this title.

         b.   The concessionaire responsible for the operation of any such carnival or circus shall:

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

            (2)   Provide fire extinguishers of a type and at site locations approved by the zoning administrator; and

            (3)   Provide and service refuse containers in the number and locations required by the zoning administrator; and

            (4)   Provide for a thorough cleanup of the site upon termination of the event; and

            (5)   Upon written notice from the zoning administrator, terminate the use of any amusement device or structure found by the zoning administrator to pose a threat to the public safety.

      6.   Tents: In any district, in connection with any permitted, accessory, temporary, or conditional use. No tent shall be allowed to remain for a period of more than sixty (60) days. Unless waived in writing by the zoning administrator, every tent shall comply with the time limits, bulk, space, and yard requirements applicable to accessory uses pursuant to sections 11-4-6 and 11-4-7 of this chapter.

      7.   Civic uses of public property: In a public and institutional buildings district, any civic use of any public building or property when authorized by the governmental agency owning or controlling such property; provided, however, that no such use shall impose an undue adverse effect on neighboring streets or property.

      8.   Sales of overstock, seconds and similar goods in districts where not a permitted use: In the I and BP districts when accessory to any use permitted or specially permitted in such district, but only in compliance with the following conditions:

         a.   Existing Inventory Only: No products shall be sold except such products as are manufactured, warehoused or distributed in the normal course of business of the principal use operated on the zoning lot in question. No products shall be brought in from other sources for purposes of the temporary sale.

         b.   No Outdoor Sales: Any area in which such a temporary retail use takes place, including the sale and display of products, shall be fully enclosed.

         c.   Number And Duration Of Sales Limited: Not more than three (3) such temporary uses shall be conducted on the same premises in any calendar year, or more than one such sale in any calendar quarter. In each calendar quarter, one such sale may be for a period of not more than three (3) successive days, including Saturday and Sunday, e.g., Friday, Saturday, and Sunday or Saturday, Sunday and Monday.

      9.   Display and sale of farm, garden or floral commodities: In any commercial district; provided, however, that such temporary uses are limited to ninety (90) days' duration, provides adequate ingress and egress from adjoining roadways and provides one off street parking space per seventy five (75) square feet of display area, with a minimum of three (3) spaces.

      10.   Shopping center sidewalk sales: In any commercial district; provided, however, that such sales do not exceed a cumulative total of ten (10) days per calendar year, are not held more than twice a year, and do not cover an area exceeding fifty percent (50%) of the width of any sidewalk within the center.

      11.   Sidewalk and outdoor restaurants: In any commercial district as an accessory use to a restaurant as a principal use; provided, however, that any such restaurant serving alcoholic beverages shall require a conditional use permit pursuant to chapter 3, article C of this title; and provided further, that any such restaurant serving alcoholic beverages shall have a six foot (6') fence surrounding the outdoor area, and that no ingress shall be permitted except through the principal use.

      12.   Food Trucks: Private residential events shall be exempt from the Temporary Use permitting and licensing requirements so long as the following standards are met:

         a.   The event is for a single day;

         b.   Is limited to only one (1) food truck;

         c.   Provides services to only those attending the event;

         d.   Is located or positioned such that said food truck does not obstruct traffic or utilities; and

         e.   Operates during the following hours of operation: Sunday through Thursday: 9:00 a.m. to 7:00 p.m.; and Friday and Saturday from 9:00 a.m. to 9:00 p.m.

   D.   Bulk, Space And Yard Regulations: Except as expressly provided otherwise, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.

   E.   Use Limitations:

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

      2.   Hours And Days Of Operation: No temporary use shall be operated during any hours or on any days of the week except such as are designated by the zoning administrator in the permit required by subsection B of this section, on the basis of the nature of the temporary use and the character of the surrounding area.

      3.   Public Safety: No temporary use shall be permitted unless the village fire and police departments shall have first certified that such use will result in no additional, undue on site or off site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as said departments may require in connection with such certification. If required by the zoning administrator, the operator of the temporary use shall employ a fire watch team and appropriate security personnel.

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

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

      6.   Temporary Signs: See section 11-6-10 of this title.

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

      8.   Additional Conditions: Every temporary use shall, in addition, comply with, and the zoning administrator may impose, such other conditions as may reasonably be necessary to achieve the purposes of this title or to protect the public health, safety, and welfare. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2021-64, 9-16-2021; Ord. 2023-53, 9-7-2023)

The following provisions apply in all commercial, office, business park and industrial districts except where this title provides otherwise:

   A.   Within Enclosed Buildings: All business, service storage, merchandise, display and, where permitted, repair and processing shall be conducted wholly within enclosed buildings except for off street parking, off street loading, and open sales lots or outside storage in districts where these uses are permitted.

   B.   Retail Sales Of New Merchandise: Goods sold at retail shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein.

   C.   Performance Standards: All uses in commercial and office districts shall comply with the performance standards applicable to the BP business park district.

   D.   Outdoor Sales And Storage:

      1.   Where open sales lots are permitted, they shall be provided with a permanent, durable, and dustless surface and shall be drained to dispose of all surface water.

      2.   Outdoor storage, where permitted, shall be screened to conceal materials stored from adjacent properties and adjacent thoroughfares.

   E.   Outdoor Storage, Accessory: Where permitted, shall meet the following criteria:

      1.   Applicant must obtain a building permit and comply with all other building, fire, and zoning codes.

      2.   Outdoor storage areas must be screened on all slides with a minimum six foot (6') high solid fence, chain link fence with slats, wall, or dense landscaping.

      3.   Located in rear yards and interior side yards only.

      4.   Cannot be located in required landscaping setbacks.

      5.   Located on an impervious surface.

      6.   Cannot be located in drive aisles, fire lanes, or required parking spaces.

      7.   Cannot be adjacent to residential zoned properties.

      8.   Cannot exceed the height of the building.

      9.   Cannot be visible from a public right-of-way.

A conditional use is required for all other outdoor storage. Outdoor storage, accessory does not include material, supplies, commodities, mobile equipment, trucks and trailers. (Ord. 99-02, 1-7-1999; amd. Ord. 2021-64, 9-16-2021)

   A.   Permitted Uses:

      1.   The following public utility uses and municipal uses are permitted in any zoning district: poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, mains, drains, valves, hydrants, or any similar distributing equipment; fire alarm or police call boxes; traffic signals; and telephone booths and pay telephones. Aboveground fuel storage tanks shall be a permitted use in all districts only in conjunction with municipal public utility uses as defined in section 11-2-2 of this title, as follows: (Ord. 99-02, 1-7-1999; amd. 2011 Code)

 

 

      2.   Storage of unfinished products in original sealed containers of sixty (60) gallons or less is exempt from the above standards.

   B.   Conditional Uses: Buildings and structures not included in the Illinois utility exemption and not specifically permitted as a matter of right in the various zones pertaining to water, sewerage, gas, telephone and electric utilities, and police, fire, radio and television stations, including broadcasting antennas, shall be conditional uses subject to the following requirements:

      1.   Lot Area And Location: The required lot area and location shall be specified as part of the conditional use permit and shall be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.

      2.   Fencing Or Screening: If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings. (Ord. 99-02, 1-7-1999)

   A.   Purposes: The purposes of the requirements in this section are to provide for appropriate landscaping of building sites as well as the screening of parking and other outdoor areas in order to create and convey an aesthetically pleasing environment that will:

      1.   Protect residential environments from effects of more intensive adjacent uses;

      2.   Protect users of parking areas from excessive wind, glare, and temperature extremes;

      3.   Reduce the adverse effects on public streets and adjacent properties of noise, blowing dust and debris, and motor vehicle headlight glare;

      4.   Discourage unsafe access to and circulation within off street parking areas; and

      5.   Contribute to improved community appearance and preservation and enhancement of property values.

   B.   Application Of Provisions:

      1.   All projects having landscape requirements under this title shall be required to submit a landscape plan and meet the landscaping requirements of this section, except for single- family detached and single-family attached lots.

      2.   Existing conditions on developed sites which are not in conformance with the requirements of this section that are otherwise lawful on the effective date hereof may be continued as a matter of right. If there is any lawful expansion of a nonconforming use, the submission of a landscape plan, as determined by the zoning administrator, shall be required, which plan shall be based on the zoning districts within which such uses appear.

   C.   Approval Process: Landscape plans for the planting required for this section shall be submitted to the village for review by, and subject to the approval of, the zoning administrator. The following elements shall be included in all landscaping plans:

      1.   Landscape Plan Elements:

         a.   Title block including the name and street address of the project, designer's name, scale of the plan (no smaller than 1 inch = 50 feet for plans with trees only; and no smaller than 1 inch = 20 feet for plans with shrubs and smaller plants), north arrow and date of the plan.

         b.   Property lines.

         c.   Name, location, right of way and paving widths of all abutting streets.

         d.   Note zoning and use of all abutting properties; location of buildings on abutting properties within two hundred feet (200') of property lines.

         e.   Natural features such as ponds, lakes and streams; delineation of 100-year floodplain and wetland boundaries, if applicable.

         f.   Existing and proposed stormwater management ponds and areas.

         g.   Required landscaped yard widths.

         h.   Location, height, dimensions, and use of all existing and proposed buildings and other structures, including parking lots, sidewalks, and other paved areas, fences, walls, and recreational equipment.

      2.   Planting Elements:

         a.   Location, general types and quality of existing vegetation, specimen trees and natural areas.

         b.   For plant preservation credits, existing trees of three inch (3") caliper and above to be saved including locations noted, condition, and a list of species. Show on submittals the methods and details for protection of existing vegetation during construction.

         c.   Location and keyed labels of all proposed plants.

         d.   Location of all proposed areas to be seeded and/or sodded.

         e.   Plant list or schedule to include key symbols, quantity, correct botanical and common names, size, spacing and condition of all proposed plants.

         f.   Location and description of other landscape improvements, such as earth berms, screens, sculptures, fountains, street furniture, signs, lighting and paved areas.

         g.   General and specific notes to indicate or explain the design and construction procedures to be used and compliance with ordinance requirements.

   D.   Landscaping Materials:

      1.   Varieties of living landscape materials used shall be healthy, hardy, and drought resistant; be suitable for climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salt; and be compatible with the slope of the site, with existing vegetation to be preserved, and with utilities above or below ground level. Where appropriate, landscape materials used shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers, or other measures.

      2.   IDOT "General Requirements For Landscape Operations On State Highway Right-Of-Way In Urban Areas" and IDOT "Location Standards For Plant Material On The Right-Of-Way" should be observed for village collector roadways, unless waived by the zoning administrator. Salt tolerance of plant species shall be evaluated using the most recent approved IDOT list.

      3.   All plants shall conform to the "American Standards For Nursery Stock", latest edition, and shall be installed according to the current standards of the American Association Of Nurserymen.

      4.   Native plant materials and landscapes are encouraged but are not mandated.

      5.   In addition to the approved list below, hardy trees providing year round interest and color, and trees providing food and habitat for native and migrating birds and other animals, as approved by the zoning administrator, shall be allowed; trees which have shallow destructive root systems or which create unacceptable quantities of vegetative debris shall not be approved when located near streets, drives or parking lots.

         a.   Shade Trees:

 

         b.   Evergreens:

 

 

         c.   Ornamental Trees:

 

      6.   The following are prohibited as street trees on public properties or when located near drives or parking areas:

 

      7.   a. Deciduous shade and street trees shall be fully branched and have a minimum caliper of three inches (3") for nonresidential and two and one-half inches (21/2") for residential development, measured six inches (6") above ground level. Specimens shall be properly pruned to maintain a natural form.

         b.   Ornamental trees shall be fully branched and have a minimum caliper of two inches (2") for nonresidential and one and one- half inches (11/2") for residential development, measured six inches (6") above ground level. Specimens shall be properly pruned to maintain a natural form and effective screening.

         c.   Evergreen trees shall be a minimum of six feet (6') in height and fully branched to the ground.

         d.   Tall shrubs shall be supplied in five (5) gallon or larger containers, or balled and burlapped. Plants shall measure at least thirty six inches (36") in height and shall be fully branched to the ground. Shrubs shall be properly pruned to maintain effective screening.

         e.   Low shrubs shall be supplied in two (2) gallon or larger containers for residential development or five (5) gallon or larger containers for nonresidential development. Plants shall measure at least eighteen inches (18") in height or spread for residential development and at least twenty four inches (24") in height or spread for nonresidential development.

         f.   Ground cover plants shall be planted so that an effective covering is obtained within two (2) growing seasons.

      8.   All reasonable efforts shall be made to preserve the existing trees on each building site, consistent with the approved tree list and similar species which would be an asset to the site.

   E.   General Requirements:

      1.   Except for accessory uses expressly permitted to be located in required yards, all yards and open space between and about structures and off street parking and loading areas and lots shall be landscaped and kept free of accumulations of garbage, trash, refuse, debris and other unsightly or nuisance creating materials.

      2.   All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of accumulations of garbage, trash, refuse, debris and other unsightly or nuisance creating materials until developed.

      3.   Berms shall be not less than two feet (2') in height nor greater than six feet (6') in height, with heights depending on the finished grades of the abutting properties in relationship to any proposed development.

   F.   Street, Easement And Buffer Strip Plantings For Nonresidential Developments: The standards are expressed in terms of shade trees required per linear foot of roadway, easement, or buffer strip, and include the full width of each. For determining numbers of conifers and ornamentals applicable to the standard, a conifer at least six feet (6') in height shall equal a shade tree, and two (2) ornamentals as specified above shall equal a shade tree. It is recommended that trees be grouped in clusters.

      1.   Major Entry:

         a.   Parkways: One shade tree each side per forty (40) linear feet of roadway.

         b.   Median: Two (2) shade trees per forty (40) linear feet of median length, plus one tree for each twenty five (25) linear feet of median where the median is wider than thirty feet (30').

      2.   Frontage Road:

         a.   Primary screening by a berm not less than two feet (2') in height nor greater than six feet (6') in height, with slopes not exceeding three to one (3:1).

         b.   Provide one shade tree per forty (40) linear feet of frontage.

      3.   Front Yards (Parking Setbacks); Nonresidential Districts: The front yard and any yard abutting a street shall be attractively landscaped except where driveways for ingress or egress are located.

      4.   Building Site Plantings: Each building shall include a minimum of one shade tree in frontage areas for each fifty (50) linear feet of building site frontage. It is recommended that trees be grouped in clusters.

      5.   Residential Transition Yards:

         a.   Primary screening by a berm not less than two feet (2') in height nor greater than six feet (6') in height, with heights depending on the finished grades of the abutting residential properties in relationship to the proposed building height and finished grades of the new development.

         b.   Provide one shade tree per forty (40) linear feet of residentially zoned or used property abutting the subject property.

      6.   Parking Lot Screening:

         a.   Every parking lot abutting property zoned in any residential district shall, to the extent hereinafter specified, be buffered and screened by a perimeter landscaped open space having a width of at least ten feet (10') or the width of the required yard, whichever is less.

         b.   The landscaping and screening treatment of such space shall be so designed and maintained to screen parked cars and shall be bermed so as to partially conceal parked cars from view of the street or adjacent property except where the size or configuration of the existing or proposed topography of the lot makes this infeasible or unnecessary or where erosion, drainage, or maintenance problems might result.

         c.   The provisions of this subsection F6 shall apply to parking lots developed prior to the effective date hereof, but only to the extent that such parking lots have, on said effective date, unpaved areas abutting them in which landscaping and screening may be installed.

      7.   Parking Lot Interior Landscaping:

         a.   Every parking lot shall contain at least one tree for each twenty four (24) parking spaces constructed after the effective date hereof. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least one hundred twenty (120) square feet. No existing or new tree located more than five feet (5') outside the perimeter of the paved parking area shall be counted in meeting the requirements of this subsection. All islands in excess of fifty (50) square feet, created curbs or other traffic flow regulators shall be landscaped. All internal landscaped islands shall be protected with curbing.

         b.   No shrub shall be planted closer than two feet (2') from any curb, and no tree shall be planted closer than three feet (3') from any curb.

         c.   Low shrubs planted in parking lot islands shall be maintained at a height not to exceed three feet (3') in order to keep sightlines clear.

         d.   In industrial districts, a minimum of five percent (5%) of the parking area shall be devoted to landscaping, and in all other nonresidential districts, a minimum of ten percent (10%) shall be devoted to landscaping.

      8.   Ground Cover In Landscaped Buffer Strips: Grass or other ground cover shall be planted over all landscaped strips including berms, except in areas planted in flowers, shrubs, or trees, so as to present a finished appearance and reasonably complete coverage within three (3) months after planting. Nonliving landscaping materials such as sand, stone, rocks, or barks may be substituted for living cover over a maximum of thirty percent (30%) of the landscaped area.

      9.   General Requirements:

         a.   The owner, occupant, and tenant, and the respective agent of each, if any, shall be jointly and severally responsible for the maintenance, repair, and replacement of all landscaping and screening so as to preserve at least the same quantity and quality as initially approved.

         b.   All parking island strips and parking screening strips shall be separated on all sides from the parking surface by curbing.

         c.   Plant materials, including deciduous trees and evergreen trees, shall not cause a hazard. Landscape plant material overhanging walks, pedestrian or bicycle paths and seating areas shall be pruned to a minimum height of eight feet (8'), and to a minimum height of twelve feet (12') over streets and highways and above parking lot aisles and spaces.

         d.   Plantings shall conform with the requirements of the "vision clearance triangle" as defined in section 11-2-2 of this title.

   G.   Alternative Compliance: Certain project conditions may justify approval of alternative methods of compliance within the requirements of this section. Conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the village objectives can only be obtained through alternative compliance.

      1.   Requests for alternative compliance will be considered for any application to which the requirements of this title apply when one or more of the following conditions are present:

         a.   Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical; or improved environmental quality would result from the alternative compliance.

         b.   Space limitations, unusually shaped lots or prevailing design practices in the surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas.

         c.   A change of use on an existing site increases the screening required to more than is feasible to provide.

         d.   Safety considerations make alternative compliance necessary.

      2.   Requests for alternative compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decision.

      3.   A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, durability, hardiness and ability to meet the landscape standards of this title.

      4.   Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases.

   H.   Refuse Containers:

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

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

      3.   Compliance With Village Regulations: Refuse enclosures, containers, and pallet storage must comply with this code.

      4.   Exemptions:

         a.   The requirements of subsection H1 of this section shall not apply to standard receptacles permitted for use by single- family dwellings or to receptacles accessory to schools.

         b.   None of the requirements of this subsection shall apply to receptacles placed and maintained for use by the general public to avoid littering or to receptacles temporarily placed on construction sites for the purpose of collecting construction debris.

   I.   Storage Areas: Storage, service, maintenance, and loading areas must be constructed, maintained, and used in accordance with the following conditions:

      1.   No materials, supplies, or equipment shall be stored upon a site, except inside a closed building or pursuant to a conditional use permit.

      2.   All public utility and similar equipment shall be screened from view from access streets and adjacent properties by means of a fence, berm, wall or dense opaque landscaping materials.

      3.   Trucks and semitrailers directly associated with the subject property's permitted business operation shall not be parked or stored out of doors overnight, in the parking lot or on the premises, except within a loading dock berth or an enclosed garage which provides screening from any adjacent right-of-way and is equal in height to the height of the first floor of the principal building or with an approved conditional use. Diesel trucks shall not idle their engines between the hours of eight o'clock (8:00) P.M. and six o'clock (6:00) A.M., except for engine warmup purposes which shall be allowed for a period not exceeding thirty (30) minutes immediately prior to the departure of such vehicle from the premises. Refrigeration unit engines on trucks/trailers shall not be operated between the hours of eight o'clock (8:00) P.M. and six o'clock (6:00) A.M.

      4.   In the BP and I districts, all activities involving manufacturing, fabricating, processing, assembly, disassembly, repairing, cleaning, servicing and testing shall be conducted in completely enclosed buildings. If allowed as a permitted or conditional use, the storage of materials, products, and goods must be screened with a solid fence or wall on all lot lines with only such openings as are necessary for ingress or egress. Said fence or wall shall be maintained in a neat and orderly appearance and shall be of such height that any materials stored within the confines of such fence cannot be seen from any lot line or public right of way.

      5.   Storage of hazardous materials should require secondary containment, monitoring, development of an emergency response plan and participation in the Illinois pollution prevention (P2) program.

   J.   Maintenance Of Improved Sites And Condition Of Improved Lots: Sites that are not improved or built upon shall be maintained in a clean and neat appearance by the property owner. Weeds and brush shall be removed semiannually. The owner or occupant of any lot shall at all times keep it and the buildings, improvements, and appurtenances thereon in a safe and clean condition and shall comply with all applicable governmental, health, fire and safety ordinances and regulations. Trash shall be removed expeditiously. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2021-91, 12-9-2021)

   A.   Guidelines; Objectives Of Properly Designed Lighting:

      1.   To contribute to the safe and efficient use of a development site;

      2.   To contribute to the site security;

      3.   To complement and reinforce the architecture and site design character;

      4.   To keep on site parking lot lighting fixtures and illumination levels consistent throughout the parking lot;

      5.   To prevent casting glare onto adjacent lots and streets;

      6.   To encourage conformity with energy saving guidelines; and

      7.   Architecturally, to articulate and animate the particular building design, as well as provide the required functional lighting for safety and clarity of pedestrian movement.

   B.   Definitions: See section 11-2-2 of this title.

   C.   Standards: The following standards are required of all exterior lighting installed on sites immediately adjacent to any residence district; provided, however, that such standards are not intended to apply to public street lighting:

      1.   The maximum height of a light post permitted is dependent on the amount of cutoff provided in order to protect against excessive glare and light intruding onto adjacent residence properties.

      2.   When a light source has no cutoff:

         a.   Maximum permitted illumination equals one-fourth (0.25) foot-candle.

         b.   Maximum permitted height of the post equals ten feet (10').

      3.   When a light source has total cutoff of an angle greater than or equal to ninety degrees (90°):

         a.   Maximum permitted illumination equals one-half (0.50) foot- candle.

         b.   Maximum permitted height of the post equals fifteen feet (15').

      4.   When a light source has a total cutoff of light at an angle less than ninety degrees (90°) and is located so that the light source is completely shielded from the direct view of an observer five feet (5') above the ground at the point where the cutoff angle intersects the ground:

         a.   Maximum permitted illumination equals one foot-candle. (Ord. 99-02, 1-7-1999)

         b.   Maximum permitted height of the post equals twenty feet (20'). (Ord. 99-02, 1-7-1999; amd. 2011 Code)

      5.   Notwithstanding any other provision of this section to the contrary:

         a.   No flickering or flashing lights shall be permitted.

         b.   Light sources shall not be located within the required side or rear yard or in a portion of front yard which includes part of the side yard as extended adjacent to any residence district.

         c.   The fixture illuminant (bulb) shall not be visible from the property line adjacent to any residence district.

         d.   The maximum permitted illumination onto a residence lot shall not exceed one-tenth (0.1) foot-candle, except for right of way lighting.

      6.   Lighting levels shall be measured in foot-candles with a direct reading, portable light meter. The meter sensor shall be mounted not more than six inches (6") above the ground line in a horizontal position. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two (2) readings shall be compared to the maximum permitted illumination. This procedure eliminates the effects of moonlight and other ambient light.

      7.   At the time any exterior lighting is installed or substantially modified, an exterior lighting plan shall be submitted to the zoning administrator in order to determine whether the requirements of this section have been met.

   D.   Exemptions To Landscaping And Lighting Requirements: Where side or rear yard setbacks adjacent to a residence district are required and the landscaping and lighting standards are required, but not existing, the property shall not be subject to such regulations and standards until such time as a building permit is required. (Ord. 99-02, 1-7-1999)

   A.   Building Exterior Wall Materials: The front exterior walls facing a street or streets the property adjoins shall be of masonry, stone, glass or architectural precast concrete panels. The side exterior walls may be of metal; except, that the lower third or lower seven feet (7'), whichever is less, of the wall shall be of masonry, stone, glass or architectural precast concrete panels. In no event shall concrete blocks be allowed on any exterior surface of a building; except, that decorative concrete blocks shall be allowed upon approval of the zoning administrator.

   B.   Rooftop Mechanical Equipment: Except for antennas mounted on roofs pursuant to the provisions of this title, all mechanical equipment located on the roof of any building constructed after the effective date hereof shall be fully screened by a parapet wall or other screening structure constructed of materials compatible with the principal building facade to the height of such equipment.

   C.   Parking Garage Design: Every parking garage, other than garages accessory to single-family dwellings, constructed after the effective date hereof shall be constructed of the same materials as, or materials architecturally and aesthetically compatible with, the principal building to which it is accessory.

   D.   A minimum of twenty percent (20%) of the front elevation surface area shall contain a storefront glazing system for buildings located in the BP - Business Park District. (Ord. 99-02, 1-7-1999; amd. Ord. 2020-27, 4-16-2020)

   A.   Adult regulated uses are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones:

      1.   Within, or within five hundred feet (500') of, any residence district, known as AE, R-1, R-2, R-3, R-4, R-5, or PIB district, or any single-family or multiple-family residence use, except when the adult regulated use is located within an adult regulated use commercial overlay district, then such distance shall be reduced from five hundred feet (500') to two hundred feet (200').

      2.   Within, or within seven hundred fifty feet (750') of, any public or private school.

      3.   Within, or within seven hundred fifty feet (750') of, any church or other religious facility or institution.

      4.   Within, or within seven hundred fifty feet (750') of, any mental health center.

      5.   Within, or within seven hundred fifty feet (750') of, any public library, public park or recreation area.

      6.   Adjacent to, or within five hundred feet (500') of, a school route.

      7.   Within, or within one thousand feet (1,000') of, any other adult regulated use.

   B.   The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property, right of way, or the land use district boundary line from which the proposed land use is to be separated.

   C.   An adult regulated use which is established in conformity with the locational restrictions of this section shall not be made nonconforming if, subsequent to the establishment of the adult regulated use, a residence zone, public or private school, church, religious facility, mental health center, public library, public park, recreation area or school route is created or established within the distance limitations for an adult regulated use specified in this section. However, if any adult regulated use is terminated or discontinued for a period of thirty (30) days or more subsequent to the location of a use imposing a distance limitation on the adult regulated use, then the adult regulated use shall become a nonconforming use. (Ord. 99-02, 1-7-1999)

   A.   Within the "vision clearance triangle", as defined in section 11-2-2 of this title, no solid fence, or any other solid obstruction, having a fence height of over two and one- half feet (2.5'), nor any open fence with a fence height of over three and one-half feet (3.5'), shall be permitted.

   B.   Overhanging objects shall be permitted within this triangle only if all parts thereof are higher than eight feet (8') above the level of the railroad or the pavement of the street where the centerlines intersect.

   C.   Signs shall be permitted only if the sign clearance is eight feet (8') or greater. (Ord. 99-02, 1-7-1999)

   A.   The maximum adult use cannabis dispensing organization conditional use permit is limited to two (2) within the Village of Glendale Heights, one (1) in either the C-2, C-3, BP or I zoning districts along North Avenue and one (1) in either the C-2, C-3, BP, or I zoning districts along Army Trail Road.

   B.   No adult use cannabis business establishment, as defined in section 11-2-2, shall be located within five hundred feet (500') of any public or private school, educational institution, hospital, home for aged or indigent persons or for veterans, their spouses or children. In determining the distance provided in this subsection, the boundaries of the lot or parcel of land of the proposed adult use business establishment to the lot or parcel of land upon which a public or private school, educational institution, hospital, or home for aged or indigent persons or for veterans, their spouses or children is located and shall be used as the point from which measurement shall be taken.

   C.   Adult use cannabis business establishments shall not be located closer than one thousand five hundred feet (1,500') from the property line of any other adult use cannabis business establishments (both medical and recreational), as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705.

   D.   No cannabis or cannabis paraphernalia shall be displayed or kept at dispensaries so as to be visible from outside the premises.

   E.   Drive-through adult use cannabis business establishments are prohibited.

   F.   Cannabis "Lounges", "Clubs" or similar facility on-site use of cannabis smoking, eating, or otherwise consuming or ingesting on the premises is prohibited. (Ord. 2019-94, 12-12-2019; amd. Ord. 2022-21, 3-3-2022)

Any use not specifically identified as a permitted use or a conditional use within a zoning district is prohibited. (Ord. 2019-94, 12-12-2019)

   A.   Conditional use required for vacation rental. A conditional use permit is required to operate a vacation rental, as defined in Section 11-2-2. No conditional use permit for a vacation rental shall be issued unless authorized by the Board of Trustees following a public hearing, consistent with the requirements of the Village's zoning code. The use of any building as a vacation rental without an applicable conditional use permit is prohibited.

   B.   Additional filing requirements. An application for a conditional use permit for a vacation rental shall be accompanied by the following information:

      1.   A certificate of insurance, as required under Section 11-4-22-E-1 herein.

      2.   A statement as to whether the applicant or any other person with an ownership interest in the property on which the vacation rental is proposed to be located, including, co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation, has ever been convicted in any jurisdiction of a felony.

      3.   Proof that the applicant is a legal or beneficial owner of the property on which the vacation rental is located, along with the names, addresses, ownership interest and current contact information for each of the applicants, co-owners, partners, members, managers, and officers of the owner of the property, if any.

      4.   If the proposed vacation rental property is subject to regulations or restrictions by a homeowners' association or condominium association, the applicant must provide documentary evidence that the applicable association or board has approved the use of the property as a vacation rental.

   C.   Departmental duties; requirements and standards.

      1.   The Village's Community Development Department and the local fire protection district (the "Fire Protection District") shall inspect each vacation rental before the renting out of any vacation rental for compliance with all applicable state, county, and Village accessibility, building, life safety, and property maintenance code requirements. Thereafter, the Village Community Development Department and the Fire Protection District shall inspect the vacation rental at least once every two (2) years. Vacation rentals shall be subject to compliance inspections by officers of the Village's Police Department and staff members of the Community Development Department as well as the fire protection district, at any time upon reasonable notice.

      2.   No owner of a vacation rental shall:

         a.   Exceed the scope of the Conditional Use approval;

         b.   Rent any vacation rental to anyone under the age of twenty-one (21);

         c.   Rent any vacation rental more than once within any consecutive twenty-four (24) hour period, measured from the commencement of one (1) rental to the commencement of the next;

         d.   Rent any vacation rental for more than thirty (30) consecutive days, or fewer than two (2) consecutive days, to any guest;

         e.   Rent the property as a vacation rental for more than one hundred fifty-six (156) days in a twelve (12) month period;

         f.   Advertise an hourly rate or any other rate for a vacation rental based on a rental period of fewer than twenty-four (24) consecutive hours;

         g.   Serve or otherwise provide to any guest any food or beverage other than food or beverages that are pre-packaged and sealed by the manufacturer for individual serving;

         h.   Cause or permit, by action or failure to act, the vacation rental or its use to suffer from and/or create any violation of the zoning code;

         i.   Allow occupancy of the property where the vacation rental or any part thereof is situated to exceed the following occupancy limits:

         (1)   For a room to be considered habitable space for sleeping purposes, it must meet the occupancy and square footage standards as set forth in the Village's building code;

         (2)   Kitchens, bathrooms, hallways, and closets are not considered habitable rooms for sleeping purposes, thus the square footage represented by these rooms shall not be used;

         j.   Rent any portion of the vacation rental concurrently to separately booked guests;

         k.   Allow any outdoor activity on the property of the vacation rental between ten o’clock (10:00) p.m. and eight o’clock (8:00) a.m.;

         l.   Hold out or utilize a vacation rental property as a venue for weddings, conferences, parties or other events regardless of the number of attendees;

         m.   Erect any external signage regarding the vacation rental;

         n.   Permit any criminal activity or public nuisance, including excessive noise, to take place on the property. If any owner or manager knows or suspects that any criminal activity or public nuisance is taking place on or immediately adjacent to the property, the owner and/or manager shall immediately notify the Village's Police Department of such fact and cooperate with the Village Police Department in any investigation that may ensue;

         o.   Knowingly make any false or incomplete or misleading statement about the owner's criminal background, or the criminal background of any other person with an ownership interest, in connection with any conditional use permit application submitted pursuant to this division;

         p.   Be in violation of any other requirement of this division, the zoning code, any Village ordinance or any rules or regulations promulgated under any of the foregoing.

      3.   Every vacation rental shall post, in a conspicuous place within the vacation rental, the name and telephone number of the owner or his or her manager, notice that the vacation rental shall have quiet hours from ten o'clock (10:00) p.m. and eight o'clock (8:00) a.m., an emergency exit floor plan, and the location of the fire and safety equipment.

      4.   Every vacation rental owner or its manager must be located within a thirty (30) mile radius of the vacation rental and must be available to respond to complaints at all times during the rental period. The name and phone number of the owner or the manager must be submitted to the Village Police Department as well as the fire protection district.

      5.   The kitchen of each vacation rental shall be cleaned and sanitized between guests and all opened or perishable food and beverages shall be discarded. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between rental periods of guests.

      6.   The owner or manager of each vacation rental shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any guest room to any new guest. The owner or manager shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

      7.   Any overnight parking for vacation rentals must be accommodated on the site or in another approved location, and parking, including overnight parking, shall be in conformance with zoning code requirements.

      8.   The owner or manager of the vacation rental shall compile a list of guests and their associated vehicle license plate numbers upon check-in, and shall make such information available to the Village's Police Department prior to the start of the rental term.

      9.   Vacation rentals shall adhere to the licensing and inspectional requirements as set forth in Titles 4 and 10 of the Glendale Heights Municipal Code.

   D.   Prohibitions. No conditional use permit for a vacation rental shall be issued to:

      1.   Any applicant, if such applicant or any other person with an ownership interest in the property on which the vacation rental is located, including co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation, has ever been convicted in any jurisdiction of a felony that is rationally related to the individual's fitness or capacity to operate a vacation rental;

      2.   Any applicant whose conditional use permit to operate a vacation rental or similar establishment at any location within or outside the Village has been revoked for cause within the last three (3) years;

      3.   Any applicant where the applicant or any other person with an ownership interest in the property on which the vacation rental is located, including co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation, is in default to the Village or other public agencies regarding payment of water and sewer charges, special taxes or assessments, parking and other Village violation citations or judgments, motor vehicle tax or any other taxes or fees that are due and unpaid by that person to the Village, or where there were delinquent property taxes owed to the County on the property on which the vacation rental is located, or any other property owned within the Village by the applicant or co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation.

   E.   Legal duties. Each owner who receives a conditional use permit for a vacation rental shall be required to:

      1.   Provide the Village with an insurance certificate, indicating that the applicant and the subject property are covered by liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence, for bodily injury and property damage arising in any way from the issuance of the conditional use permit. Each policy of insurance required under this division shall:

         a.   Be issued by an insurer authorized to insure in the State of Illinois;

         b.   Include provision requiring thirty (30) days' advance notice to the Village prior to the cancellation or lapse of the policy. The owner shall maintain the insurance required under this division in full force and effect for the duration of the conditional use for each vacation rental location. A single violation of this division shall result in suspension or revocation of the conditional use permit.

      2.   Maintain current guest registration records that contain the following information about each guest: The guest's name, address, signature, room assignment and dates of accommodation. The registration records shall be kept on file for three (3) years and, upon request by any authorized Village official, shall be made available for inspection by the Village official during regular business hours in case of an emergency.

      3.   Comply with all applicable accessibility, building, fire, life safety, property maintenance, and other applicable code requirements set forth by the State, County, Village or other applicable public agencies, including but not limited to the State Fire Marshal's requirements for one (1) and (2) family dwellings;

      4.   Conspicuously display within the vacation rental the name and telephone number of the owner, manager, notice of required quiet hours of ten o'clock (10:00) p.m. and eight o'clock (8:00) a.m., an emergency exit floor plan, and location of fire and safety equipment;

      5.   Fulfill all requirements of the Illinois Department of Revenue for operation of a vacation rental, including the payment of any applicable hotel taxes as set forth in Title 3 (Finance and Taxation), Chapter 2 (Village Taxes), Article F (Hotel and Motel Tax) of this municipal code.

      6.   Penalty. A violation if this ordinance is subject to a fine of not less than seven hundred fifty ($750.00) dollars, nor more than one thousand ($1,000.00) dollars for each offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any other penalty, suspension or revocation provided for by this division or by law, three (3) or more violations of this division, any Village ordinance or this zoning code, or any rules or regulations promulgated under any of the foregoing, by the owner, manager or related to the vacation rental property, on three (3) different days within any twelve (12) month period, shall result in a mandatory suspension of the conditional use permit. (Ord. 2023-53, 9-7-2023)

The following regulations shall specifically apply to food trucks, and to the extent of any conflict between the applicability of the provisions of this section and the remainder of this Chapter to food trucks, the provisions of this Section shall be deemed to be controlling for all purposes.

   A.   License Requirements.

      1.   It shall be unlawful for any person to operate a food truck within the Village, as defined in this Chapter, without first having obtained a license for that purpose.

      2.   These requirements shall not apply to those food truck operators that meet the exemption standards as set forth in Subsection F, herein.

      3.   Any person desiring to operate a food truck shall complete and submit a written application for such license to the Department of Community Development. The application for such license shall be on forms provided by the Department of Community Development and shall include the following;

         a.   A completed application as provided by the Village.

         b.   An application fee in the amount of Five Hundred ($500.00) Dollars.

         c.   The name, address, telephone number, and driver's license number of the individual applying for the license. If the applicant is employed by another person or entity, the name of that employer, its address and telephone number shall also be required.

         d.   A description of the nature of the food and beverages offered by the food truck along with the menu.

         e.   A description of the vehicle to be used in conducting business. Said description shall also include any signage or graphics displayed on said vehicle.

         f.   License plate number and registration of the food truck vehicle proposed to be licensed.

         g.   A detailed and dimensioned site plan or plat of survey that shows the location and relationship of the food truck and its accessory functions (i.e. trash receptacles, area where customers place and pick up orders).

         h.    A signed indemnification statement approved by the Village indicating that the vendor shall hold harmless the Village and its officers and employees, and shall indemnify the Village, its officers, and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried out under the terms of the license. The food truck operator shall also obtain or have in full force and effect commercial general liability insurance coverage insuring the food truck operator and the Village with respect to occurrences arising out of the activities authorized by the license, with such coverage having combined single limits of not less than one million dollars ($1,000,000.00) for personal injury and death and property damage per occurrence, and in the aggregate, which coverage shall specifically refer to this license, coverage of the Village shall be by written endorsement naming the Village as an additional insured. The food truck operator shall further maintain automobile liability insurance with coverage of not less than one million dollars ($1,000,000.00) for personal injuries or death per occurrence and one million dollars ($1,000,000.00) for property damage per occurrence.

         i.   Copies of all necessary licenses or permits required by the State of Illinois, the DuPage County Health Department, Fire District or other related applicable authorities for the operation of the food truck.

         j.   Lease agreement from the property owner.

         k.   When seeking a renewal, applicants must submit an accurate record of sales, organized by date, from the previous year. Upon request, the licensee must produce documentation in a manner acceptable by the Village sufficient to verify the record of sales, such as copies of IDOR sales tax returns, dated cash register records or numbered receipts.

   B.   Conditions of License.

      1.   Any food truck license issued by the Village shall be subject to the following conditions:

         a.   The annual license shall be affixed to the vehicle, and shall expire on December 31 of each year.

         b.   There shall be only one (1) food truck operator at any given time located on the property. For special events or occasions that my involve multiple food truck operators, the applicant(s) shall be subject to the terms and conditions and licensing requirements for a business license or Temporary Use Permit as set forth herein.

         c.   It shall be unlawful for any person to operate as a mobile food vendor within one hundred fifty (150) feet of any licensed fixed-location restaurant. The measurement shall be made from the nearest points of the food truck and the entrance of the fixed-location restaurant. This condition may be waived if the operator of the food truck has obtained written consent of the owner of the relevant business or food service establishment to operate within this minimum distance.

      2.   Applications failing to meet the foregoing conditions, or which disclose risks unacceptable to the Village shall be denied. A denial of an application may be appealed to the Village Board.

      3.   Each licensee must notify the Department of Community Development within thirty (30) days of any change to application information.

   C.   Use Restrictions and Standards.

      1.   Food trucks must be brought to a complete stop, with the ignition turned off, and be lawfully parked within the location approved for the license prior to commencing operations.

      2.   Food truck operators must provide or have garbage receptacles readily available for immediate use by customers of the food truck. Village trash receptacles are not to be used for this purpose. Such receptacles shall be removed from the site upon the conclusion of the food truck operations, and at all times when the food truck is not at the location for which the license has been approved.

      3.   Food truck operators must pick up, remove, and dispose of all garbage, refuse, or litter and shall otherwise maintain a clean and debris-free condition.

      4.   Food trucks must be located at least ten (10) feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way or emergency call box and must not locate within any area of a lot that impedes, endangers, obstructs, or interferes with pedestrian or vehicular traffic.

      5.   No alcoholic beverages may be dispensed from a food truck.

   D.   Hours of operation. A food truck may be open to the public only between the hours of seven o’clock (7:00) a.m. and nine o’clock (9:00) p.m., Monday through Sunday. Daily set up of a food truck may not occur before one (1) hour prior to the permitted opening time, and the end-of-the-day clean-up must be completed not later than ten o’clock (10:00) p.m. Food trucks shall not be parked on the premises from which they operate under license during the time period after end-of-the-day clean-up and before the permitted set-up time on the next intended day of operation. Hours of operating beyond these specified hours for special events conducted by an owner or occupant of the location proposed for the operation of the food truck may be authorized only with prior approval by the Department of Community Development.

   E.   Suspension/revocation of license. Operation of a food truck without valid licenses or permits from the Village, DuPage County Health Department and the State of Illinois, as required, shall be a violation of this division, and shall further render the food truck operator subject to proceedings for the revocation of its food truck license.

   F.   Exemption.

      1.   The licensing requirements for operating a food truck shall not apply to Village of Glendale Heights' sponsored events and activities.

      2.   Persons operating food truck on a temporary basis such as a festival, farmer's market, or other similar event(s) shall adhere to the standards set forth within this Title for a Temporary Use Permit.

      3.   Food delivery vehicles shall be exempt from the application of this division. The regulations of this division shall only apply to the food truck operators in connection with their operation of food trucks, as defined herein.

      4.   Food trucks used for temporary events such as fundraisers, not-for-profit or Village events do not require a food truck license, provided that all proper licenses and permits have been approved for the temporary event by the Village.

      5.   Food trucks that operate on a short-term basis shall adhere to the standards set forth in the Village's Temporary Use Permit guidelines and approval procedures.

      6.   Food trucks for private residential events shall not be subject to the requirements herein or those set forth within the Temporary Use standards as long as:

         a.   The event is for one (1) day only;

         b.   Is limited to only one (1) food truck;

         c.   Provides services to only those attending the event;

         d.   Is located or positioned such that said food truck does not obstruct traffic or utilities; and

         e.   Adheres to the following hours of operation: Sunday through Thursday: nine o’clock (9:00) a.m. to seven o’clock (7:00) p.m.; and Friday and Saturday from nine o’clock (9:00) a.m. to nine o’clock (9:00) p.m.

   G.   Enforcement and penalties. The Village may enforce the provisions of this division by filing an action in the Circuit Court for DuPage County, Illinois. Without otherwise limiting the foregoing, the Village may bring an action to collect payment of unpaid fees or to compel the licensee to take actions to comply with the requirements of this division. (Ord. 2023-53, 9-7-2023)