This Article provides supplementary regulations to be used in administering and interpreting the intent of this Chapter.

   (A)   Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.

   (B)   Noise emanation from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises, due to intermittence, beat frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

   (C)   No obnoxious, toxic, corrosive or radioactive matter, smoke, fumes or gases shall be discharge across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business.

   (A)   Authorization.

   Accessory uses are permitted in all zoning districts as provided herein.

   (B)   Use Limitations.

      (1)   No accessory structure shall be built prior to the construction of the principal use.

      (2)   No accessory structure shall be occupied or utilized unless the principal structure to which it is an accessory is occupied or utilized.

      (3)   All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.

      (4)   No accessory structure shall be used as a dwelling.

      (5)   All accessory uses and structures shall comply with the following height regulations, except as provided in Section 40-11-28 of the Article:

         (a)   No accessory building shall exceed fifteen (15) feet in height in any residential (SR or MR) district and shall not exceed the height of the principal building.

         (b)   No accessory building shall exceed twenty-five (25) feet in height in any commercial (GC, HC) or industrial (LI) district and shall not exceed the height of the principal building.

   (C)   Location.

      (1)   If an accessory type building shares a structural wall with a principal building, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this Chapter applicable to a principal building.

      (2)   If an accessory building is detached from the principal building, it shall be located at least ten (10) feet from the principal building in residential zoning districts and at least twelve (12) feet from the principal building in non-residential zoning districts.

   [Above text creates consistency with bulk regulations found in this Code.]

      (3)   No accessory structure or use shall be located in any required corner visibility triangle as established in Section 40-11-20 of this Article.

(Ord. No. 2017-11; 12-12-17)

   In any district where churches are permitted, the following additional requirements shall be met:

   (A)   For each seventy-five (75) seats (where benches are provides, each twenty-four (24) inches of said bench shall constitute a seat) or fraction thereof (not including Sunday school accommodations), the site shall contain at least one-half (1/2) acre of land.

   (B)   Each principal building shall be located at least twenty-five (25) feet from all property lines.

   Regulations for Communications Towers:

   (A)   The height of the tower shall not exceed one hundred (100) feet.

   (B)   The tower shall be set back from property lines a minimum of one (1) foot for every foot of tower height.

   (C)   Owners and operators of every communication tower approved after the effective date of this Chapter shall provide for the collocation of other communications providers on their tower for reasonable compensation.

   (D)   Prior to approval of a communication tower by the Village Board of Trustees, the applicant shall document this efforts to locate his antenna on an existing tower is not feasible.

   (E)   Additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the Village.

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

   Fences, walls or hedges used for any purpose shall in all districts conform to the following:

   (A)   For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than two (2) feet above the adjacent top of the curb elevation shall not be permitted to be planted, placed or erected on any corner lot within the triangular portion of land designated as "restricted area" in Section 40-11-20 of this Article.

   (B)   No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected or maintained except in agricultural districts.

   (C)   No permanent fence or retaining wall shall be constructed or erected within any public street or alley right-of-way unless authorized by the Village Board. Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed and, in event of necessity for removal of such fence for maintenance or other purpose, removal and/or replacement of such fence or other improvement shall be the responsibility of the property owner. In the event of necessity of removal, for maintenance or other purposes, of any fence or other improvement that has been previously erected in a public street, alley, right-of-way or public easement, removal and/or replacement of such fence or other such improvement shall be the sole responsibility of the property owner. Any fence constructed in accordance with the issuance of a City fence permit or in existence prior to the adoption of the City’s ordinance requiring fence permits may be repaired and/or replaced in its current location, unless it was erected improperly or interferes with the operation of any public street, alley, right-of-way or public easement.

   (D)   Fences, walls and hedges in any district may be located on lot lines.

   (E)   All proposed fence installations require an approval by the director of public works or his designate. Application is to be made at Village Hall.

(Ord. No. 2017-11; 12-12-17)

   (A)   Exemptions From Height Limits.

   The building height limitations stipulated in the applicable districts shall not apply to the following; provided, that no such structure exceeds the height limits for airport approach areas as established in this Chapter:

      (1)   Air-conditioning units.

      (2)   Antennas.

      (3)   Chimneys.

      (4)   Church Steeples.

      (5)   Communication towers.

      (6)   Flagpoles.

      (7)   Parapet walls.

   (B)   Encroachment Into Airport Approach Plan.

   No structure shall be erected to a height that would encroach into or through any established public or private airport approach plan prepared in accordance with the criteria established by the federal aviation administration.

   (A)   Applicability of Provisions.

   In residential zoning districts, home occupations shall be limited to those uses listed as permitted home occupations, or restricted home occupations which receive approval as a conditional home occupation.

   (B)   Permitted Home Occupations.

   Home occupations are permitted in any dwelling unit subject to the following provisions. Authorized home occupations are subject to the requirements of this Article, the respective zoning district regulations and the following:

      (1)   Such use shall be conducted entirely within a dwelling and carried on by the inhabitants there and no others.

      (2)   Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

      (3)   The total area used for such purposes shall not exceed the equivalent of one-half (1/2) the floor area, in square feet, of the first floor of the user's dwelling unit, if any; otherwise, the main floor of such dwelling unit.

      (4)   There shall be no advertising, display or other indications of home occupation on the premises, except the customary sign or nameplate for identification purposes only two (2) sq. ft. maximum sign surface area and affixed to the building).

      (5)   There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, except that of incidental retail sales made in connection with permitted home occupations. Sale of merchandise through internet or mail order catalog are permitted provided that the general public are not physically visiting the residence.

      (6)   There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material.

      (7)   There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

      (8)   The home occupation shall not generate more than six (6) business related visitation per day which shall constitute six (6) arrivals and six (6) departures by vehicles. This shall include customers picking up or dropping off merchandise, delivery or pick-up of merchandise by delivery vehicles, or employees associated with the home occupation.

      (9)   The home occupation shall be conducted only by family members residing on the premises with assistance from no more than one (1) non-family member not residing on the premises. Regardless of the number of home occupations on site, there shall be no more than one (1) non-resident employed on the premises.

      (10)   A home occupation, including studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation of not less than one (1) parking space for each three hundred (300) square feet of floor area (or fraction thereof) devoted to the home occupation. Such parking shall be provided on the same lot as the home occupation.

   (C)   For the purposes of this Section, provided all requirements contained herein are met, the following shall be considered home occupations:

      (1)   Professional office except clinic, hospital, mortuary, funeral home, nursing home, restaurant, veterinarian office, animal hospital, or similar uses.

      (2)   Art studio.

      (3)   Dressmaking or millinery.

      (4)   Teaching, with musical instruction limited to two pupils at a time.

      (5)   Data entry or similar computer work.

      (6)   Childcare for not more than 3 children not related to the occupant of the home.

      (7)   Home crafts, such as model making, rug weaving, lapidary work, and ceramics.

      (8)   Office facility of a salesman, sales representative, or manufacturer’s representative, provided no retail or wholesale transactions are made on the premises.

      (9)   Telephone sales and similar telephone-related uses.

      (10)   Other uses, as determined by the Zoning Administrator so long as the requirements of Section 40-11-9(B) are strictly adhered to.

   (D)   Restricted Home Occupations. A restricted home occupation is one which, as a result of visible exterior indication of business related activities occurring on the premises, requires a special use permit, and including the following:

      (1)   Bed and breakfast inn establishments.

      (2)   Beauty and barber shops.

      (3)   Commercial baking operations with net sales of up to One Thousand Dollars ($1,000.00) per month, so long as the sale and transfer of baked goods to customers is not occurring at the place of business.

      (4)   Other uses, as determined by the Zoning Administrator.

   (E)   Prohibited Home Occupations.

   The following are prohibited home occupations in residential districts:

      (1)   Dog grooming and kennels.

      (2)   Retail or wholesale shops.

      (3)   Small engine shops.

      (4)   Automobile repair.

      (5)   Taxi or limousine services.

      (6)   Delivery service.

      (7)   Clinics, doctor, dentist offices.

      (8)   Restaurants.

      (9)   Animal hospitals.

      (10)   Tea rooms.

      (11)   Other uses, as determined by the Zoning Administrator.

(Ord. No. 2017-11; 12-12-17)

   The following are additional requirements for manufacture/modular homes:

   (A)   Foundation.

   Reinforced footing and foundation wall shall meet the current adopted Building Code of the Village of Hamel.

   (B)   Building Structures.

   Floor, wall and roof structure shall meet the current adopted Building Code of the Village of Hamel.

   (C)   Plumbing.

   Plumbing shall meet the current Plumbing Code of the State of Illinois.

   (D)   Mechanical.

   Mechanical shall meet the current Mechanical Code adopted by the Village of Hamel.

   (E)   Electrical.

   Electrical shall meet the current National Electrical Code.

   (F)   Manufactured/Modular homes must be on the State of Illinois list of accepted homes by the Illinois Department of Public Health. These homes are inspected in the plant by the Illinois Department of Public Health before they leave the plant.

   (G)   Manufactured/Modular Homes are only allowed by Special Use Permit in a Manufactured/Modular Home Park.

   (A)   Purpose and Intent.

   It is the purpose and intent of this Section to permit the continuation of those lots, structures, uses and characteristics of use or combinations thereof which were lawful before the passage of this Chapter, but which would be prohibited, regulated, or restricted under the terms of this Chapter or future amendments. It is the further purpose and intent of the section to allow nonconforming lots, structures, uses, and characteristics of uses and combinations thereof to continue subject to specific conditions or limitations.

   (B)   Continuation of Nonconformities.

   Nonconformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of the section.

   (C)   Expansion or Change of Nonconformities.

      (1)   No nonconformity shall be enlarged or changed to a different nonconformity, except upon a determination by the zoning and building official that the change results in a lessening of the degree of nonconformity.

      (2)   Additions to nonconforming structures containing conforming uses shall be permitted if the additions comply with setback and other applicable site-related regulations.

      (3)   No non-conforming use shall be reinstated, changed, or extended without a certificate of occupancy having first been issued by the zoning and building official.

   (D)   Repair Or Alteration Of Nonconformities.

   Repairs, maintenance and improvements of nonconformities may be carried out; provided, that such work does not increase the cubic content of the building or the floor or ground area devoted to the nonconforming use or in any way increase or create a site-related nonconformity. The preceding requirement does not prevent compliance with applicable laws or requirements relative to the safety and sanitation of a building occupied by a nonconforming use.

   (E)   Cessation of Nonconformities.

   Any nonconforming use of land, structure, or an establishment having a site-related nonconformity which ceases operation for a continuous period of ninety (90) days or more, or if a nonconforming structure is removed for a continuous period of ninety (90) days or more, all nonconformities shall be considered terminated and shall not thereafter be reestablished.

   No commercial vehicle which is used for hauling explosives, gasoline, liquefied petroleum products, or any other "hazardous material" (as defined in Article II of this Chapter) shall be permitted to be parked in a residential area except for short periods of time (less than one (1) hour). No commercial vehicles shall be parked on any residentially used lot, in the street abutting such lot, or on residentially zoned land, except:

   (A)   Commercial vehicles not exceeding three-quarter (3/4) ton rated capacity used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway.

   (B)   Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation or other services specifically for the location where such vehicles are parked.

   Junk Vehicles: No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned property except when parked or stored in a completely enclosed garage or building.

   (A)   The Zoning Hearing Officer may recommend a planned mobile home park in any MR-2 Zoning District under a special permit as outlined in Article XIII of this Chapter. The planned manufactured home park is subject to the requirements of the manufactured park listed below and to the requirements of the district where the manufactured home park situated. The planned manufactured home park may also be subject to any additional regulations the Board deems necessary to insure compatibility of the park with the character of locality. In any district where manufactured home parks are permitted, the establishment of such accommodations shall be subject to the following requirements:

      (1)   Minimum lot size and minimum yard dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the manufactured home park is situated:

         (a)   A manufactured home park shall be located on a tract of land not less than five (5) acres in area, with minimum width and depth dimensions of two hundred (200) feet.

         (b)   Any building, structure, or mobile home shall be located at least twenty-five (25) feet from any front or rear lot line or any side lot line adjacent to a street and at least ten (10) feet from any other lot line.

      (2)   No building or structure within the manufactured home park will exceed the height of thirty-five (35) feet.

      (3)   Off-street parking and access ways.

         (a)   There shall be provided, within the boundaries of the manufactured home park site, not less than two (2) off-street parking spaces for each manufactured home space.

         (b)   The Manufactured Home Park Site shall have direct access to a public street or highway by an access way of at least forty (40) feet in width.

         (c)   Each manufactured home space shall be located within one hundred (100) feet of driveway or access way.

         (d)   Pavement and widths in access ways are subject to the requirements of the subdivision control ordinance.

      (4)   Individual manufactured home spaces. The minimum individual area, width and depth requirements for manufactured home spaces shall be as follows:

 

 

Spaces shall be arranged and manufactured homes parked in such manner that there is an open space of at least fifteen (15) feet by thirty (30) feet at the rear of and as a part of each manufactured home space.

      (5)   Only residential uses and uses accessory thereto shall be permitted in a manufactured home park.

   (B)   Temporary Parking - Manufactured Homes.

   The temporary parking of an individual manufactured home is permitted subject to the following regulations:

      (1)   An individual manufactured home may be parked outside the public right-of-way, as not otherwise prohibited, for a period of seventy-two (72) hours provided that no such manufactured home is parked nearer than twenty-five (25) feet to any right-of-way line abutting a public street.

      (2)   An individual manufactured home may be parked on a zoning lot for a period of two weeks provided that:

         (a)   Such individual manufactured home is parked in compliance with all setback requirements from any lot line or right-of-way line.

         (b)   A permit is secured by the property owner within seventy-two (72) hours from the zoning inspector of the Village, showing the date of issuance, name and address of property owner, address for which the permit is issued and the date of termination.

         (c)   All such permits shall be returned to the zoning inspector on or before termination.

         (d)   Not more than three (3) permits shall be issued to any property owner during any calendar year except on approval of the Zoning Hearing Officer.

(Ord. No. 2017-11; 12-12-17)

   In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following:

   (A)   Greenhouses heating plants shall be in an enclosed building and shall not be less than fifty (50) feet from any property line.

   (B)   Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent residential properties.

   In any district where municipally owned or other publicly owned buildings are permitted the following additional requirements shall be met.

   (A)   In any residential or agricultural district all municipal or other publicly owned buildings shall be located at least twenty-five (25) feet from all property lines.

   (B)   In no district, except Light Industrial (LI), shall there be any permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), except in an enclosed building or a solid fence not less the six (6) feet in height.

   Electrical sub-stations, gas regulator stations, or telephone exchange facilities in any residential or agricultural district shall be subject to the following regulations:

   (A)   No public office, repair or storage facilities shall be maintained in connection with such sub-stations or exchanges.

   (B)   The building housing any such facilities shall be designed and constructed to conform to the general character of the neighborhood.

   (C)   The area on which the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.

   (D)   Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot may be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards: lot depth shall not be less than the depth of the building plus the minimum required front yard plus the two (2) foot minimum rear yard.

   (E)   Where facilities or equipment are located outside the completely enclosed building, no such facilities or equipment shall be located closer than fifteen (15) feet to any side or rear lot line.

   (F)   If transformers are exposed, there shall be provided an enclosing fence or wall, at least six (6) feet in height, and adequate to shield view and noise of the same from the outside view the handling of materials on the premises.

   In districts where repair garages and gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements:

   (A)   In Repair Garages.

      (1)   All repair work, servicing, storage of parts and equipment and the dismantling of vehicles shall be done completely within an enclosed building.

      (2)   Vehicles in non-running condition may stored outside the building, but must be in an area enclosed by a solid fence six (6) feet in height for a period no longer than sixty (60) days. This area is in addition to the required parking for the business and shall not take up or be part of the required parking.

   (B)   In Gasoline Service Stations.

      (1)   All gasoline pumps, lubrication or similar devises and other service facilities shall be located at least twenty (20) feet from any street right-of-way line.

      (2)   All fuel and oil storage, pumps and other such fuel or lubricant dispensing devices shall be located at least twenty (20) feet from any side or rear lot line.

      (3)   No access drive shall be within two hundred (200) feet of a fire station, school, public library, church, park, playground, or other public assembly place.

      (4)   No accessory drive shall be within twenty (20) feet of any corner formed by the intersection of the rights-of-way of two (2) streets. On a corner where a traffic signal or stop sign exists, such entrance or exit shall be located at such distance and such manner so as not to cause or increase traffic hazard or undue congestion.

      (5)   All state and federal regulations shall take precedence if more stringent than Village regulations.

      (6)   A permanent curb of at least four (4) inches in height, shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length or the pump island.

      (7)   All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within, or immediately adjacent to the principal building.

   (C)   Additional criteria may be required by the Village Board of Trustees to protect the public health, safety and welfare.

   On every corner lot, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are thirty (30) feet from the intersection thereof shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided, that this requirement shall generally not apply to the trunk of a tree (but not branches or foliage) or a post, column or similar structure which is no greater than one (1) foot in cross section or diameter. Lateral vision shall be maintained between a height of thirty (30) inches and ten (10) feet above the average elevation of the existing surface of both streets measured along the center lines adjacent to the visibility triangle. (See Figure 1)

   (A)   The exterior of the structure shall maintain the appearance of a single-family dwelling.

   (B)   No proposed residential group home shall be located within six hundred (600) feet of an existing residential group home.

   (C)   There shall be one (1) bedroom for each resident of the residential group home.

   (D)   There shall be a statement of use or purpose of the residential group home.

   (E)   Other additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the Village may be required.

   (A)   Location.

   No swimming pool, whether public or private, shall be located in a front or side yard or closer than fifteen (15) feet to any side or rear lot line.

   (B)   Fences And Gates.

   Every swimming pool, including above ground pools that are more than two (2) feet deep, shall be enclosed by a wall or fence at least four (4) feet in height. The passage through such wall or fence shall be equipped with a self-closing gate.

   (C)   Easements.

   No portion of the pool, pool deck or equipment associated with the pool shall be placed in any easement. By way of example, this restriction includes raised decks, pervious or impervious brick pavers, waterfalls, water features, water slides, diving boards, staircases, pumps, electrical outlets and conduits, and pool lighting.

   (D)   All proposed pool installations require notification of the director of public works or his designate before work begins. Application is to be made at Village Hall.

(Ord. No. 2017-11; 12-12-17)

   All refuse generated by any establishment in the General Commercial or Highway Commercial districts shall be stored in tightly covered containers and places in a screened area. Trash and/or recycling containers or dumpsters shall be located within a building or, if placed on the building exterior and greater than two (2) cubic yards in size, within an enclosed structure surrounded by six (6) foot high walls. All enclosure/screening materials shall be compatible with the principal structure or of low maintenance sight-proof materials e.g. vinyl, “composite wood”, chain link with vinyl/”composite wood” slats added, to effectively screen the dumpster, brick, stone or textured and pigmented concrete blocks. An opaque gate made of low maintenance sight-proof materials e.g. vinyl, “composite wood”, chain link with vinyl/”composite wood” slats shall be included, to effectively screen the dumpster, or metal must be placed on the enclosure with a mortise/tennon-style plunger to secure the gate in both the closed and open positions. Enclosures shall be of adequate size to allow for removal and replacement of refuse and/or recycling containers by a trash hauler. Such trash enclosures shall not be located in the front yard of any lot and shall be located next to a parking lot rather than within a parking lot. Dumpsters located on a corner lot shall be placed behind the building line of subject property and the immediately adjacent property. (Ord. No. 2017-11; 12-12-17)

   The parking of not more than one (1) unoccupied camp trailer and/or utility trailer (not exceeding eight (8) feet wide and twenty-five (25) feet long) or recreational vehicle in the rear yard, garage or carport only is hereby permitted: provided that no living quarters or businesses shall be maintained in any such camp trailers and/or utility trailer or recreational vehicle, and provided further that the parking of camp trailer and/or utility trailer or recreational vehicle shall comply with the yard requirements for accessory buildings of the district in which it is located. The vehicle shall be parked on a paved surface.

   Used vehicles may be sold in the HC - Highway Commercial district by special permit based on the following criteria:

   (A)   Shall be located on a site of at least one (1) acre.

   (B)   All vehicles shall be in proper running order.

   (C)   Additional criteria necessary to protect the public health, safety and welfare may be required.

   When a use or accessory use is not specifically listed in the sections devoted to “Permitted Uses”, it shall be assumed that such uses are expressly prohibited unless by written order of the Village Board of Trustees it is determined that said use is similar to and is compatible with the uses listed and is expressly included as a permitted use in a zoning district. However, no such order may be made by the Village Board of Trustees without first having a public hearing, in such the manner prescribed by Article XIII of this Chapter, before the Zoning Hearing Officer. Any such proposed variation which fails to receive the recommendation of the Zoning Hearing Officer shall not be ordered except by a favorable vote of two-thirds (2/3) of all the Trustees.

   Mini-warehouses and self-storage facilities will be allowed in the Light Industrial District based on the following criteria:

   (A)   There shall be a minimum of one (1) parking space for each employee on duty and at least two (2) customer parking spaces.

   (B)   No gasoline, flammables, explosives or other dangerous materials may be stored, and no motor vehicles may be stored inside a storage building egress to the storage facilities.

   (C)   Such facility may contain a surfaced lot for the outside storage of motor vehicles, trailers, and recreational vehicle, and automobiles and light trucks of less than ten thousand (10,000) pounds gross weight. All such vehicles shall be registered and in operating condition, and shall be screened from the view of adjoining properties. No derelict vehicles shall be allowed. No repair, maintenance, and /or upgrading of motor vehicles, trailers, or watercraft shall be permitted on site.

   (D)   All storage facilities shall be separated by walls and ceilings. There shall be a minimum of twenty-four (24) feet of surfaced access way between buildings for purposes of ingress and egress to storage facilities.

   (E)   Each individual storage facility shall not exceed a width of twelve (12) feet, a length of thirty (30) feet and a height of nine (9) feet.

   (F)   The storage facilities shall be screened from streets and surrounding residential properties.

   (G)   Additional reasonable requirements, including but not limited to, access ways, billing locations, hours of operation, and an on-site resident manager, may be imposed for the protection of adjoining landowners.

(Ord. No. 2017-11; 12-12-17)

   Every part of a required yard shall be open and unobstructed from the ground to the sky, except as herein provided or as otherwise permitted in this Chapter:

   (A)   Accessory buildings or sheds may be located within a required rear yard, provided a minimum of five (5) feet is maintained from the side or rear property line and the structure is clear of all easements.

   (B)   Air-conditioning equipment, sprinkler system controls and similar mechanical equipment (including utility's pad mounted equipment) may project into any required yard; provided that the equipment is mounted in a manner contiguous to the building.

   (C)   An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten (10) feet and may project into side or rear yards at any distance so long as they do not encroach into any easements. However, said unroofed areas which are subsequently roofed must adhere to the applicable setbacks of the zoning district in which the structure is located.

   (D)   Cornices, eaves, gutters or other similar structural overhangs at least seven (7) feet above grade may extend up to eighteen (18) inches into any required yard: provided, that no such overhang shall extend to within four (4) feet of any property line. Permanent structural overhangs greater than eighteen (18) inches shall be assessed as part of the minimum setback for the zoning district in which the structure is located after being credited for the initial eighteen (18) inches.

   (E)   Fences and walls are allowed within required yard, subject to provisions of Section 40-11-7 of this Article.

   (F)   Gasoline pumps and pump islands associated with either a service station or as an accessory facility may be located within a front yard, provided they are located no closer than fifteen (15) feet to any public right of way.

   (G)   Off-street parking areas may encroach into the required front yard setbacks; provided that the encroachment does not extend into a required landscape buffer along the street frontage. Parking areas and driveways may encroach into required side yards of multi-family residential and nonresidential districts. On single-family zoned lots, driveways must be located a minimum of five (5) feet from the nearest side lot line at the point of intersection with the right of way.

   (H)   Open or enclosed fire escapes, outside stairways, balconies, and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.

   (I)   Satellite dish antennas may encroach into any side or rear yard.

   (J)   Sidewalks may be located within any required yard.

   (K)   Sills and similar ornamental features may extend six (6) inches into any required yard.

   (L)   Swimming pools may be located in a required rear yard, provided they are no closer than fifteen (15) feet to any side or rear property line and not within any easement. Decks or patios constructed in conjunction with any swimming pool may be located within a required rear yard; provided, that they are not located within an easement or closer than five (5) feet to any property line. (See Section 40-11-22)

   (M)   Trellises and trelliswork, play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates, and outdoor equipment are allowed within required yards.

(Ord. No. 2017-11; 12-12-17)

   Bed and breakfast inns and boarding house uses are a special use in all zoning districts except the MR-1 Multi-Family District, the MR-2 Multi-Family District, and the Light Industrial District (LI) where they are not allowed.

   If approved, Bed and Breakfast and Boarding Houses shall be subject to the following regulations:

   (A)   Bed and Breakfast Inns and Boarding Houses are subordinate and incidental to the main use of the building.

   (B)   Rooms used for sleeping shall be part of the primary structure and shall not have been specifically constructed for rental purposes.

   (C)   No exterior alterations, other than those required by law to ensure safety of the structure shall be made to any building for the purpose of providing a bed and breakfast inn.

   (D)   A minimum of two (2) parking spaces for the dwelling unit and one (1) additional for each guest room shall be required.

   (E)   In residentially zoned areas, identification signs shall not exceed sixteen (16) square feet in area and must be affixed to the Bed and Breakfast Inn or Boarding House structure.

(Ord. No. 2017-11; 12-12-17)

   (A)   Any commercial use of ten thousand (10,000) square feet or less of gross floor area within the GC and HC zoning districts seeking a drive-through facility in which to serve customers in parked or waiting vehicles shall be required to obtain a Special Use per the Division IV, Sections 40-13-35 to 40-13-39.

   (B)   Drive-through facilities shall adhere to the following requirements:

   At the time of the Special Use Permit application, a site plan must be provided to the Zoning Administrator. This site plan shall adhere to the following:

      (1)   The drive-through queue and/or order box associated with a drive-through facility shall be a minimum of one hundred (100) feet from the nearest lot line of any adjacent residential zoning district.

      (2)   Drive-throughs shall be limited to a maximum of two (2) lanes.

      (3)   Access to and from the site shall meet the appropriate minimum distance spacing between driveways and street intersections per the Subdivision Code.

      (4)   Drive-through facilities are discouraged from locating adjacent to the residential zoning districts. Where this cannot be achieved, a transitional buffer yard (TBY) is required. The TBY shall be ten percent (10%) of the lot width and/or depth along property lines shared with residentially zoned property, up to a maximum width of twenty-five (25) feet. Minimum TBY width shall be ten (10) feet.

      (5)   Drive-through lanes must demonstrate adequate stacking space. For restaurants, the recommended minimum total for vehicle stacking spaces is eight (8) in the drive-through aisle. Each stacking space length shall be nineteen (19) feet. For financial institutions and pharmacies, a minimum total of four (4) vehicle stacking spaces in the drive-through aisle. Applicants may provide evidence that a lesser number is reasonable at the time of site plan application to the Zoning Administrator.

      (6)   The drive-through queue shall not impede passage for required drive aisles. Queue lines which encroach onto adjoining lots/uses, off-site drive aisles or into the public street right-of-way shall not be permitted.

      (7)   To the extent feasible, stacking lanes shall be designed to be linear and straight, with a minimum of curves and turning movements and not wrapped around the building. Where appropriate, an escape lane shall be provided.

      (8)   There shall be a minimum distance of three (3) car lengths between the entrance to the stacking lane and the access to the site from a street and blocking access to parking spaces and loading and service areas is to be avoided.

      (9)   Lighting sources shall be directed away from adjacent residential properties. Exterior outdoor lighting shall be confined to the site, with zero (0.0) foot candles at the property line as shown on a photometric plan measured. Field measurements at the property line shall be taken to demonstrate no light spillover.

      (10)   Stacking lanes shall not be within the front yard setback.

      (11)   Clearly visible and appropriately placed directional signage at entrance and exit locations to stacking lanes shall be provided. This signage shall conform to the Sign Ordinance.

      (12)   The lot will establish a defined edge to the street through the use of walls, berms and landscaping (or combination thereof) to establish clear boundaries between the public and private spaces.

      (13)   Landscaping should be used to screen operational elements of the development such as stacking lanes, driveways, parking, utilities and services.

(Ord. No. 2017-11; 12-12-17)

   Produce stands may be erected and operated from May 1st in any year until October 31st in the same year. The setback requirement shall be as follows:

   (A)   Maximum height   15 feet

   (B)   Minimum distance to principal building   12 feet

   (C)   Minimum distance to front lot line   None

   (D)   Minimum distance to side lot line adjacent to street   25 feet

   (E)   Minimum distance to other side lot line   25 feet

   (F)   Minimum distance to rear lot line   20 feet

   (A)   Purpose.

   The provisions of this subsection are intended to establish zoning parameters by which solar and small wind energy systems may be installed in the Village of Hamel. Additional forms of renewable energy not addressed explicitly herein may be authorized subject to compliance with the applicable codes and standards of the Village of Hamel.

   (B)   Use.

      (1)   Except as authorized by the Village Board for public utility purposes, a renewable energy system shall be accessory to the principal permitted use of a site.

      (2)   Large wind energy systems are not permitted in any zoning district of the Village.

      (3)   No approval granted for a renewable energy system under the provisions of this title shall be construed to prevent ordinary or permitted building, landscaping, or other accessory improvements on adjacent properties.

      (4)   The renewable energy system shall provide demonstrable benefits in furthering the intent of this subsection and providing renewable energy to the property on which it is proposed.

      (5)   The establishment of the proposed renewable energy system will not prevent the normal and orderly use, development, or improvement of the adjacent property for uses permitted in the district.

      (6)   This Section 40-11-32 shall not apply to SR-1 - Single-Family Residential, SR-2 – Single-Family Residential, MR-1 – Multi-Family Residential and MR-2 – Multi-Family Residential districts.

   (C)   Permitting and Installation.

      (1)   A building permit issued by the Village is required prior to the installation of any renewable energy system.

      (2)   The owner of the renewable energy system shall ensure that it is installed and maintained in compliance with applicable building and safety codes adopted by the Village and any other state or federal agency of competent jurisdiction. To that end, all construction plans for a renewable energy system must be prepared, signed, and sealed by an Illinois licensed design professional.

      (3)   All small wind energy systems shall be equipped with manual and/or automatic controls to limit rotation of blades to a speed below the manufacturer’s designed limits.

      (4)   All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the building materials of the principal structure.

      (5)   The renewable energy system shall comply with the service rules and policies of the Village and the local electricity provider.

   (D)   Interconnection with Public Utilities.

      (1)   Energy produced by a renewable energy system shall be utilized on site, except for net metering as authorized by the Village, the local electricity provider, and other appropriate regulatory agencies required by law.

      (2)   The interconnection of any renewable energy system to the electric distribution grid located in the Village shall be in accordance with the Village’s and the local electricity provider’s rules and policies, including standard practices as may be amended from time to time.

   (E)   Illumination.

   Illumination of a renewable energy system shall be prohibited, except to accommodate co-installation of parking lot lighting luminaires or as required by the federal aviation administration (FAA) or other state or federal agency of competent jurisdiction.

   (F)   Commercial Signage.

   No commercial signage or attention getting device is permitted on any renewable energy system. A sign of a plain white background with black lettering not exceeding four (4) square feet in size shall be provided on each small wind energy system which indicates the emergency contact information of the property owner or operator.

   (G)   Mechanical Screening.

   There shall be no required mechanical screening for renewable energy systems.

   (H)   Height.

      (1)   A building mounted small solar energy system in a General Commercial (GC), Highway Commercial (HC) or Light Industrial (LI) zoned area may have a maximum height of five (5) feet as measured from the roof surface on which the system is mounted to the highest edge of the system provided, however, that the system shall not exceed five (5) feet above the peak roof height or five (5) feet above the maximum permitted height of the district, whichever is less.

      (2)   The maximum height of a freestanding small solar energy system shall be twelve (12) feet as measured from the average grade at the base of the pole to the highest edge of the system.

   (I)   Location and Setbacks.

      (1)   A small freestanding solar energy system shall not be located within the required front yard or side yard or in any utility, water, sewer, or other type of public easement.

      (2)   A small freestanding solar energy system is only permitted in the back yard.

      (3)   All parts of any small freestanding solar energy system shall be set back at least five (5) feet from the interior side and rear property lines.

      (4)   There shall be no required yard for building mounted small wind energy systems, except that such systems must be securely mounted to the roof of a principal structure and must be located at least two (2) feet from a public sidewalk.

      (5)   A freestanding small wind energy system, including all appurtenances and anchoring equipment, shall not be located within the required front yard or street side yard or in any utility, water, sewer, or other type of public easement.

      (6)   A freestanding small wind energy system shall be set back a distance equal to 1.1 times the system height, from the base to all property lines, third party transmission lines, freestanding wind energy systems, overhead electric distribution systems, and communication towers.

      (7)   The renewable energy system shall be located in such a manner as to minimize intrusions on adjacent residential or other uses through siting on the lot, selection of appropriate equipment, and other applicable means, including but not limited to, planting of green buffer zones along property boundaries.

   (J)   Studies.

   The owner of property desiring to install a small wind energy system shall provide the Village studies detailing how the installation of the system will impact the noise of surrounding property owners; the impact of the installation on migratory patterns of animals, and any other studies deemed appropriate by the Village.

   (K)   Noise.

   Measured at the property line, a small wind energy system shall not make noise in excess of sixty (60) dBa except during such short term events as utility outage or a severe windstorm. The Village may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of a small wind energy system in accordance with the performance standards as measured from the ground level at the nearest property line.

   (L)   Color.

   Small wind energy systems shall be monochromatic in color, finished with a neutral and non-reflective coating, such as white or light gray. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot.

   (M)   Unauthorized Access.

   Freestanding wind energy systems and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve (12) feet above grade.

   (N)   Access Protection.

      (1)   Solar access easements across contiguous or nearby lots, tracts, or land shall be created, if necessary, to establish a window of exposure to the sun so as to protect an existing or intended small or large solar energy system’s exposure to the sun from obstruction of buildings and vegetation. The owner of the small or large solar energy system shall provide proof that such easements exist to the Village prior to the installation of the solar energy system.

      (2)   Wind access easements across contiguous or nearby lots, tracts, or land shall be created, if necessary, to establish a window of exposure to the wind so as to protect an existing or intended small wind energy system’s ability to harness the wind from obstruction of buildings and vegetation. The owner of the small wind energy system shall provide proof that such easements exist to the Village prior to the installation of the small wind energy system.

      (3)   Such easements may be purchased, reserved, granted, or otherwise obtained.

      (4)   Adverse possession cannot create such an easement.

      (5)   An easement infringed upon is a compensable property right through private remedy.

      (6)   Solar access easements and wind access easements shall be recorded with the Madison County Recorder of Deeds and filed with the Village.

      (7)   Any person seeking a building permit to construct or modify any structure or building so as to increase the consumption of airspace over that lot shall certify in writing that no solar access easement exists over that lot.

      (8)   Should the Village determine that the proposed construction would intrude upon the easement, no building permit shall be granted.

   (O)   Application Procedure and Review.

      (1)   Application for Special Use Permit. A petition for a special use permit for a renewable energy system shall be initiated by application in accordance with the provisions set forth in Section 40-13-36 of this Code.

      (2)   Issuance or Denial of Special Use Permit.

   The Village Board may issue or deny a special use permit pursuant to Section 40-13-39 of this Code.

      (3)   Review.

   If the proposed renewable energy system requires review by the Zoning Hearing Officer, that review shall occur before final action is taken by the Village Board.

   (P)   Maintenance and Removal of Renewable Energy Systems.

      (1)   Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable Building and Technical Codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.

      (2)   If the Village determines that a renewable energy system fails to comply with the applicable provisions of this Code, the Village shall provide written notification to the property owner. The property owner shall have a period of one hundred twenty (120) days from the date of notification to either restore the renewable energy system to operation or remove the system.

      (3)   In the event such renewable energy system is not brought into compliance with this Code within the specified time period, the Village may remove or cause the removal of said facility at the property owner’s expense.

      (4)   The Village may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this Code or which constitutes a danger to persons or property is brought into compliance or removed.

      (5)   Any delay by the Village in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the Village’s right to take any action at a later time.

      (6)   The Village may seek to have the renewable energy system removed regardless of the owner’s or operator’s intent to said facility, and regardless of any permits that may have been issued or granted.

      (7)   After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property’s condition prior to the installation of the system.

(Ord. No. 19-02; 04-09-19)