A.   Use: No building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

   B.   Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village. (Ord. 381-87, 6-9-1987)

   A.   Maintenance Of Yards, Courts And Other Open Spaces: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any reason, be used to satisfy yard, court or other open space or minimum lot area requirements for any other building.

   B.   Division Of Zoning Lots: No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

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

   D.   Required Yards For Existing Buildings: No yards now or hereafter provided for a building existing on the effective date of this zoning title shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of the ordinance for equivalent new construction.

   E.   Permitted Accessory Buildings, Structures And Uses: The following accessory buildings, structures and uses are permitted and may be obstructions in the yards as follows:

 

 

 

         a.   Trees and shrubs, but not to create natural fences, hedgerows or barriers,

         b.   Flowers, and (Ord. 381-87, 6-9-1987)

         c.   Berms of only irregular patterns and shapes not to exceed 50 feet in length, not to exceed 2.5 feet in height above existing grade, not to create a barrier or restriction, not to redirect the natural flow of surface water runoff, and located not less than 10 feet from any street right of way.

         d.   Berms along major and arterial streets, in conjunction with significant landscaping, so as to create a sight and sound barrier between such major and arterial streets and adjoining property, in accordance with the provisions of section 10-3-10 of this code. (Ord. 821-98, 4-13-1998)

      23.   Gazebos which comply with all applicable ordinances, codes, rules and regulations, and are located no less than 20 feet from any side or rear property line; provided, however, in the case of corner lots, gazebos shall not occupy any portion of the area formed by extending any corner side yard rearward to the rear lot line. Gazebos shall not be enclosed so as to permit year round usage, although wire and fiber mesh screen material is permitted. Gazebos shall not be used for the storage of any household, lawn and garden or similar type equipment. Gazebos shall be constructed so as to maintain a minimum 60 percent opacity, as viewed from any side of the gazebo. (Ord. 606-94, 7-11-1994)

      24.   Book exchange boxes, commonly known as "little free libraries", in a public park or private park, owned and/or maintained by the village of Hawthorn Woods or an active homeowners' association ("HOA"), in accordance with the following:

         a.   Structure shall be visible from the right of way;

         b.   Structure shall not be located in the right of way or an established easement;

         c.   Structure shall be set back a minimum of 3 feet from any sidewalk or path so as not to obstruct or interfere with passersby;

         d.   The height of the structure shall not be more than 5 feet from finished grade as measured from the highest point of the structure;

         e.   The box size shall not exceed 23 inches wide x 25 inches tall x 21 inches deep. Any proposed box exceeding these size requirements shall require a variation request in accordance with section 9-16-7 of this title;

         f.   Box and post shall be comprised of a natural material and neutral in color. Any proposed structure comprised of different materials and/or color shall require a variation request in accordance with section 9-16-7 of this title;

         g.   Structure shall be nonpermanent in construction; that is, a temporary foundation comprised of concrete or masonry pavers or other similar movable material, or consistent with installation methods for village street signs and residential mailboxes, as approved by the village;

         h.   A structure proposed for installation in a private park owned and/or maintained by an HOA shall not be installed unless a signed letter from the president of the HOA requesting said structure and evidencing approval of the structure by the HOA is submitted to the village. The HOA letter shall include the following information:

            (1)   Site plan identifying the exact location of the structure;

            (2)   Box dimensions, including overall structure height, as well as box width, height, and depth;

            (3)   Structure materials - confirm natural material or proposed material, if other than natural;

            (4)   Explanation of how the structure will be affixed to the ground;

            (5)   Depiction of proposed structure, such as a photo or marketing material drawing; and

            (6)   A maintenance schedule that includes the contact information of the party responsible for maintenance;

         i.   A building permit shall not be required, but proposed structure shall require official administrative sign off by village staff;

         j.   A $25.00 review fee shall apply;

         k.   The village shall not be responsible for maintenance or removal of a structure in a park owned and/or maintained by an HOA;

         l.   The HOA shall be responsible for removal of the structure once it is no longer in use or at the discretion of the Village as it relates to nuisance or health, safety and welfare issues; and

         m.   With proper notice to the HOA, the Village shall retain the right to require removal of the structure if, in its determination, the structure becomes a nuisance or a health, safety, and welfare issue. (Ord. 1599-15, 10-19-2015)

      25.   Solar energy systems. See section 9-18A-4 of this title for requirements. (Ord. 1791-17, 10-23-2017)

   F.   Vision Clearance, Corner Lots: No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

      1.   In any residential district exceeding a height of three feet (3') above the street grade within twenty five feet (25') of the intersecting street right-of-way lines bordering corner lots; and

      2.   In any business or industrial district within twelve feet (12') of the intersecting street right-of-way lines bordering a corner lot; provided, that this regulation shall not apply to that part of a building above the first floor.

   G.   Exceptions For Existing Development Within R-2 And R-3 Zoning Districts:

      1.   Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variation of 5 feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

      2.   Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:

         a.   Where a building is to be erected within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.

         b.   Where a building is to be erected within one hundred feet (100') of an existing building on one side only, it may be erected as close to the street as the existing building. (Ord. 381-87, 6-9-1987)

   A.   Contiguous Parcels: When two (2) or more parcels of land, each of which lacks adequate area and dimension 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.

   B.   Lots Or Parcels Of Land Of Record: Any single lot or land, held in one ownership, which was of record at the time of the effective date of this title that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open spaces are not less than seventy five percent (75%) of the minimum required dimension of areas. (Ord. 381-87, 6-9-1987)

In all residential districts, a home business shall be permitted provided:

   A.   It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes;

   B.   It is not conducted from a detached or attached accessory building or require internal or external alteration or involve construction features or the use of equipment not customary in a dwelling, and an entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth (1/4) of the floor area of a story including also a cellar of the dwelling shall be devoted to such home occupation;

   C.   There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling;

   D.   No exterior storage or display of the business equipment, materials, merchandise, inventory or heavy equipment shall be permitted;

   E.   No shipping or delivery of merchandise, goods or equipment shall be by other than U.S. mail and/or more than one courier service per day or by passenger automobile;

   F.   The provisions of this section shall apply to activities that are permanent, temporary, or part time in nature;

   G.   An annual business license is obtained through the Village, unless exempted;

   H.   That any such home business is registered with the State of Illinois, if required;

   I.   That there shall be no manufacturing or processing of any kind, nor shall any hazardous material be used in conjunction with any home business.

In all residential districts, a special use permit shall be required for any home occupation conducted by any person whose business requires client or customer visits or meetings at the home business. This provision does not apply to instructions in music or educational tutoring, provided that the total class size does not exceed two (2) students at any one time. The special use provision of this section shall not apply to home occupation businesses established prior to the passage of the ordinance codified herein. (Ord. 1443-13, 2-19-2013)

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a street. (Ord. 381-87, 6-9-1987)

Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 381-87, 6-9-1987)

An area indicated on the zoning map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designated, and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the Village Board of Trustees. (Ord. 381-87, 6-9-1987)

   A.   Outdoor Parking: Except as otherwise provided in this section, no person shall park outdoors, store outdoors, occupy, or cause, permit or suffer the outdoor parking, outdoor storage or occupation of, any camping trailer, commercial vehicle, commuter vehicle, commuter van, farm tractor, house trailer, motor home, mini-motor home, van camper, pole trailer, recreational vehicle, road tractor, semitrailer, special mobile equipment, trailer, travel trailer, truck, truck camper, truckster, truck tractor or nonmotorized apparatus containing two (2) or more wheels on any land zoned or classified in any residence district within the Village. For the purposes of this section, the vehicles specified hereinabove shall be as defined in 625 Illinois Compiled Statutes 5/1-100 et seq., except that the term "recreational vehicle" shall also include boats, boat trailers, rafts, snowmobiles, snowmobile trailers, personal watercraft trailers, personal watercraft and motorcycle trailers. (Ord. 499, 9-9-1991; amd. Ord. 1049-03, 11-17-2003)

   B.   Permitted Activities: Subsection A of this section notwithstanding, the following activities shall be permitted: (Ord. 499, 9-9-1991; amd. Ord. 569-93, 8-16-1993)

      1.   Residents: The outdoor parking of not more than one recreational vehicle, Friday through Monday, provided such parking complies with all applicable statutes and ordinances. A permit shall not be required. A recreational vehicle may be covered by a tarp or tarpaulin.

      2.   Non-resident guests: Not more than two (2) times per calendar year, the outdoor parking of not more than one camping trailer, motor home, mini-motor home or van camper owned, leased or rented by a bona fide guest of the owner or tenant, for a period of not more than ten (10) consecutive days, provided a permit is obtained. A guest's recreational vehicle may be covered by a tarp or tarpaulin. (Ord. 1825-18, 3-26-2018)

      3.   The outdoor parking of trucks owned, leased or rented by contractors performing on site construction of improvements on the premises, for a period of not more than fourteen (14) days.

      4.   The outdoor parking of trucks, owned by the Village, on land owned by the Village.

      5.   The outdoor parking of trucks; provided, that such trucks do not display any commercial lettering, symbols, insignia or designation of any kind and that such trucks do not exceed three- fourths (3/4) of one ton of gross vehicle weight. (Ord. 499-91, 9-9-1991)

      6.   The outdoor parking of delivery trucks while such trucks are being loaded or unloaded, provided that such trucks are not parked overnight. (Ord. 569-93, 8-16-1993)

   C.   Displaying Vehicles For Sale: Parking an automobile, sport utility vehicle, motorcycle, boat or boat trailer for the purpose of displaying it for sale shall be permitted only in the driveway of the property where the owner of such automobile, sport utility vehicle, motorcycle, boat or boat trailer resides and only so long as such automobile, sport utility vehicle, motorcycle, boat or boat trailer is parked no closer than thirty five feet (35') to any street pavement line. No such automobile, sport utility vehicle, motorcycle, boat or boat trailer shall be parked anywhere else on such property, including, but not limited to, the front, side or rear yard or other buildable area of the property. (Ord. 1049-03, 11-17-2003)

Except as permitted above, it shall be unlawful to park any vehicle upon any street, public right-of-way or other public property or any private property in the Village, for the purpose of displaying it for sale (except by special use granted in the B Retail Business/Commercial District). For purposes of this subsection, the term "vehicle" shall have the definition set forth in 625 Illinois Compiled Statutes 5/1-217, except that said term shall also include boats, boat trailers, rafts, snowmobiles, snowmobile trailers, personal watercraft trailers, personal watercraft, nonmotorized apparatus containing two (2) or more wheels and motorcycle trailers. (Ord. 1049-03, 11-17-2003; amd. Ord. 1314-10, 1-19-2010)

The parking and display of any vehicle for sale shall only be permitted once in any twelve (12) month period and the length of time a vehicle is displayed for sale may not exceed thirty (30) days. (Ord. 1340-10, 7-19-2010)

   D.   Other Restrictions: In addition to the other restrictions set forth in this section: 1) no parking of a vehicle that is otherwise permitted by this section shall take place on any portion of a residential lot other than the paved driveway, and 2) no automobile, sport utility vehicle or motorcycle shall be parked anywhere on a residential lot other than the paved driveway; provided, however, that in the event of a special occasion or gathering, automobiles, sport utility vehicles or motorcycles may be parked in areas outside the paved driveway area for a period of not more than six (6) hours and not more frequently than one day per calendar year. (Ord. 1049-03, 11-17-2003)

   E.   Penalty: Any person violating any provision of this chapter shall be subject to penalty as provided in title 1, chapter 4 of this Code for each offense, and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or continues. (Ord. 1825-18, 3-26-2018)

Where a use is classified as a special use and exists as a permitted use on the effective date hereof, it shall be considered a legal use, without further action of the Village Board of Trustees, the Zoning Administrator, the Board of Appeals or the Plan Commission. (Ord. 381-87, 6-9-1987)

When a use is not specifically listed in the sections devoted to "permitted uses", it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Village Board of Trustees it is determined that said use is similar to and not more objectionable than uses listed. Such uses may then be permitted. (Ord. 381-87, 6-9-1987)

   A.   No commercial, business, retail, research, office, industrial or multi-family structure, or architectural entrance structure in accordance with subsection 9-3-2E4 of this chapter, shall be erected, nor shall exterior modifications to any such existing structure be made, unless the owner thereof has first obtained a certificate of approval therefor from the Village Board of Trustees. No certificate of approval shall be required for any public work or improvement of the Village. (Ord. 1643-16, 3-21-2016)

   A.   General: It has been determined that the unregulated construction and use of skateboard pipes or ramps in the village can be detrimental to the health, safety and welfare of residents of the village, and that regulation of these pipes and ramps is therefore essential.

      1.   "Skateboard pipe or ramp" shall mean any outdoor structure, whether or not permanently affixed to the ground, that has a semicircular or semioval shape and that is intended or used to permit persons on skateboards or roller skates to move continuously from one side to the other, or any other outdoor structure, whether or not permanently affixed to the ground, that has one or more surfaces designed, intended or used to permit persons on skateboards or roller skates to jump, to accelerate, to decelerate or to change directions.

      2.   "Height" shall mean the vertical height of a skateboard pipe or ramp measured from the established natural grade to the highest point on the pipe or ramp.

      3.   "Setback" shall mean the minimum distance between a specified lot line, measured along a straight line and at a right angle to such lot line, and the nearest point of any skateboard pipe or ramp.

   B.   Use On Public Property Prohibited: It shall be unlawful for any person to erect, place or use a skateboard pipe or ramp on any public street, right of way, park or other public property or to skate onto any public property by means of momentum obtained by the use of any skateboard pipe or ramp.

   C.   Restrictions And Requirements On Private Property:

      1.   No skateboard pipe or ramp shall be located in any nonresidential zoning district. No more than one skateboard pipe or ramp shall be permitted on any residential zoning lot.

      2.   Skateboard pipes and ramps having a maximum height of three feet (3') or less shall be permitted in all residential zoning districts and shall not require a building permit. Every such skateboard pipe or ramp shall be set back at least fifteen feet (15') from every lot line.

      3.   Skateboard pipes and ramps in excess of three feet (3') in height shall require a building permit and shall be permitted only in the R-1 one-family residence district and only in accordance with the following requirements:

         a.   Maximum height permitted: Five feet (5').

         b.   Minimum setback required from every lot line: Five (5) x height.

      4.   No skateboard pipe or ramp shall be located in any front yard, in any side yard adjoining a street, in the front half of any lot, in any easement, or in violation of any building line.

      5.   The area of land covered by a skateboard pipe or ramp shall be counted as "lot coverage" for purposes of lot coverage limitations established in each residential zoning district.

      6.   The longest dimension of every skateboard pipe or ramp shall face the dwelling unit on the zoning lot where such skateboard pipe or ramp is located. There shall be a fire separation of at least ten feet (10') between every skateboard pipe or ramp and every dwelling unit.

      7.   No skateboard pipe or ramp shall be wider than two (2) times the height of such skateboard pipe or ramp, measured by outside dimensions.

      8.   No skateboard pipe or ramp shall be longer than four (4) times the height of such skateboard pipe or ramp, measured by outside dimensions.

      9.   No materials or equipment of any kind shall be placed, kept or stored under the framework or structure of any skateboard pipe or ramp.

      10.   Every skateboard pipe or ramp that exceeds three feet (3') in height shall be constructed in accordance with recognized engineering standards, including, but not limited to, materials, connectors, dead loads, live loads and impact loads.

      11.   All structural members of every skateboard pipe or ramp that exceeds three feet (3') in height shall be enclosed with solid exterior walls made of the same material as the rolling deck of such skateboard pipe or ramp and such walls shall be insulated with sound deadening insulation, type R-13, to reduce noise generated by the use of such skateboard pipe or ramp.

   D.   Restrictions And Requirements For All Skateboard Pipes And Ramps:

      1.   It shall be unlawful to charge, to receive or give any consideration for the use of any skateboard pipe or ramp.

      2.   No more than one person shall use any skateboard pipe or ramp at any one time.

      3.   No skateboard pipe or ramp shall be used before twelve o'clock (12:00) noon on any Sunday or before nine o'clock (9:00) A.M. on any other day. No skateboard pipe or ramp shall be used after nine o'clock (9:00) P.M. or sunset, whichever comes first, on any day.

      4.   No skateboard pipe or ramp shall be lighted.

   E.   Applicability Of Provisions And Compliance: The provisions of this section shall apply to all skateboard pipes and ramps located in the village, whether constructed, erected, placed or maintained before or after the effective date of this section; provided, however, that in the case of any skateboard pipe or ramp in existence on the effective date of this section, the owner of such skateboard pipe or ramp and the owner of the zoning lot on which such skateboard pipe or ramp is located shall have a period of twelve (12) months from the effective date of this section either to remove such skateboard pipe or ramp or to bring it into compliance with the requirements of this section. (Ord. 534-92, 8-10-1992)

See the following pages of this chapter for various diagrams applicable to the provisions of this title. (Ord. 381-87, 6-9-1987; amd. Ord. 1314-10, 1-19-2010)

(Ord. 843-98, 9-14-1998)

(Ord. 381-87, 6-9-1987)

Personal wireless service (PWS) facilities shall not be installed, constructed or altered without first obtaining a building permit from the village. The regulations set forth in this section shall govern the installation of PWS facilities (including all collocation of such facilities on existing facilities), in addition to all other applicable provisions of this code. Applications for a building permit to construct PWS facilities shall be referred to the building department for review.

   A.   Purpose: The purpose of this section is to provide for the installation of PWS facilities and minimize the total number of PWS facilities throughout the village; encourage owners and operator of PWS facilities to locate them, to the extent possible, in areas where the adverse impact on the village is minimized; encourage owners and operators of PWS facilities to configure them in a way that minimizes the adverse visual impact of the PWS facilities; and to comply with the requirements of federal law.

   B.   Use Provisions/Location: PWS facilities (specifically includes no impact facilities without PWS towers) complying with the requirements of this section may be installed on lots in the M or I district as a special use. Notwithstanding the foregoing, the village may permit as a special use in any zoning district, PWS facilities when specifically located along existing overhead electrical high tension transmission lines or railroad tracks. Where there are existing PWS facilities located in any zoning district, collocation may be considered by a special use permit.

PWS facilities may be installed on zoning lots along with existing principal structures or uses. Lawfully constructed PWS facilities shall not be deemed to be either principal or accessory structures or uses, but shall be permitted additional structures. Such PWS facilities shall be included for the purpose of determining maximum lot coverage for the zoning lots so occupied.

   C.   Standards For Construction Of PWS Facilities: PWS facilities may be installed on lots as provided in this section, in accordance with the following:

      1.   Collocation: In order to minimize adverse visual impacts associated with the proliferation of PWS facilities, collocation of PWS facilities by more than one carrier on existing or new PWS facilities or other structures shall take precedence over the construction of new single use PWS facilities. The village may deny an application for special use permit or building permit to construct a new PWS facility if the applicant has not made a good faith effort to collocate the PWS facility on an existing PWS facility or other structure in accordance with the provisions of this section. If a new PWS facility is deemed to be necessary, then it shall be designed and constructed to accommodate more than one user, and shall include appropriate provision for the PWS facilities of such additional users.

      2.   Exceptions: No new PWS facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the village that no existing PWS facility or other structure can accommodate the applicant's proposed PWS facility. Evidence submitted to demonstrate that no existing PWS facility or other structure can accommodate the applicant's proposed PWS facility may consist of any of the following:

         a.   No existing PWS facility or other usable structures are located within the geographic area required to meet the applicant's engineering requirements.

         b.   Existing PWS facilities and other structures are not of sufficient height to meet the applicant's engineering requirements and cannot be adapted or retrofitted to meet those requirements.

         c.   Existing PWS facilities and other structures do not have sufficient structural strength to support the applicant's PWS antenna and related equipment.

         d.   The applicant's proposed PWS facility would cause unavoidable electromagnetic interference with an antenna or other facility on the existing PWS facility or other structures, or an antenna or other facility on the existing PWS facilities or other structures would cause unavoidable electromagnetic interference with the applicant's proposed PWS facilities.

         e.   The applicant demonstrates that there are other limiting factors that render existing PWS facilities and other structures unsuitable or unusable.

      3.   Type And Finish: Each PWS facility shall be aesthetically designed to blend in with the character of the site or be aesthetically camouflaged, such as designed to look like a pine tree, for example. Each PWS facility design shall be maintenance free. The design and finish shall be approved by the village board.

      4.   Structural Attachment: Each PWS tower shall be roof mounted (i.e., structurally attached to the roof of a building), freestanding (i.e., structurally attached to the ground), or mounted to high tension towers.

      5.   Installation And Maintenance: Each PWS facility shall be installed and maintained in accordance with all applicable local, state, and federal laws, including those of the FAA and the FCC, and the village's building regulations.

      6.   Security: Each PWS facility shall be equipped with an appropriate anticlimbing device or devices; and shall feature security wall and/or other appropriate security measures as detailed in subsection D2 of this section.

      7.   Number Of Towers: Not more than one freestanding PWS facility shall be installed on any zoning lot without a variance and special use.

      8.   Lighting: No PWS facility shall be artificially illuminated unless such is required by the FAA or other regulatory agency having jurisdiction in which case, such artificial illumination shall be limited to that which is so required.

      9.   Setbacks: Each freestanding PWS facility shall comply with all required setbacks for the zoning district in which such are located and further, shall be set back from any residential lot line a distance of not less than the height of the tower. Setbacks shall be measured from the nearest property line or street right of way to the base of the PWS facility.

      10.   Distance Between Towers: No freestanding PWS tower shall be installed less than five hundred feet (500') from any other freestanding PWS tower.

      11.   Height For Roof Mounted Towers: No PWS facility installed by structural attachment to a roof mounted PWS tower or directly to a building shall overhang or project more than twenty four inches (24") beyond the plane of any exterior wall of such building. No PWS facility installed by direct structural attachment to an existing structure shall exceed a total height of ten feet (10') above the height of such structure.

      12.   Height For Freestanding Towers: No freestanding PWS towers shall exceed a total height of twenty feet (20') above the zoning district's maximum building height, and no roof mounted PWS tower shall exceed a total height of twenty feet (20') above the height of the building to which it is attached, both as measured from grade to the highest point of the tower, including the height of any antennas attached thereto, unless the applicant can demonstrate to the satisfaction of the planning, building and zoning commission that more height is physically necessary in order to permit the provision of personal wireless services and no alternative location or locations exist which would permit the provision of personal wireless services without a tower of such height in which case, the tower shall not exceed the minimum height necessary to provide personal wireless services.

   D.   Aesthetics, Screening, And Wall: PWS facilities shall be designed so as to be aesthetically compatible with the surrounding buildings and land uses in the area in which they are located, to the extent practical, in accordance with the following:

      1.   All new PWS facilities shall be designed to use materials, colors, and textures, which will visually blend with the surrounding property.

      2.   A well constructed masonry or stone wall (not to include concrete masonry units [CMUs]), not less than eight feet (8') in height from finished grade shall be provided around each freestanding PWS tower and its accessory structures. The perimeter of such wall shall be landscaped in a natural manner consistent with the surrounding area. Canopy trees, ornamental trees, evergreens and other plant material may be used, subject to review by the planning, building and zoning commission and approval by the village board. Access to the freestanding PWS facilities shall be provided through a locked gate.

   E.   Abandonment And Removal:

      1.   Abandonment: One of the conditions of a special use permit shall be that all equipment, structures and foundations be removed if the antenna and/or the antenna support structure are not in service. The telecommunication service provider shall provide the village with a copy of the FCC notice that an antenna site is taken out of service. Failure to provide such copy of the FCC notice, or failure to remove the antenna support structure within four (4) months of the date of such FCC notice shall result in a daily fine of seven hundred fifty dollars ($750.00). In addition, the village retains the right to remove said antenna and/or antenna support structure after said four (4) month period and charge all costs and expenses of removal and restoration to the owner.

   F.   Application Requirements: Applicants for a special use permit and/or a building permit to construct PWS facilities shall provide the following plans, information and reports, in addition to any other requirements set forth in this code:

      1.   A site plan, drawn to scale, depicting the location, type and height of the proposed PWS facilities; on site land uses and zoning; adjacent land uses and zoning; adjacent roadways and proposed method of access; and setbacks from property lines.

      2.   A landscape plan depicting the method of screening and landscaping the PWS facilities in accordance with the provision of this section.

      3.   Architectural elevations of the proposed PWS facility and screening which indicate the proposed finished material and colors.

      4.   A current aerial photo depicting the location of the proposed PWS facility and delineating residential areas and the separation distance therefrom.

      5.   A legal description of the parcel.

      6.   Where the proposed PWS facilities include a new PWS tower: a) a report proving that a diligent effort has been made to locate the proposed PWS antennas on an appropriate existing PWS tower or other structure, and that, due to valid considerations including physical constraints, technical feasibility or refusal to lease by lessor, no other appropriate location is available; b) a technical report demonstrating by technological evidence that the height requested is the minimum height necessary to fulfill the site's function within the intended grid system; and c) an inventory of its PWS facilities within the village and within one-half (1/2) mile of the corporate limits of the village, including specific information detailing the location, height and design of each PWS tower or antenna.

      7.   A written statement by the applicant that the proposed PWS facilities will accommodate collocation of additional PWS antennas for future users, and that requests for collocation will be considered in good faith.

      8.   The operator of every personal wireless services facility shall submit to the village copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. (Ord. 1312-10, 1-19-2010)

   A.   Definitions: For the purposes of this section, the following definitions shall control:

    AESTHETIC DISREPAIR: Any visual deficiency relating to subjective attractiveness specifically limited to paint or other aesthetic coating or broken windowpanes, but shall not mean or include any structural disrepair.

   SHED: Shall mean, without limitation, any attached or detached structure, whether single-story or multiple-story, whether open on any side, including the front or back, which is used for any purpose, including, but not by way of limitation, shelter or storage of boats, motor vehicles, agriculture, chattel, tools, firewood, gardening supplies, farm equipment, animals, hobbies or hobby equipment including, without limitation, motorcycles or bicycles, workshops including, without limitation, repair shops, auto workshops, metal workshops or woodworking workshops, whether such shed is considered a lean to, permanent, portable or temporary structure constructed of wood, metal, vinyl, plastic, brick, fiberglass or any other material.

   STRUCTURAL DISREPAIR: Any physical flaw in need of repair with respect to the construction of the shed including damage, deterioration, decay and dilapidation to the following, including, but not by way of limitation, the foundation, floor, walls, roof, doors and windows.

   B.   Sheds Prohibited: From and after December 15, 2007, sheds shall be prohibited within the village. Any shed constructed, placed or installed after December 15, 2007, is hereby declared to be illegal and shall be subject to immediate removal.

   C.   Sheds Amortized: Any "shed" as defined herein, existing within the village as of December 15, 2007, or which shall thereafter come to be located within the corporate limits of the village by virtue of annexation, whether illegal, legal or lawfully existing nonconforming, shall be subject to the amortization provisions of this section.

   D.   Provisions Related To Amortization; Elimination Of Sheds:

      1.   No shed shall be changed, altered or expanded. No shed shall be moved to a new location. No shed shall be repaired except as hereinafter permitted.

      2.   If a shed falls into aesthetic disrepair, such shed shall only be repaired (i.e., repainted, refinished or the windowpane replaced) or eliminated (removed).

      3.   If a shed falls into structural disrepair it shall only be eliminated (removed). No shed with structural disrepair shall be repaired or replaced.

      4.   From and after December 15, 2007, upon the sale or transfer of any property upon which a shed is located, such shed shall be removed and eliminated prior to the closing or consummation of such sale or transfer.

      5.   Seven (7) years from and after December 15, 2007, all illegal, legal and lawfully existing nonconforming sheds, if not earlier removed and eliminated, shall be removed and eliminated. Said seven (7) year period shall for all purposes be deemed an appropriate amortization period for each and every illegal, legal and lawfully existing nonconforming shed located within the corporate limits of the village as of December 15, 2007, or which thereafter comes to be located within the corporate limits of the village by virtue of any annexation.

   E.   Inventory Of Sheds; Notice; Recordation: The village will develop and maintain an inventory of sheds existing within the corporate limits of the village. The village shall, as soon as practicable, notify in writing, by certified mail, return receipt requested, the owner of each shed of the existence of this section and provide a copy thereof. A copy of this section shall be recorded against every property on which a shed is located. (Ord. 1235-07, 11-26-2007)

   A.   Portable Storage Units: Portable storage units, which shall be limited to fully enclosed temporary storage structures, shall be permitted to be located outside of a building on real property, subject to the following conditions:

      1.   Maximum Number Permitted: Two (2) per zoning lot;

      2.   Maximum Size: No individual portable storage unit shall exceed one thousand one hundred (1,100) cubic feet in size;

      3.   Maximum Duration: The placement and usage of portable storage units on a property shall be limited to two (2) separate instances per calendar year, not to exceed thirty (30) consecutive days per instance;

      4.   Location: Portable storage units shall be kept on a solid dust free surface;

      5.   Encroachment Prohibited: Portable storage units shall not encroach into any easement;

      6.   Stacking Prohibited: Portable storage units shall not be stacked on top of any other portable storage unit, container, or similar structure;

      7.   Dumpsters Not Considered Portable Storage Units: Dumpsters, or other similar containers, shall not be considered portable storage units under this subsection;

      8.   Permit Fee: The property owner on whose property the portable storage unit is to be placed shall pay a permit fee per unit per instance as set forth in subsection 11-1-1K of this code.

   B.   Dumpsters: Dumpsters, or other similar containers, shall be permitted to be located outside of a building on real property where no building permit is required pursuant to title 8 of this code, subject to the following conditions:

      1.   Maximum Number Permitted: Two (2) per zoning lot;

      2.   Maximum Duration: The use of any dumpster on a property shall be limited to two (2) separate instances per calendar year, not to exceed thirty (30) consecutive days per instance;

      3.   Location: Dumpsters shall be kept on a solid dust free surface;

      4.   Encroachment Prohibited: Dumpsters shall not encroach into any easement;

      5.   Waste Not To Overflow: Debris or any other waste or items placed in a dumpster shall not exceed the top or sides of any such dumpster;

      6.   Stacking Prohibited: Dumpsters shall not be stacked on top of any other dumpster, container, or structure;

      7.   Portable Storage Units Not Considered Dumpsters: Portable storage units or other similar containers shall not be considered dumpsters under this subsection;

      8.   Permit Fee: The property owner on whose property the dumpster is to be placed shall pay a permit fee per dumpster per instance as set forth in subsection 11-1-1K of this code. (Ord. 1246-08, 2-18-2008)