In order to carry out the purposes of this Chapter, the City of Highland Park is hereby divided into the following zoning districts, listed in the order of restrictiveness with the most restrictive being shown first. These districts are necessary in order to classify, regulate and restrict the locations of dwellings, trades, industries, and the location of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit by the intensity of the use of the lot areas, and to regulate and determine the areas of yards, courts, and other open spaces within the surroundings of such buildings.

(A)

R1: Country Estate Residential District. This zoning district provides for single family residential and normal accessory uses in outlying or environmentally sensitive areas, where farming and conservation of land with ample open space is desirable or needed. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential and open space character.

(B)

R2: Country Home Residential District. This zoning district provides for single family residential and normal accessory uses in outlying or environmentally sensitive areas. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential and open space character.

(C)

R3: Low Density Residential District. This zoning district provides for low density residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(D)

R4: Low-To-Moderate Density Residential District. This zoning district provides for low-to-moderate density residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(E)

R5: Moderate Density Residential District. This zoning district provides for moderate density residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(F)

R5A: Moderate-To-Medium Density Residential Zoning District. This zoning district provides for moderate-to-medium density residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(G)

R6: Medium Density Residential District. This zoning district provides for medium density residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(H)

R7: Single- and Two-Family Residential District. This district is intended to provide for medium density single-family and two-family residential development and accessory uses. It is not intended to provide for multiple-family residential buildings having in excess of two dwelling units, commercial, industrial, governmental, recreational, or other non-single or non-two-family residential uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be permitted within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(I)

RM1: Medium-To-High Density Residential District. This zoning district provides for medium-to-high density multiple family residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(J)

RM1A: Medium to High Density Multiple Family Residential Zoning District. This zoning district provides for medium to high density multiple family residential and normal accessory uses. It is intended to be transitional in both use and intensity between service commercial and lower intensity multiple and single family land use and zoning. The base density is between the base densities permitted in the RM1 and RM2 zoning districts. The base density may be equal to the density allowed in the RM2 Zoning District by utilizing a bonus for the provision of affordable housing. It is not intended to allow commercial, industrial, governmental, recreational, or like uses; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(K)

RM2: High Density Residential District. This zoning district provides for high density multiple family residential and normal accessory uses. It is not intended to allow commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect the residential character.

(L)

RO: High Density Residential/Office District. This zoning district provides for a mixture of multiple family residential and compatible office uses in locations immediately adjacent to the greatest concentrations of commercial, transportation and cultural facilities. It is not intended to allow retail commercial, industrial, governmental, recreational, or like uses in this district; however, certain facilities required to serve educational, religious, or other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts. Certain facilities required to serve educational, outdoor commercial, and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(M)

B1: Neighborhood Commercial District. This zoning district provides for groups of small business establishments located to serve frequent retail, personal service, and general office needs of residents within convenient traveling distance, and for the employees of such establishments, and for the option of moderate density multiple family residential uses located above those establishments. It is not intended to allow major commercial or service establishments, which would attract substantial amounts of trade from outside the neighborhood. Certain facilities required to serve educational, outdoor commercial, and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(N)

B1A: Waukegan-Bloom Neighborhood Commercial District. This district is intended to provide for groups of commercial and office establishments located to serve both the frequent retail and personal service needs of residents within convenient traveling distance, and to complement and support uses within the adjacent Central Commercial District of the City of Highwood, as well as allowing for the portion of moderate density multiple-family residential uses located above first floor commercial uses. Certain facilities required to serve outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(O)

B2: Ravinia Commercial District. This zoning district provides for retail and service establishments located in the commercial center established when Ravinia was a separate village but which are now related primarily to the needs of the surrounding neighborhood. Certain facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(P)

B2-RW: Roger Williams Commercial District Overlay Zone. This district is intended to impose certain additional regulations on properties within the B2 zoning district and containing frontage along Roger Williams Avenue for the purpose of enhancing the Ravinia Commercial District as a viable and profitable retail center for the neighborhood. It is intended that only retail or retail-oriented service uses shall be allowed as allowed uses in first floor areas of all structures that have frontage along Roger Williams Avenue within this district, to result in the clustering of retail uses and exposing such uses to maximum pedestrian traffic, while keeping such traffic in concentrated areas. It is also the intent of this district to provide of comparison and complementary shopping among the retail uses. Non-retail-oriented service uses are allowed and encouraged on upper floor areas of all structures that have first floor frontage along Roger Williams Avenue within this district. These allowed uses are related primarily to the needs of the surrounding neighborhood, but existing and future focus of operations are not, and need not be, necessarily limited to that market area. It is intended that the district be broader than a neighborhood commercial district, but limited in scale and to a traffic generating capacity which can be handled by the existing street system. Certain non-retail-oriented service or office uses, or facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(Q)

B3: Highway Commercial District. This zoning district provides for commercial uses in locations which abut or front, and have access to, either directly or via frontage roads, heavily traveled multi-laned major roadways. These uses may include facilities related to the traveler or highway user, as well as commercial activities, which require large land areas and do not depend upon adjoining uses for reasons of comparison shopping and pedestrian trade. Certain facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(R)

B4: Commercial Service Districts. The B4-4, B4-5 and B4-6 districts collectively comprise the B4 Commercial Service Districts. The intent of these districts is to provide for the wide range of goods and services required by central business district firms, their employees, and visitors in close proximity to the core of highest development intensity. In addition, these districts provide residential density and building height to allow for multiple-family and mixed-use development in close proximity to, and supportive of, the Central Business District. The B4 Districts are also intended to include commercial uses that because of their single purpose shopping characteristics or their heavy traffic impact due to frequency of trip generations and types of required vehicles make them more appropriately located adjacent to the major roadways servicing the central business district, rather than relying primarily upon pedestrian traffic within that district. Certain facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the Districts as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(S)

B4-BG: Briergate Commercial District. This zoning district provides for the wide range of goods and services required by business uses in the Highway Commercial District, along with residential density and building height to allow for multiple-family and mixed-use development. This district is intended specifically for properties that abut or front, and have access to, Deerfield Road (either directly or via frontage roads). This district is also intended to include commercial uses that because of their single purpose shopping characteristics or their heavy traffic impact due to frequency of trip generations and types of required vehicles make them more appropriately located adjacent to Deerfield Road, rather than relying primarily upon pedestrian traffic. Certain facilities required to serve educational, outdoor commercial and other needs of the area maybe allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(T)

B5: Central Business District. This zoning district provides for the City's highest intensity core of retail, commercial, financial, and service facilities which tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity with high density multiple family residential uses located at the second floor and above being also encouraged to accommodate people disposed to urban living in proximity to employment, shopping and public transportation, thereby promoting a balanced downtown community. Certain facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(U)

Reserved.

(V)

HC: Health Care District. This zoning district provides for large scale development of health care and related uses with a master planned setting. Certain facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(W)

I: Light Industrial District. This zoning district provides for light manufacturing, processing, storage, wholesaling, and distribution operations; but also permits limited commercial uses. Certain facilities required to serve educational, outdoor commercial and other needs of the area may be allowed within the district as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly allowed uses and adjacent uses in other districts.

(X)

PA: Public Activity District. This zoning district provides for public, quasi-public, and institutional uses having purposes and impacts similar to governmental and special district facilities and that serve governmental, educational, religious, or recreational needs. It is the intent of this Code to create the PA district to avoid the problems inherent in locating governmental and special district facilities, permitted or conditional, in a zoning district with uses bearing no similarity to public, quasi-public, and institutional uses.

(Y)

LFOZ: Lakefront Density and Character Overlay Zone. This overlay zone is intended to impose additional lot dimension and density restrictions on newly subdivided lakefront lots in the R4 Low-To-Moderate Density Residential District for the purpose of protecting the density and character of the lakefront area. Many of the parcels along the lakefront are substantially larger than the minimum lot area requirements of the R4 District. This overlay zone is intended to preserve the spacious character and existing density of the area by requiring that any new subdivision in the overlay zone, with certain exceptions, complies with special average lot width and minimum lot area regulations. With the exception of the minimum lot area and average lot width requirements that specifically apply to lots in the LFOZ Overlay Zone pursuant to Section 150.703.1 of this Code, the R4 District regulations shall continue to govern property in the LFOZ Overlay Zone.

(Z)

SLOZ: South Green Bay Road Small Lot Overlay Zone. This overlay zone includes those lots in the R6 Medium Density Residential District area generally bounded on the west by Green Bay Road, on the north by Ravinia Road and Ridgewood Drive, on the east by the railroad tracks, and on the south by Blackstone Place existing on January 8, 2001, being the effective date of the Overlay Zone and regulations (the "Effective Date"). The lots in this overlay zone were platted prior to the adoption of this Code, and many do not comply with the R6 District regulations. The special lot area, lot width, and side yard regulations for the SLOZ Overlay Zone apply to lots existing prior to the Effective Date that have nonconforming conditions regarding the minimum lot area regulations or the minimum lot width regulations, or both, of the R6 District. Special regulations for the SLOZ Overlay Zone are not intended to apply to any new lot created by a subdivision of an existing lot in the SLOZ Overlay Zone after the Effective Date. With the exception of the minimum lot area, average lot width, and minimum side yard requirements that specifically apply in the SLOZ Overlay Zone pursuant to Section 150.703.2 of this Code, the R6 District regulations shall continue to govern property in the SLOZ Overlay Zone

(AA)

CDRO: Central District Residential Overlay Zone. This overlay zone is intended to provide certain additional allowed uses on properties within the B5 Zoning District for the purpose of enhancing the commercial pedestrian core of the B5 Zoning District as a viable and profitable retail and commercial center. It is intended to allow multiple family dwelling uses (entirely residential buildings) as a permitted principal land use only in certain specified areas within the overlay in the B5 Zoning District. This overlay in no way further limits or in any way precludes the use of properties within it for any other allowed use within the B5 Zoning District.

(Ord. 83-2000, passed 12/11/00; Ord. 01-01, passed 1/8/01; Ord. 32-01, J. 27, p. 130-135, passed 5/29/01; Ord. 33-01, J. 27, p. 136-139, passed 5/29/01; Section 150.401 amended in its entirety by Ord. 42-02, J. 28, p. 313-337, passed 7/8/02; Ord. 57-02, J. 28, p. 410-473, passed 9/9/02; Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; Ord. 76-13, J. 39, p. 232-237, passed 07/22/13; Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 2, passed 11/12/19; Ord. O32-2020, § 3, passed 2/24/20; Ord. O83-2020, § 2, passed 12/14/20; Ord. O66-2020, § 2, passed 10/26/20)

Every building hereafter erected, converted, enlarged, reconstructed or structurally altered, or every land use hereafter initiated, must be located upon a legal lot of record.

(A)

Single Lot.

(1)

No principal structure or use may be located upon a legal lot of record which contains any other principal structure or use unless: (i) approved as part of a special use in the nature of a Planned Development; (ii) located within the HC (Health Care) Zoning District; (iii) located within the B3 or I Zoning Districts (except as further regulated pursuant to Section 150.505(D) of this Chapter); (iv) located within a legal pre-existing principal structure; or (v) used for Multiple-Family Dwellings Only Above First Floor Permitted Commercial or Office Uses.

(2)

No expansion of or modification to any building located upon a legal lot of record which contains two or more legal pre-existing principal structures or uses is permitted, except: (i) one modification or expansion of less than 1,250 square feet may be completed within any 10-year period; or (ii) as approved as part of a special use in the nature of a Planned Development.

(B)

More Than One Lot. No principal structure or use may be located upon more than one lot of record unless such principal structure or use has been approved as part of a Planned Development, or unless such lot is located within the HC (Health Care) Zoning District.

(Sec. 150.402 amended by Ord. 35-2000, adopted 5/8/00; Ord. 81-07, J. 33, p. 694-703, passed 11/13/07; Ord. O77-2023, § 2, passed 12-11-23)

No building or premises, improved or unimproved, shall be used, and no building shall be hereafter erected, converted, enlarged, reconstructed, or structurally altered, except for a purpose permitted in the zoning district in which the building or land is located as shown in the Table of Allowable Uses contained in this Article as having a "P" located after such use; or, in the alternative, after a public hearing for a special use permit as set forth in Article XIV for those uses having a "C" located after such use:

(A)

In the aforesaid table, the uses listed in the horizontal rows with the letter "P" are permitted by right as a principal use in the zoning district listed at the head of the vertical column in which the letter "P" appears; similarly, the letter "C" indicates that the use is allowed as a conditional use in those zoning districts, subject to the regulations and procedures specified in this Chapter. The table does not consider accessory uses.

(B)

Drive-Through Facilities. For all land uses that are identified in the Table of Allowable Uses, to which there is a Drive-Through Facility as an accessory use:

(1)

If the development satisfies any of the criteria set forth in Section 150.505 of this Chapter, the land use and Drive-Through Facility shall not be permitted except upon issuance of a special use permit for a Planned Development in accordance with the procedures set forth in Articles V and XIV of this Chapter.

(2)

If the development does not satisfy any of the criteria set forth in Section 150.505 of this Chapter, the land use and Drive-Through Facility shall not be permitted except upon issuance of a special use permit for a conditional use in accordance with the procedures set forth in Section 150.411 of this Article and Article XIV of this Chapter.

(C)

The use of rights-of-way and easements for highways, public streets, public alleys, sidewalks, railroads, electric power lines, telephone lines, water mains, sanitary sewers, and storm sewers that belong to a governmental body or a public utility shall be considered permitted uses in all zoning districts.

(Ord. 41-15, J. 41, p. 120-156, passed 4/13/15)

(A)

The uses listed in the Table of Allowable Uses contained in this Article as either permitted by right or as conditional uses in the various zoning districts are considered principal uses.

(B)

Except as otherwise regulated by this Chapter, an accessory use, building, or structure is permitted to accompany the principal use to which it is subordinate where such principal use is either permitted by right or authorized by a special use permit.

(C)

A structure, building, or use of land may be erected or established as an accessory structure, building, or use to a permitted principal structure, building, or use, provided that:

(1)

It is located on the same lot of record occupied by the principal structure, building, or use;

(2)

It is compatible in character and extent with the principal structure, building, or use and the zoning district within which it is located;

(3)

It conforms with such other regulations as apply;

(4)

It is not prohibited by other City ordinances;

(5)

It shall not be erected or established prior to the establishment of the principal structure, building, or use, except as authorized by the City Council; and

(6)

It is customarily incidental to the principal structure, building, or use.

(D)

The manufacture or sale of weapons or ammunition, as a principal or accessory use, is prohibited.

(E)

Timeshare-Related Use, as an accessory or principal use, is prohibited within Single-Family residential uses.

(Ord. 56-15, Passed 5/26/15; Ord. O49-2025, § 3, 9/8/2025)

Any uses not specifically listed as shown in the Table of Allowable Uses contained in this Article as having a "P" located after such use; or, in the alternative, after a public hearing for a special use permit as set forth in Article XIV for those uses having a "C" located after such use shall be deemed prohibited. However, the City Council, upon recommendation of the Plan and Design Commission, shall have the right to permit any other use not specifically listed in the said Table of Allowable Uses without formal amendment, provided that the proposed use is similar to and compatible with those uses permitted in the zoning district in question and is consistent with the purposes of this Chapter, provided that:

(A)

Public meeting. Such determination by the City Council shall be made at a regularly scheduled public meeting of that body; and

(B)

Public Record. A record shall be kept of each additional use(s) allowed and such record shall be available for public inspection.

(Ord. 59-15, passed 6/8/15)

(A)

Until the construction of the main building has been actually commenced, no accessory structure or use may be constructed or initiated upon a lot and no accessory structure may be used for dwelling purposes.

(B)

Home Occupations. Home occupations are permitted accessory uses in residential districts provided the use does not change the exterior character of the building other than for the existence of a small nameplate not more than one (1) square foot in area. In connection with a home occupation there may not be the keeping, sorting, or maintaining of an inventory, equipment, or machinery; nor may there be any commodity located upon the premises or sold upon or from the premises. In addition, other than members of the immediate family residing on the premises, not more than one (1) person may be employed, nor may there be more than three (3) pupils, clients, or customers present at the same time, and no mechanical equipment may be used except such as is normally used for purely domestic or household purposes. No commercial vehicle used in connection with a home occupation may be stored or parked upon the lot except within a fully enclosed and closed private garage.

(C)

Sales in residential zoning districts. Not more than one sale in any calendar year is permitted on any given premises in a residential zoning district. Any such sale is subject to the following conditions:

(1)

The merchandise sold must be limited to household goods and furnishings, which have been in use in the dwelling unit(s) located on the premises;

(2)

Such sale may not extend over more than three (3) consecutive weekends;

(3)

Written notice of such sale must be delivered to, and received by, the Department of Police not less than three days in advance of the first day of the sale.

(D)

Automatic Teller Machines in the B5 Zoning District. Automatic Teller Machines are prohibited in the B5 Zoning District, unless the Automatic Teller Machine is accessory to a primary use and is located inside the structure containing the primary use.

(E)

Accessory outdoor seating for restaurants, nano-breweries, nanodistilleries, nano-meaderies, and nano-wineries is allowed on the same premises, in accordance with the following:

(1)

The majority of customer seating must be within the principal building, except for: (a) Outdoor Restaurants, for which the outdoor seating is the principal use; (b) nano-breweries, nanodistilleries, nano-meaderies, and nano-wineries that are not located within 175 feet of a parcel with ground floor residential use, and not located within the B1A or B2 zoning districts; and (c) nano-breweries, nano-distilleries, nano- meaderies, and nano-wineries that are located within 175 feet of a parcel with ground floor residential use, or that are located in the B1A or B2 zoning districts, upon issuance of a special use permit therefor; and

(2)

Every outdoor customer seat will be counted toward the maximum quantity of seating otherwise allowed within the principal building pursuant to this Chapter 150 or pursuant to the Building Code.

(3)

No outdoor sales or service may be conducted before 6:00 a.m. on any day, or after 10:00 p.m. on Sundays through Thursdays, or after 11:00 p.m. on Fridays and Saturdays, except upon issuance of a special use permit therefor.

(F)

Tents. In addition to all applicable regulations, including, without limitation, regulations set forth in this Chapter, tents may not be erected in the City except in compliance with Section 170.130 of this Code.

(G)

Storage Containers. In addition to all applicable regulations, including, without limitation, regulations set forth in this Chapter, storage containers may not be located upon property in the City except in compliance with Section 150.441 of this Code.

(Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; Ord. O32-2020, § 4, passed 2/24/20; Ord. O51-2021, § 3, passed 7/12/21; Ord. O26-2024, § 2, passed 3/11/24; Ord. No. O15-2025, § 2, passed 2/10/25; Ord. O27-2025, § 3, 4/14/2025)

No cellar in any building shall be used for residential cooking.

(Paragraph B Deleted by Ord. 24-07, J. 33, p. 180-181, passed 3/12/07; Ord. O28-2023;, § 2, passed 5/22/2023)

(A)

In the commercial and industrial zoning districts no use or accessory use may be conducted outside of a permanently constructed building, nor shall any outdoor storage or storage inside a trailer be permitted, except as provided below:

(1)

Principal uses are permitted as literally described and conditioned in the Table of Allowable Uses contained in this Article.

(2)

Outdoor accessory uses (including Christmas tree sales and temporary sales stands) may be permitted by the City Manager in conformance with the following requirements:

(a)

The permitted outdoor accessory use shall be for the purpose of direct retail sales only, not for storage;

(b)

The area of the permitted outdoor accessory use may not exceed 10 percent of the indoor gross floor area or 100 square feet (whichever is greater) of the related principal use on the same premises; and

(c)

Permission may be granted by the City Manager for a maximum term of 120 days only per calendar year for all uses other than food and beverage uses, and for a maximum term of 180 days only per calendar year for food and beverage uses; however, extensions may be granted by the City Manager upon request.

(B)

In addition to the accessory outdoor uses permitted in Section 150.408(A) in the commercial and industrial zoning districts, Temporary Vehicle Storage is permitted as an accessory use in the B3, I, R1, and PA Zoning Districts, but only in conformance with the following requirements:

(1)

Temporary Vehicle Storage may not include the cleaning, repair, maintenance, customer viewing, or test driving of the vehicles.

(2)

New Motor Vehicles may not be delivered to a Temporary Vehicle Storage site by a vehicle carrier truck.

(3)

Temporary Vehicle Storage must be limited to Surplus Off-Street Parking Spaces.

(4)

In the R1 and PA Zoning Districts, no Temporary Vehicle Storage is permitted except upon prior written approval by the City Manager, in his or her sole discretion, upon receipt of a written request therefor from the property owner and the applicant (if different), which request must include, without limitation:

(a)

The name, address and telephone number of the owner and applicant (if different);

(b)

The name, driver's license number, date of birth, and telephone number of an authorized and responsible agent of the applicant who has been designated by the applicant as the manager of the proposed Temporary Vehicle Storage;

(c)

The dates, times, and location of the proposed Temporary Vehicle Storage;

(d)

The expected and maximum quantity of New Vehicles that will be stored; and

(e)

A Site Plan of the Temporary Vehicle Storage area that:

(i)

Identifies the location of the Surplus Off-Street Parking Spaces to be used for the Temporary Vehicle Storage on the subject property; and (ii) demonstrates compliance with the setback regulations set forth in Section 150.408(B)(5) of this Chapter.

(5)

In Single Family Residential Districts, outdoor accessory use for Temporary Vehicle Storage must, to the maximum extent possible, be located in the least visible locations within parking areas. In the event that parking spaces used for Temporary Vehicle Storage are visible from nearby residential properties, the New Vehicles must be located at least 250 feet from the front lot line of the nearest property used for residential purposes.

(6)

No lot may be used for Temporary Vehicle Storage on more than 120 days in any calendar year.

(7)

No lot may be used for Temporary Vehicle Storage except upon the provision of public notice not less than 15 days prior to the commencement of Temporary Vehicle Storage, as follows:

(a)

The applicant must provide written notice of the Temporary Vehicle Storage, via personal service or United States mail, to all owners of all properties used for residential purposes and located within 250 feet (exclusive of dedicated rights-of-way) of the subject property; and

(b)

The applicant must post a sign on the subject property that states that the subject property will be used for Temporary Vehicle Storage.

(C)

Notwithstanding any other provision of this Chapter, no use classified as, or accessory to, an adult use cannabis dispensary, a medical cannabis cultivation center or medical cannabis dispensing organization may be conducted outside of a permanently-constructed building.

(Ord. 55-02, J. 28, p. 407-408, 9/9/02; Ord. 6-15, J. 41, p. 11-31, passed 1/12/15; Ord. 89-15, passed 11/30/15; Ord. O64-2020, § 2, passed 10/13/20)

Temporary buildings or trailers that are used only in connection with construction work may be permitted in any zoning district only during the period of construction subject to the following conditions:

(A)

The City Manager may impose conditions related to the following items to insure that temporary buildings or trailers have the least possible negative impact upon the adjoining neighborhood:

(1)

The required removal time;

(2)

The location on the construction site;

(3)

The presence or use of exterior lighting;

(4)

The presence of signs; and

(5)

The hours of use.

(B)

The City Manager may require a deposit of up to Five Hundred Dollars ($500) in cash, a letter of credit or other form of financial guarantee acceptable to the Corporation Counsel of the City to insure compliance with the conditions stated above.

(A)

Permitted Use. Health Care Campus.

(B)

Accessory Uses. Uses which are deemed accessory to the permitted health care campus uses within an HC (Health Care) Zoning District include, but are not limited to: bus shelters; chapels; convenience banking facilities, including but not limited to adult day care services; automatic teller machines; barber shops/hair salons; credit union offices; data processing centers; day or evening care facilities and kindergartens/child care facilities (including adult or child care); community living facilities; drug stores; dry cleaning facilities; general business offices; gift shops; recovery services; health club/fitness facilities; home health care facilities; libraries; lodging houses; medical appliance and supply stores; not-for-profit museums; underground or surface off-street parking; optical goods stores; pedways; pharmacies; postal service pick-up stations; radio, radar, television and cellular telephone towers; recycling collection points; restaurants; satellite receiving/communication devices; and other similar uses.

(C)

Conditional Uses.

(1)

Heliports;

(2)

Parking Decks - unless included in an approved Master Site Plan.

(D)

Minimum Size. This zoning district is intended to provide for the large scale development of health care and related uses within a master planned setting located on a minimum of ten (10) contiguous literal acres.

(E)

Master Site Plan Review. At the time any given land is zoned to lie within the HC (Health Care) zoning district, a Master Site Plan must be provided for such land and approved by the City Council and made a part of the ordinance rezoning such given land to the HC (Health Care) zoning district. The Framework Plan shall remain on file with the City Clerk. The purpose of requiring a Master Site Plan is to allow for building site plan review (as set forth below) of individual structures that may be located within a master planned development reflected on the Master Site Plan for the land located in the HC (Health Care) zoning district.

(F)

Building Site Plan Review.

(1)

Purpose. Building Site Plan review of the proposed footprint of a structure provides a means of determining whether a construction proposal conforms to the approved Master Site Plan and whether the proposed development meets the standards of the City as set forth in its zoning, subdivision, and land development ordinances.

(2)

Applicability. All proposed land development in the HC (Health Care) zoning district which involves construction of a structure, modifications or additions to an existing structure that will alter the existing footprint, and/or other substantial alterations to a site shall be subject to Building Site Plan review.

(3)

Procedure Preliminary to Building Permit Application.

(a)

Prior to filing an application for a building permit, the applicant shall submit twelve (12) copies of the Building Site Plan to the Director, whereupon the Director shall examine and evaluate the Building Site Plan in accord with the criteria set forth below:

(i)

The conformity of the Building Site Plan with the Master Site Plan and the applicable provisions of the Zoning Ordinance of the City;

(ii)

The conformity of the arrangement of the proposed structure on the site to the best use of the topographical features of the site, causing minimal adverse environmental impact on the natural resources of the site such as steep slopes, wetlands, and wildlife habitats (Where practical, site improvements shall not interfere with views to outstanding natural features or existing structures);

(iii)

The compatibility in use and visual character of all proposed structures, and other site improvements with the existing development (if any) on the subject site and with the adjacent property in the surrounding neighborhood;

(iv)

The creation of privacy and security for the site user by reason of the arrangement on the site of structures and their relationship to other site features;

(v)

The detention of stormwater runoff as close as possible to its point of origin, in conformance with the City's ordinances;

(vi)

The availability of adequate and efficient provision of municipal services by reason of the design of the site;

(vii)

The screening from direct view of utilities and service equipment such as gas meters, trash receptacles, loading docks, HVAC mechanical equipment, and storage tanks without eliminating access for maintenance or during emergencies;

(viii)

The existence of pedestrian and vehicular circulation systems which provide adequate and safe access to and within the site and which direct vehicular traffic to roads of appropriate capacity;

(ix)

The design, location, and screening of proposed parking areas or facilities in order to minimize adverse visual impact on adjacent properties (Perimeter parking lot screening shall be provided, and interior parking lot landscaping shall be required where necessary to mitigate large areas of pavement);

(x)

The improvement of the character of existing improvements by establishing and maintaining landscaping and on-site open space;

(xi)

The design, location, and installation of site illumination in a manner that will minimize adverse impacts on adjacent properties; and

(xii)

The overall design of all structures, uses, and site improvements so as to ensure that the use of the site is in conformance with all performance standards of the City and of the State of Illinois regarding health, safety and welfare of its citizens.

(b)

Following the review and evaluation of the Building Site Plan in light of the foregoing standards, the Director shall forward a report to the City Manager.

(c)

Upon receipt of the report of the Director, the City Manager may approve the Building Site Plan:

(i)

When the approval of the Building Site Plan will not constitute any deviation from the said Master Site Plan; or

(ii)

Whenever the approval thereof will cause a change to the Master Site Plan as in his judgment shall not constitute a substantial deviation from the theretofore approved Master Site Plan.

(d)

Before any changes approved by the City Manager may become effective, however, within seven (7) days of his receipt of the Director's report the City Manager shall notify in writing the City Council of such changes. In the alternative, the City Manager may determine that such change will constitute a substantial deviation from the approved Master Site Plan; and, in such event, he shall deny approval of the Building Site Plan.

(e)

Nothing in this procedure shall preclude at any time the applicant's right to return voluntarily to the Plan and Design Commission for review by the Plan and Design Commission of an amended Master Site Plan.

(4)

Action by City Council.

(a)

Upon its receipt of notice from the City Manager of his approval of a Building Site Plan, construction and development of which in his judgment will cause a minor deviation from the Master Site Plan, the City Council, at its next regular meeting, may reverse the approval of such Building Site Plan upon its finding that such approval will produce a substantial deviation from the approved Master Site Plan in that such change will significantly and adversely affect the surrounding neighborhood or the health, safety or welfare of the community.

In the event the City Council determines that construction of the proposed change pursuant to the Building Site Plan creates a substantial deviation from the Master Site Plan, then the City Council shall deny approval of the Building Site Plan.

(b)

At such meeting, in the event the City Council does so reverse the approval of the City Manager and deny approval of the Building Site Plan, the approval of the City Manager shall not be effective and shall not be forwarded to the Coordinator of the Building Division. However, in the event the City Council does not reverse the approval of the City Manager, the approval of the City Manager shall be effective and shall be forwarded to the Coordinator of the Building Division.

(5)

Amendment of Master Site Plan.

(a)

Upon its receipt of an application to amend an approved Master Site Plan (which application shall conform to the requirements for a zoning map amendment) the Plan and Design Commission shall conduct a public hearing and review the requested amendment of the Master Site Plan using the criteria set forth in the Framework Plan. When the Plan and Design Commission completes its review of an amendment to the Master Site Plan it shall forward its recommendation thereon to the City Council.

(b)

Following receipt of recommendations of the Plan and Design Commission with respect to any amendment of an approved Master Site Plan for the HC (Health Care) zoning district, by adoption of an ordinance the City Council may approve such amendment as recommended by the Plan and Design Commission, may modify the amendment, or may deny the amendment of the Master Site Plan and return it to the Plan and Design Commission for further consideration.

(Ord. 29-02, J. 28, p. 111-114., passed 5/13/02; Ord. 44-10, J. 36, p. 179-187, passed 5/10/10; Ord. 59-15, passed 6/8/15)

(A)

Purpose. Conditional use permits are intended to be a mechanism whereby specific special uses may be authorized on specific parcels of ground in zoning districts where they would normally be excluded, provided such uses are judged desirable to serve the cultural, recreational, educational, medical, governmental, religious, or specialized commercial and industrial needs of the adjacent neighborhood or the community as a whole.

(B)

Limitation on Location. Special uses may be located in a particular zoning district by conditional use permit only as permitted in this Chapter.

(C)

Procedure. The procedure for securing a conditional use permit shall be the same as the procedure for securing all special use permits outlined in Article XIV (Special Uses) of this Chapter.

(D)

Conditions. Aside from the minimum standards which may be imposed by this Article upon certain conditional uses, after reviewing an application for a conditional use permit and considering the unique features of the specific special use proposal, the Plan and Design Commission may recommend, and the City Council may require, such additional conditions upon the construction, location, and operation of any special use as shall be deemed necessary to insure that the use will meet the standards for special uses set forth in Article XIV (Special Uses) of this Chapter.

(Ord. 59-15, passed 6/8/15)

Whenever Dormitory Buildings exist as conditional uses on privately owned and operated golf courses, they shall be located in residential districts other than the RM1, RM1A, RM2, and RO zoning districts, subject to the following minimum standards and development conditions:

(A)

No more than forty (40) occupants shall be permitted to occupy a Dormitory Building.

(B)

Rooms in a Dormitory Building shall not be subject to lease and shall be restricted to employees of privately owned and operated golf courses located upon the same lot of record. Family members of employees shall not be permitted to reside in a Dormitory Building.

(C)

A Dormitory Building shall be generally screened from the view of one standing on private property adjacent to the golf course properties and, where visible from public property or rights-of-way, a Dormitory Building shall present an appearance in keeping with the character of residences in the surrounding community.

(D)

Outdoor recreation space of employees of the golf course shall be provided adjacent to the Dormitory Building and screened from the surrounding grounds.

(E)

Common cooking and dining facilities, and indoor recreational space shall be located within each Dormitory Building or in an adjacent accessory building.

(F)

Sleeping rooms of a Dormitory Building shall provide a minimum of 70 square feet of floor area per occupant. Sleeping rooms shall include secure space for the storage of clothing and personal items.

(G)

Off-street parking shall be provided for each Dormitory Building at a ratio of one parking space for every three (3) occupants of such Dormitory Building.

(H)

Although situated on the golf course land, a Dormitory Building shall be set back from golf course ownership lines in accord with the minimum setback from lot lines as required for the zoning district within which the Dormitory Building is to be located.

(I)

Whenever the main golf course use ceases for six (6) consecutive months, accessory uses incidental to such main uses shall cease, and in the case of Dormitory Buildings, such Dormitory Buildings shall be razed within thirty (30) days of the cessation of the principal use:the privately owned and operated golf course.

(Ord. 57-02, J. 28, p. 410-473, passed 9/9/02)

Whenever a Tennis, Racquetball, Handball, Swimming and Other Private Recreational Club exists as a conditional use in any residential zoning district other than the RM1, RM1A, RM2, and RO Zoning Districts, such Club shall be subject to the following minimum standards and conditions:

(A)

The minimum lot size shall be 10 acres.

(B)

The maximum allowable F.A.R. shall be 5 percent.

(C)

The maximum allowable Impervious Surface Ratio shall be 50 percent. For purposes of this Section, Impervious Surface Ratio is any area having a runoff coefficient of 0.5 or greater, including roofs, decks, patios, driveways, sidewalks and normal gradation graveled areas.

(D)

In all single family zoning districts, Private Recreational Clubs shall adhere to a special zoning yard requirement equal to a minimum of 50 feet from all lot lines comprising the perimeter of the Club.

(E)

An adequate landscape buffer shall be provided which shall include a mix of coniferous and deciduous plantings, and which shall be subject to review by the Plan and Design Commission on a case-by-case basis.

(F)

The principal use of a Private Recreational Club shall be located outdoors. The only uses allowed indoors shall be accessory uses. No playing court or swimming pool shall be allowed indoors.

(G)

Parking requirements shall be: three spaces per court for tennis, racquetball and handball courts, and one space per swimmer, based on 20 percent of swimming pool capacity.

(H)

Any lighting used to illuminate courts shall be directed or shaded to avoid casting direct light on any adjacent property or public right-of-way and the intensity of light shall not exceed ½ foot candle at the property line. It shall be unlawful to use unshielded light or any string of lights, and, further, it shall be unlawful to utilize outdoor court and/or swimming pool lighting, or conduct any outdoor activities before the hour of 8:00 a.m. and after the hour of 10:00 p.m. Sunday through Thursday and before the hour of 8:00 a.m. and after the hour of 11:00 p.m. on Friday and Saturday.

(A)

Purpose and Interpretation. The purpose of this Section is to provide specific regulations for the placement, construction, and modification of radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities. The provisions of this Section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this Section be applied in such a manner as to unreasonably discriminate between or among providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this Section are inconsistent or in conflict with any other provision of this Chapter, the provisions of this Section shall be deemed to control; provided, however, that this Section does not apply to "Small Wireless Facilities", as that term is defined in Section 53.102 of the Code, and no approval is required pursuant to this Chapter 150 for any small wireless facility.

(B)

Action by Plan and Design Commission and City Council.

(1)

Time for Action; Written Decision. Upon its review of any request by an applicant for any approval required under this Chapter to provide personal wireless service or to install radio and/or television towers and/or other transmitting and receiving equipment (including personal wireless telecommunications facilities), the Plan and Design Commission and City Council shall each act within a reasonable period of time after the request is duly filed with the City Clerk and a recommendation forwarded by the Plan and Design Commission, respectively, taking into account the nature and scope of the request. A recommendation to deny or a final decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. [Formerly Paragraph 150.414(A)(2)]

(2)

Modifications to or Replacement of Existing Facilities.

(a)

Non-Structural Alterations. Any non-structural alteration of any existing antennas, antenna support structures, or related appurtenances, including the repair, maintenance, replacement, or addition of new antennas or internal equipment in equipment structures may be undertaken only after approval pursuant to the design review process required by Chapter 176 of this Code; provided, however, that the applicant shall comply with all requirements in Paragraphs (C)(5) and (C)(6) of this Section.

(b)

Structural Alterations. Notwithstanding the provisions of Article IX of this Chapter, any proposed structural alteration to, or replacement of, existing antenna support structures, including towers hosting antennas, or related equipment structures shall be required to comply with this Chapter as though they are a new structure.

(3)

Other Relief by Special Request. Should the application of this Section have the effect of prohibiting a person or entity from providing personal wireless service or other telecommunications service to all or a portion of the City, or discriminating against such a person or entity in their provision of such service, such provider may petition the City Council for (a) an amendment to this Section in the manner provided in Article XV of this Chapter, or (b) a variation from an applicable standard in the manner provided in Article XII of this Code. The City Council, upon receipt of such a petition, shall promptly undertake review of the petition and shall, or if applicable, shall direct the Zoning Board of Appeals to, make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition. A decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. [Formerly Paragraph 150.414 (A)(3)]

(4)

Public Safety Telecommunications Facilities and Public Utility Infrastructure Facilities. This section 150.414(B) does not apply to: (a) any Public Safety Telecommunications Facility that may be installed, operated, and used as a permitted use, as provided in the Table of Allowable Uses set forth in this Article; or (b) any Public Utility Infrastructure Facility that may be installed, operated, and used as provided in Section 150.419 of this Chapter.

(C)

Criteria for Cell Sites and the Placement of Radio and/or Television Tower and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities. Subject to the terms, conditions, provisions, and limitations of this Section, including those set forth below, all antennas and antenna support structures shall, at all times, be subject to the applicable standards, regulations, and requirements at all times of those zoning districts in which they are located, and all requests for relief under this Chapter shall be subject to the applicable standards for special use permits, conditional uses, and variations, as appropriate:

(1)

Antenna Height. Each applicant for a special use permit shall demonstrate that antenna height is the minimum required to provide satisfactory operation of the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunications facilities. No antenna height that is higher than such minimum shall be approved. In the case of personal wireless services facilities placed on antenna support structures intended to support other public utilities as a primary use, each of the antennae and any overhead lines strung between the involved antenna support structures used for the operation of the personal wireless services shall be located at the maximum height on the designated antenna support structure permitted by the public utility provider, but shall not be installed less than 12 feet above the base of the antenna support structure. The applicant shall submit plans and supporting technical reports and certifications specifying the antenna support structure's fall-zone area and designated "snap" area.

(2)

Color. Antenna support structures and antennas shall have a finish color of non-contrasting black, blue, gray, or other color which minimizes the visibility of the antenna support structure.

(3)

Aesthetic Design Compatibility. Radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities, shall be compatible architecturally with adjacent buildings and land uses or otherwise integrated, through location and design, to blend in with existing characteristics of the site to the extent practical. Building mounted facilities shall be stepped back from the front facade, and any other sides of the building that are open to public viewing, in order to limit their visual impact on the building's silhouette. Site location and erection of a radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunications facility shall preserve the pre-existing character of the site as much as possible. Existing vegetation shall be preserved and improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance will result in less visual impact of the site upon the areas adjacent thereto.

(4)

Screening Stealth Designs. Where possible, towers and roof and wall mounted facilities should be camouflaged by screening materials or stealth designs, including, without limitation, the use of elements such as church steeples, spires, bell towers, smokestacks, radio towers, street lights, or fiberglass tree towers.

(5)

Technical Design, Coverage, and Capacity. All applicants shall provide one or more coverage and capacity analyses to demonstrate that the location of the antenna or antenna support structure as proposed is necessary to meet the frequency use and spacing needs of the personal wireless services facilities. In addition, all applicants shall provide an ambient and predictive radio frequency emissions report, prepared by an Illinois registered professional structural engineer that is not on retainer with the applicant, to demonstrate the cumulative impacts of the proposed facility and any other existing or currently proposed facilities on the subject lot and all lots that are adjacent to and/or abut the subject lot. Antennas shall be constructed to the then current standards of the Electronic Industries Association, the FAA, and the FCC. Guyed towers are prohibited.

(6)

Co-Location. Co-location of other radio and/or television towers and/or other transmitting and receiving equipment or personal wireless telecommunications facilities on the same antenna support structure shall be encouraged to the maximum extent possible, so as to minimize the proliferation of antennas and antenna support structures. The number of positions to be available for co-location shall be based on the capacity of the facility, which shall be based on technical and capacity information and analysis submitted by the applicant and evaluated by the City. The applicant shall be required and shall agree to provide information to other personal wireless service and other providers seeking potential co-location positions.

(a)

Additional Required Submittals for Co-Location. In cases where an applicant intends to co-locate on an existing or approved antenna support structure or provide a co-location structure, the applicant shall provide, at a minimum, the following submittals to the City;

(i)

A statement prepared by an Illinois registered professional engineer regarding co-channel interference and potential intermodulation interference. The report shall specifically include information regarding potential interference with City, county, state, and other governmental and public services and radio, television, and other services enjoyed by occupants of the site and adjacent residential and nonresidential properties;

(ii)

An ambient and predictive radio frequency emissions report, prepared by an Illinois registered professional structural engineer that is not on retainer with the applicant, to demonstrate that co-location is feasible;

(iii)

After co-location on an existing antenna support structure, the applicant shall provide a radio frequency emissions report prepared by an Illinois registered professional engineer who is not on retainer with the applicant. The report shall include data on predictive and cumulative radio frequency measurements; and

(iv)

Copies of leases or other agreements between the owner of an existing antenna support structure and all co-locators that contain provisions allowing termination of the lease or relocation of the antenna facilities in the event that an antenna or other antenna support structure must be dismantled.

(b)

Additional Required Submittals where Inability to Co-locate is Alleged. In cases where an applicant claims an inability to co-locate on an existing or approved antenna or antenna support structure, the applicant shall provide, at a minimum, the following submittals to the City:

(i)

Evidence that the applicant has sought and been denied the opportunity to co-locate its radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunications facilities on an existing antenna or antenna support structure; and evidence that the applicant has made adequate efforts, but is unable, to obtain a site for its facilities within the B3 Highway Commercial District. [Formerly Subparagraph 150.414(C)(1)(b)]

(ii)

A report regarding the applicant's co-location efforts, detailing contacts and negotiations with other service providers within the applicant's search area, without regard for municipal borders. The report shall provide specific details regarding the infeasibility of co-locating including statements that demonstrate, without limitations, the following:

(aa)

The new facility would exceed the structural capacity of an existing antenna support structure;

(bb)

The new facility would cause interference with other existing or planned equipment at the antenna or antenna support structure that cannot be corrected;

(cc)

Existing or approved antenna support structures cannot reasonably accommodate the new facility at the height necessary for the proposed new facility to provide services to the residents and businesses of the City and the area;

(dd)

The owners or lessors of the existing or approved antennas or antenna support structures are unwilling to allow co-location upon their facilities; and

(ee)

The owners or lessors of the existing or approved antenna support structures will not offer a commercially reasonable market rate for a co-location lease.

(iii)

Payment to the City for any expenses the City incurs in retaining a technical expert to confirm that each site within the applicant's search area would not be conducive for co-location.

(c)

Revocation. The City may revoke an existing special use permit or other approval under this Chapter for a site on which it is determined that an existing service provider has not demonstrated good faith to provide co-location, where possible, at commercially reasonable rates to other service providers.

(7)

Equipment Structures. All ground level equipment structures shall comply with the requirements of the Highland Park Building Code, shall be designed to be consistent with the architectural styles, materials, and roof designs typical of the vicinity in which the facility is located, shall have a floor area not exceeding 300 square feet per provider nor a height exceeding 12 feet , and shall be screened by non-deciduous plantings from the view of persons of at least six feet in height who stand 100 feet from all adjacent lot lines. Where feasible, equipment shelters shall be located in underground vaults or fully enclosed buildings and shall have the capacity, or shall be designed in a manner, to easily allow expansion and to house the equipment of potential co-locators.

(8)

Noise. Unless the applicant demonstrates that the proposed facility will generate no increased sound levels as measured at the property line of the subject property during [the hours of 5:00 p.m. to 9:00 a.m. the next day], ground mounted equipment shall be surrounded with solid masonry or concrete walls.

(9)

Fencing. In order to thwart unauthorized access and minimize any danger to persons, all antennas, antenna support structures, and ground level equipment structures shall be fenced from adjacent areas by a six-foot high fence otherwise meeting the requirements of this Code.

(10)

Lights and Signs. Unless required by the FCC and/or the FAA, lights, signals, and/or signs of any kind are prohibited on any radio and/or television tower and/or other transmitting and receiving equipment, including a personal wireless telecommunications facility.

(11)

Off-street Parking. Paved off-street parking adequate to provide parking for at least two trucks shall be required to be installed upon the lot for which any special use permit is issued.

(12)

Setback. The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility, including the required fencing, shall be set back from adjacent lot lines and existing buildings and structures as determined by the primary use of the antenna support structure and any single family dwelling, child care facility, day nursery, preschool or educational institution that may be within the specified distance, in accordance with the following table:

(D)

Prohibited Placement of Radio and/or Television Tower and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities. No public utility service use which satisfies the definition of personal wireless telecommunication facility shall be permitted in any zoning district in the City unless it complies with all applicable federal laws and regulations concerning its use and operation.

(E)

Continued Compliance. All applicants shall provide reports to the City, prepared by an Illinois registered professional engineer, not on retainer with the applicant, certifying continued compliance with current Federal radio frequency emission standards on an annual basis or upon modifications to equipment and facilities.

(F)

Obsolete or Unused Support Structures, or Other Abandon Facilities. All obsolete, damaged, unused, or abandoned antenna towers, antenna support structures, and accompanying accessory facilities shall be removed no later than 90 days after the end of a twelve month period of continuous cessation of operations. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of twelve consecutive months. The site shall be restored to its original or improved state after the facilities are removed. The terms and conditions of a bond to assure removal of support structures and accessory facilities shall be specified in any special use permit granted for the installation or upgrade of telecommunication facilities.

(Ord. 11-98, passed 1/26/98; Ord. 57-02, J. 28, p. 410-473, passed 9/9/02; Ord. 69-02, J. 28, p. 516-525, passed 11/12/02; Ord. 63-07, J. 33, p. 434-436, passed 7/23/07; Ord. 28-10, J. 36, p. 105-109, passed 3/22/10; Ord. 44-10, J. 36, p. 179-187, passed 5/10/10; Ord. 69-14, J. 40, p. 194-199, passed 07/14/14; Ord. 104-14, J. 40, p. 292-298, passed 12/01/14; Ord. 59-15, passed 6/8/15; Ord. O76-2018, § 7, 10/15/18)

(A)

General Regulations. Solar energy systems are permitted as accessory structures and uses in all zoning districts, and as principal structures and uses to the extent designated in Section 150.490 of this Chapter, but only in compliance with the provisions of this Section 150.415.

(B)

Location and Bulk Regulations.

(1)

General. Solar energy systems are only allowed to be mounted on the roof of a structure, or installed on the ground.

(2)

Maximum Area.

(a)

No accessory ground-mounted solar energy system, inclusive of accessory equipment, may exceed 10% of the area of the zoning lot, except upon issuance of a special use permit therefor (for which notice need not be provided in accordance with Section 150.1403 of this Code, but must be provided in accordance with Section 150.1203 of this Chapter). In no event may a ground-mounted solar energy system in any single-family residential district exceed 1,750 square feet in area.

(b)

No portion of any roof-mounted solar energy system may be installed beyond the footprint of the roof to which it is mounted.

(3)

Setbacks.

(a)

Principal ground-mounted solar energy systems may only be installed in compliance with the applicable setback regulations for the underlying zoning district, as set forth in Article VII of this Chapter.

(b)

No portion of any accessory ground-mounted solar energy system may be installed within any required front yard or side yard, or less than three feet from any rear lot line.

(c)

Roof-mounted solar energy systems may only encroach within a required setback if the roof is legally non-conforming as to that setback.

(4)

Height.

(a)

Principal ground-mounted solar energy systems may not be installed at a height greater than 15 feet in height above grade.

(b)

Accessory ground-mounted solar energy systems may not be installed at a height greater than 10 feet in height above grade.

(c)

Accessory ground-mounted solar energy systems may not be installed at a height greater than 10 feet in height above grade, except upon issuance of a special use permit in accordance with Section 150.1403 of this Code and the notice requirements of Section 150.1203 of this Code. In no event may any accessory ground-mounted solar energy system exceed a height greater 12 feet from grade.

(5)

Lot Coverage. Ground-mounted solar energy systems do not count toward any lot coverage or impervious surface coverage restrictions set forth in this Chapter.

(6)

Reduction of Glare. To the extent practicable, solar energy systems should be designed and installed to minimize glare emanating from the system.

(C)

Screening. All supporting structures for ground-mounted solar energy systems must be screened from view from the adjoining property line by a dense buffer of evergreen shrubs and trees.

(D)

Utility Connections. No solar energy system may be used as the principal use on a lot prior to submission to the Zoning Administrator of written authorization from ComEd, acknowledging and approving the connection of the solar energy system to the electricity grid.

(E)

Concentrated Solar Technology. No solar energy system may utilize concentrated solar thermal technology.

(F)

Signage. All principal use ground-mounted solar energy systems must include a sign installed within 25 feet of the solar energy system, with an area not to exceed two square feet and with a height not to exceed six feet above grade, identifying the owner of the system and a 24-hour emergency contact telephone number.

(G)

Decommissioning and Abandonment.

(1)

A solar energy system that is not in Operable Condition for a period exceeding 12 consecutive months shall be deemed abandoned. The owner of an abandoned solar energy system and the owner of the property on which the solar energy system is located shall cause the decommissioning and removal of all solar energy system structures and facilities within 90 days after receipt of a notice of abandonment from the City. Decommissioning and removal must include, without limitation:

(a)

Physical removal of all solar energy systems, structures, equipment, security barriers and electrical wiring lines from the site.

(b)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and

(c)

Stabilization or re-vegetation of the site as necessary to minimize erosion, except to the extent that the Zoning Administrator permits the owner or operator to leave landscaping or designated below-grade foundations or electrical wiring in order to minimize erosion and disruption to vegetation.

(2)

Any abandoned solar energy system that is not decommissioned and removed within 90 days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the City shall have the right, but not the obligation, to summarily abate by decommissioning and removing the solar energy system at the joint and several expense of the owners of the solar energy system and of the property on which the solar energy system is located. In the case of such decommissioning and removal, the City shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the City in connection with the removal, including, without limitation, attorney fees and accrued interest.

(Ord. O56-2021, § 3, passed 8/23/21; Ord. O03-2024, § 2, passed 1/16/24)

(A)

Purpose. In order to preserve and protect the public health and safety and consistent with the goals of this Chapter, the City may, as needed, erect or approve Public Safety Emergency Warning Facilities.

(B)

Location. Public Safety Emergency Warning Facilities shall be permitted uses in all zoning districts established herein. Such facilities may be located at ground level or mounted on poles.

(C)

Principal or Accessory Use. Public Safety Emergency Warning Facilities may be considered either principal or accessory uses as follows:

(1)

Principal Use: Public Safety Emergency Warning Facilities that are situated on a Lot where there is no principal use shall be considered the principal use on that Lot.

(2)

Accessory Use: Public Safety Emergency Warning Facilities that are situated on a Lot where there exists a principal use shall be considered an accessory use to the principal use on that Lot.

(D)

Minimum Lot Size and Yard/Setback Requirements. The minimum Lot Area and yard/setback requirements applicable to the particular Lot on which Public Safety Emergency Warning Facilities are located shall not apply to Public Safety Emergency Warning Facilities, but shall apply to any principal use otherwise located on that Lot.

(E)

Maximum Height. Pole-mounted Public Safety Emergency Warning Facilities shall not exceed a height of 60 feet; provided, however, the City Council may, by resolution duly adopted, authorize the construction of Public Safety Emergency Warning Facilities in excess of 60 feet upon a determination, in its sole discretion, of a need to exceed such height in the interest of public safety.

(F)

Associated Buildings. Buildings associated with Public Safety Emergency Warning Facilities shall not exceed 50 square feet and shall require approval by the City Council.

(G)

Co-Location:

(1)

Public Utility Infrastructure Facilities and Public Safety Emergency Warning Facilities may be co-located on the same pole.

(2)

The City Council may consider and approve a request from other units of local government to co-locate other Public Safety Emergency Warning Facilities on City structures or poles.

(Section 150.416 added by Ord. 63-05, J. 31, p. 258-260, passed 10/24/05)

(A)

Minimum Setback from Other Community Residential Alternatives. No Community Residential Alternative shall be located on any lot that is within 400 feet, including rights-of-way, to another lot for which the primary use is another Community Residential Alternative, except upon issuance of a Conditional Use Permit pursuant to this Chapter.

(B)

Business Registration Required. Notwithstanding any provision of Section 106.007 of the City Code to the contrary, each Community Residential Alternative shall register with the City pursuant to Chapter 106 of the City Code.

(Section 150.417 added by Ord. 44-10, J. 36, p. 179-187, passed 5/10/10)

(A)

Purpose. The purpose of this Section 150.418 is to:

(1)

Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of Building-Mounted Wind Energy Systems (BWES) and Tower-Mounted Wind Energy Systems (TWES);

(2)

Assure that any development and production of wind-generated electricity in the City is safe and to minimize any potentially adverse effects on the community;

(3)

Promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals; and

(4)

Facilitate energy costs savings and economic opportunities for residents and businesses of the City.

(B)

General Regulations. Except as specifically provided otherwise in Sections 150.418(C) and 150.418(D) of this Article, all Wind Energy Systems shall comply with the general regulations set forth in this Section 150.418(B).

(1)

Compliance with Laws. All WES shall comply with all applicable City, state, and federal laws and regulations, including, without limitation, the provisions of this Section 150.418, this Code, and all City building ordinances and regulations.

(2)

Compliance with Permits and Approvals. All WES shall comply with all building permits and conditional use permits issued by the City therefor, and with all conditions imposed by the City as a condition of issuance of the building and conditional use permits.

(3)

Use and Energy Production Restrictions.

(a)

WES shall be permitted within any zoning district of the City, but only as an accessory use.

(b)

The primary purpose of a WES shall be the production and consumption of energy on the property on which it is located; provided, however, that excess energy produced by a WES may be sold to an electricity provided regulated by the State of Illinois.

(4)

General Engineering Regulations.

(a)

All WES facilities shall be designed to withstand a minimum wind velocity of 100 miles per hour, with an impact pressure of 40 pounds per square foot.

(b)

Each WES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

(c)

All WES facilities shall be equipped with automatic and manual braking systems.

(5)

General Installation Regulations. All WES facilities must be installed according to manufacturer specifications and in accordance with all applicable City laws and regulations.

(6)

General Sound Level Regulations.

(a)

The average sound level produced by a WES shall not: (i) violate the noise provisions set forth in Section 150.607 of this Chapter; or (ii) exceed the following maximums in the following locations:

(i)

On any Nonparticipating Property located within a Residential District or used for residential purposes, at all frequency bands: 55 dBA, except as provided in Section 150.418(B)(6)(a)(iii) of this Chapter.

(ii)

On any other Nonparticipating Property, at all frequency bands: 65 dBA at any time, except as provided in Section 150.418(B)(6)(a)(iii) of this Chapter

(iii)

The maximum sound levels set forth in Sections 150.418(B)(6)(a)(i) and 150.418(B)(6)(a)(ii) shall be reduced by five dB for any WES that produces sound emissions of an adverse character that included prominent tones (e.g., a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (e.g., a periodic swishing sound).

(b)

No WES shall operate with an average sound level more than 5 dBA above the non-operational ambient level, as measured on any Nonparticipating Property located within a Residential District or used for residential purposes.

(c)

To limit the level of low-frequency sound, the average C-weighted sound level during WES operation shall not exceed the A-weighted ambient sound level by more the 20 dB.

(d)

Sound level meters used for sound measurement must meet the requirements of a Type 2 or better precision instrument according to ANSI S1.4 (American National Standard Specification for Sound Level Meters). Average sound-level shall be calculated by time-averaging sound levels for a period of not less than one minute nor more than two minutes, and shall be made by use of an integrating sound level meter that meets the requirements of ANSI S12.43 (American National Standard Specifications for Integrating Averaging Sound Level Meters).

(e)

The City may require, as necessary and at the Owner's expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering, to determine whether a violation of the regulations set forth in this Section 150.418(B)(6) is occurring or has occurred.

(7)

Color and Sun Glint. All WES shall be finished in a neutral color, as approved in advance by the Zoning Administrator. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the WES.

(8)

Electronic Interference. WES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, contrary to FCC or other federal, state, or local laws. For purposes of this Section 150.418(B)(8), "degradation in performance" shall be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.

(9)

Signage.

(a)

No WES shall have nay advertising material, writing, picture, or signage; provided, however, that warning signs, tower identification signs, and manufacturer or ownership information signs of an area not to exceed 2 square feet per sign may be installed in connection with a WES.

(b)

Except for meteorological and weather devices, no flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering, or revolving devices shall be attached to any portion of a WES.

(10)

General Maintenance and Operation Regulations.

(a)

WES facilities shall be maintained in Operable Condition at all times, except for reasonable maintenance and repair outages.

(b)

Should a WES become inoperable, or should any part of the WES become damaged, or should a WES violate a permit condition, the owner of the WES shall cease operations immediately within 90 days after receipt of a notice form the City regarding the condition; provided, however, that if the condition presents an immediate threat to the public health, safety, or welfare, the owner of the WES shall remedy the condition promptly.

(11)

Decommissioning and Removal.

(a)

A WES that is not in Operable Condition for a period exceeding 12 consecutive months shall be deemed abandoned. The owner of an abandoned WES and the owner of the property on which the WES is located shall cause the decommissioning and removal of all WES structures and facilities within 90 days after receipt of a notice of abandonment from the City.

(b)

Any abandoned WES that is not decommissioned and removed within 90 days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the City shall have the right, but not the obligation, to summarily abate by decommissioning and removing such WES at the joint and several expense of the owners of the WES and of the property on which the WES is located. In the case of such decommissioning and removal, the City shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the City in connection with the removal, including, without limitation, attorney fees and accrued interest.

(c)

Upon removal of the WES, the subject property shall be restored to its original pre-WES-construction condition.

(C)

Building-Mounted Wind Energy Systems.

(1)

Quantity Permitted per Lot.

(a)

Residential Districts and Uses. On each lot located within a Residential District or used for residential purposes, three BWES are allowed as of right.

(b)

Non-Residential Districts and Uses. On each lot that is not located within a Residential District and is not used for residential purposes:

(i)

One BWES is allowed as of right for the first 15,000 square feet of gross floor area of all principal structures on the lot; and

(ii)

One additional BWES may be constructed for each additional 10,000 square feet of gross floor area of all principal structures on the lot.

(2)

Installation on Accessory Structures Prohibited. No BWES shall be installed on any accessory structure in the City.

(3)

Height.

(a)

In all zoning districts in which the generally-applicable maximum height of principal structures is less than 40 feet, no portion of any BWES facility shall extend more than 15 feet above the maximum permitted height of the building on which it is mounted, nor more than 50 feet above grade.

(b)

In all zoning districts in which the generally-applicable maximum height of principal structures is 40 feet or greater, no portion of any BWES facility shall extend more than 10 feet above the maximum permitted height of the building on which it is mounted.

(4)

Setbacks.

(a)

No portion of a BWES shall be located within any yard required pursuant to the generally-applicable provisions of this Chapter

(b)

No portion of a BWES shall project beyond the front of the structure.

(5)

Diameter. The diameter of the BWES shall not exceed 20 percent of the width of the front elevation of the building on which it is mounted.

(6)

Shadow Flicker. No shadow flicker caused by any BWES shall fall for more than 50 hours per calendar year upon any portion of a principal structure that is:(a) used for residential purposes; and (b) located on a lot that either:(i) adjoins the subject property; or (ii) is located across a public right-of-way, or railroad right-of-way, from the subject property.

(7)

Illumination. No BWES shall be illuminated, except as may be incidental to permitted illumination of the structure to which the BWES is mounted.

(D)

Tower-Mounted Wind Energy Systems.

(1)

Conditional Use Permit Required. TWES may be constructed in any Zoning District within the City, but only upon issuance of a conditional use permit therefor.

(2)

Minimum Lot Area. No TWES may be constructed on any lot consisting of less than 80,000 square feet.

(3)

Quantity Permitted per Residential Lots.

(a)

On each lot located within a Residential District or used for residential purposes, not more than one TWES may be constructed.

(b)

Non-Residential Districts and Uses. On each lot that is not located within a Residential District and is not used for residential purposes, there shall be no maximum number of TWES constructed, provided that a conditional use permit is granted for each TWES.

(4)

Height.

(a)

Maximum Height. No portion of any TWES shall exceed the following:

(b)

Attachment to Existing Towers. TWES facilities may be attached to a parking lot light pole or other existing tower, including Personal Wireless Telecommunication Facilities, provided that such facilities are constructed in compliance with this Section 150.418(D)(4) and any other applicable City laws and regulations.

(c)

Blade Tip Height. The blade tip, at its lowest point, shall not be located at a height lower than 15 feet above the ground.

(5)

Tower Design and Support.

(a)

Guy Wires and Lattice Towers Prohibited. No tower used for a TWES shall be either (i) a lattice tower, or (b) supported by guy wires.

(b)

Tilt Down Towers. A tower used for a TWES may be of a cantilevered design that incorporates an integrated, industrial hand that allows the raising and lowering of the tower by a person, but only if the tower includes an automatic disk brake incorporated into the winch of the tower for fall prevention.

(6)

Setbacks. All portions of all TWES (including, without limitation, the blades of any turbines) shall comply with the generally applicable setback restrictions for the Zoning District in which the TWES is located and with the following setback restrictions, to be measured from the base of the tower.

(a)

TWES facilities may not be constructed within or over any easement for utility, water, sewer, or roadways.

(b)

TWES facilities may not be constructed within 50 feet of any body of water or wetlands, nor within 150 feet of any High Quality Aquatic Resource.

(c)

TWES facilities shall be set back from all lot lines, third party transmission lines, and communication towers a minimum distance equal to 110 percent of the height of the TWES.

(7)

Shadow Flicker. No shadow flicker caused by any TWES shall fall on any portion of a principle structure that is: (a) used for residential purposes; and (b) located within 250 feet of the TWES (exclusive of dedicated rights-of-way) for more than 50 hours per calendar year.

(8)

Climb Prevention. The base of the tower shall not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with a locked fence that is at least six feet in height.

(9)

Lighting.

(a)

TWES facilities shall comply with all applicable FAA lighting regulations and any other federal, state or City lighting regulations.

(b)

TWES facilities shall not be artificially lighted except as expressly required by the FAA or other applicable law. Any such artificial lighting shall be shielded so that no glare extends substantially beyond the property lines of the property on which the TWES is located.

(E)

Additional Building Permit Application Requirements. In addition to all information and documentation required pursuant to this Code for issuance of a building permit, the applicant for a permit to construct a WES shall submit the following additional information and documentation:

(1)

Project Summary. A project summary, including, without limitation, the manufacturer information, number of proposed turbines, and, for TWES, the proposed height from grade to the top of the turbine and the top of the tower.

(2)

Illustration of Proposed Location. Current photographs, or building plans, illustrating the proposed location of the WES,

(3)

Site Plan. A site plan, drawn to scale, signed and sealed by a professional engineer licensed in the State of Illinois, and including, without limitation, the following:

(a)

The location, setbacks, exterior dimensions and square footage of all structures on the subject property.

(b)

The location of any overhead or underground power lines and utility easements.

(c)

The location and approximate height of all trees on the subject property; and

(d)

For BWES facilities, front and side elevation drawings of the structure to which the BWES will be mounted, showing the location and proposed height of the top of the turbine from top of the structure.

(4)

Engineering Plans. Engineering plans, which must include, without limitation, the manufacturer's engineering specifications of the turbine, nameplate, wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production.

(5)

Certificates of Design Compliance. A certificate of design compliance for the proposed WES, obtained from Underwriters Laboratories, (UL), National Renewable Energy Laboratories (NREL), or an equivalent third party.

(6)

Proof of Compliance with FAA Regulations. For TWES facilities, an affidavit from the owner of the subject property stating that: (a) the proposed TWES will be constructed and maintained in accordance with all applicable FAA regulations; or (b) the TWES is exempt from FAA regulations.

(F)

Additional Regulations for WES Requiring Conditional Use Permits. For all proposed WES facilities for which issuance of a conditional use permit is required pursuant to this Section 150.418, the following additional regulations shall apply:

(1)

Processing. Applications for a conditional use permit which require the issuance of a conditional use permit shall be processed pursuant to the applicable provisions of Section 150.411 and Article XIV of this Chapter

(2)

Application Requirements. In addition to all information and documentation required pursuant to this Code for issuance of a conditional use permit, an applicant for a conditional use permit for a WES shall submit the following additional information and documentation:

(a)

Site Plan. A site plan that contains all information required pursuant to Section 150.418(E)(3) of this Chapter, and the following additional information:

(i)

The existing and proposed contours, at a minimum of two foot intervals;

(ii)

The location, setbacks, exterior dimensions and square footage of all structures on the subject property and, for all TWES, on all nonparticipating properties located within 100 feet of the subject property;

(iii)

The location and size of existing waterways, wetlands, one hundred-year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers, and water distribution systems; and

(iv)

The locations and the expected duration of shadow flicker caused by the proposed WES facilities.

(b)

Additional Requirements for TWES Facilities. For TWES facilities, the following additional information and documentation:

(i)

Demonstration of Clear Area Around TWES. Evidence that there will be sufficient clear area around the proposed turbine to capture wind energy for the purpose of power generation, to be demonstrated by the distance of the turbine from buildings and trees proximate to the turbine that might interfere with wind reaching and powering the turbines.

(ii)

Engineering Specifications. The TWES facilities' manufacturer's engineering specifications for the tower, turbine and foundation, including detailed drawing of electrical components and installation details, and expected sound level production.

(iii)

Soil Studies. For all proposed turbines to be constructed at a height greater than 100 feet, or for TWES of a combined structural weight greater than 5,000 pounds (including the tower, turbine, and all other components of the TWES supported by the foundation of the TWES), the applicant shall submit a soil analysis measured at the proposed location for the base of the proposed tower and a drawing stamped by a Registered Structural Engineer, in order to demonstrate that the soils are able to support the structural weight of the proposed TWES.

(c)

Other Information. Depending on the scale and characteristics of the subject property or of the proposed WES, other materials as may be required by the Director, the Plan and Design Commission, or the City Council, including, without limitation, special studies and documentation related to soil studies, sound levels, shadow flicker, sun glint, ice throw, developmental impacts on the environment or wildlife, electronic interference, stormwater drainage, signage, climb prevention, public safety, construction safety and management, maintenance, public impact and complaints, and decommissioning.

(G)

Historic Preservation Commission Approval.

(1)

BWES Facilities. No BWES facilities shall be located on a property that is or contains a City-designated landmark, or is within a City-designated or National Historic District, except upon the prior approval of the City Historic Preservation Commission.

(2)

TWES Facilities. No TWES facilities shall be located on a property that is or contains a City-designated landmark, or is within a City-designated or National Historic District, or is located within 400 feet of any such landmark or Historic District, except upon the prior approval of the City Historic Preservation Commission.

(H)

Subsequent Construction. No WES facility validly constructed pursuant to this Section 150.418 shall be deemed a non-conforming structure as a result of any construction on any Nonparticipating Property for which a building permit is issued after the WES facility is first placed into Operable Condition.

(Section 150.418 added by Ord. 41-11, J. 37, p. 168-178, passed 5/23/11; Ord. 59-15, passed 6/8/15)

(A)

Purpose. In order to preserve and protect the public health and safety and consistent with the goals of this Chapter, the City may, as needed, erect or approve Public Utility Infrastructure Facilities.

(B)

Location. Public Utility Infrastructure Facilities shall be permitted uses in all zoning districts established herein. Such facilities may be located at ground level or mounted on poles, buildings, or non-habitable structures.

(C)

Principal or Accessory Use. Public Utility Infrastructure Facilities may be considered either principal or accessory uses as follows:

(1)

Principal Use: Public Utility Infrastructure Facilities that are situated on a Lot where there is no principal use shall be considered the principal use on that Lot.

(2)

Accessory Use: Public Utility Infrastructure Facilities that are situated on a Lot where there exists a principal use shall be considered an accessory use to the principal use on that Lot.

(D)

Minimum Lot Size and Yard/Setback Requirements. The minimum Lot Area and yard/setback requirements applicable to the particular Lot on which Public Utility Infrastructure Facilities are located shall not apply to Public Utility Infrastructure Facilities, but shall apply to any and all other principal and accessory uses otherwise located on that Lot.

(E)

Maximum Height.

(1)

Subject to Section 150.419(E)(3) of this Chapter, pole-mounted and non-habitable structure-mounted Public Utility Infrastructure Facilities shall not exceed a height of 140 feet.

(2)

Subject to Section 150.419(E)(3) of this Chapter, building-mounted Public Utility Infrastructure Facilities shall not exceed a height of 100 feet.

(3)

The City Council may, by resolution duly adopted, authorize the construction of Public Utility Infrastructure Facilities in excess of the maximum heights set forth in Sections 150.419(E)(1) and 150.419(E)(2) of this Chapter upon a determination, in its sole discretion, of a need to exceed such height in the interest of public health, safety, and welfare.

(F)

Associated Buildings. Buildings associated with Public Utility Infrastructure Facilities shall not exceed 50 square feet and shall require approval by the City Council.

(G)

Co-Location.

(1)

Public Utility Infrastructure Facilities and Public Safety Emergency Warning Facilities may be co-located on the same pole.

(2)

The City Council may consider and approve a request from other units of local government and other public utilities to co-locate other Public Utility Infrastructure Facilities on City structures or poles.

(Ord. 104-14, J. 40, p. 292-298, passed 12/01/14)

(A)

Restriction on Certain Lots Abutting Single Family Residential Districts. In the event that a lot in the B3 or I zoning district abuts another lot located within a Single Family Residential District, that lot may not be used for a Medical Cannabis Dispensing Organization, and no special use permit or other City approval may be issued for that lot in connection with a Medical Cannabis Dispensing Organization, unless the lot is separated from such other lot within a Single Family Residential District by either: (a) a public right-of-way greater than 80 feet in width; (b) a railroad right-of-way; (c) a high-voltage electrical transmission corridor; (d) a river or stream; or (e) another barrier deemed by the City Council to establish a sufficient separation from the other lot within a Single Family Residential District.

(B)

Application for Special Use. In addition to the requirements set forth in Article XIV of this Chapter relating to applications for special use permits, an application for a special use permit to operate a dispensing organization within the City must include all of the following information and documents:

(1)

The legal name and, if different than the legal name, the trade name of the proposed dispensing organization for which the special use permit is sought.

(2)

The proposed commonly-known address of the proposed dispensing organization.

(3)

The legal name of the applicant, if different than the proposed dispensing organization.

(4)

The address, telephone number and e-mail address of the dispensing organization's and applicant's principal place of business, if different than the common address of the proposed dispensing organization. A post office box may not be submitted as the address of the applicant's principal place of business.

(5)

The legal names, addresses, telephone numbers, and e-mail addresses of: (a) all business entities with a financial interest in the dispensing organization, and all officers, directors, partners, managers, and owners thereof; (b) sole proprietors and other individuals with a financial interest in the dispensing organization; and (c) each proposed dispensing organization agent. For all officers, directors, partners, managers, and owners of the business entities, and for all sole proprietors and other individuals with a financial interest in the dispensing organization, the applicant must also provide their dates of birth and social security numbers. A post office box may not be submitted as the address of any entity or individual with a financial interest in the dispensing organization.

(6)

The proposed hours of operation of the proposed dispensing organization.

(7)

If the proposed dispensing organization or the applicant is a business organization other than a sole proprietorship, the following information regarding the dispensing organization and applicant entity:

(a)

Type of business organization.

(b)

If a partnership, a copy of any partnership or joint venture agreement, or, if there is no written agreement, a written statement signed by all general partners attesting that there is no agreement.

(c)

If a limited liability company, a copy of its articles of organization, operating agreement, and certificate of good standing issued by the Secretary of State no more than seven days prior to the date the application for a special use is filed with the City.

(d)

If a corporation: (i) a copy of its articles of incorporation, corporate resolutions if any, and a certificate of good standing issued by the Secretary of State nor more than seven days prior to the date the application is filed with the City; and (ii) if the corporation uses an assumed name, a copy of the corporation's assumed name registration issued by the Secretary of State.

(8)

All resumes required by Section 150.420(B)(7) of this Chapter must include each person's complete academic and professional history, including without limitation any degree, certification, and experience related to the operation of a cannabis business, medical cannabis business, or related occupation.

(9)

A description of any additional training and education that will be provided to the proposed dispensing organization agents.

(10)

A copy of a business plan for the proposed dispensing organization that includes, without limitation, the following information:

(a)

A description of the products and services that the proposed dispensing organization desires to offer; and

(b)

A description of the procedures the proposed dispensing organization will implement to ensure the secure transfer of medical cannabis from restricted access areas to limited access areas.

(11)

A security plan that describes how the proposed dispensing organization will comply with the security and recordkeeping regulations set forth in Sections 1290.400-1290.460 of Title 28 of the Illinois Administrative Code, 28 Ill, Admin. Code 1290.400-1290.460, as those sections may be amended from time to time. Without limitation, the security plan must include the following information:

(a)

A description of the procedures that the proposed dispensing organization will implement to prevent the diversion, theft, or loss of cannabis during the delivery of cannabis to the proposed dispensing organization by a cultivation center, including, without limitation, the use of delivery manifests;

(b)

A description of the procedures that the proposed dispensing organization will implement to: (i) monitor the activities conducted within the proposed dispensing organization; (ii) secure the dispensing organization, including, without limitation, the dispensing organization agents, qualifying patients, and cannabis and currency stored at the dispensing organization; and (iii) prevent the diversion, theft or loss of cannabis; and

(c)

A description of the procedures that the proposed dispensing organization will implement to restrict access to limited access areas and restricted access areas.

(12)

A written statement that the applicant owns the property on which it proposes to operate the dispensing organization, or, if the applicant does not own the property, a written statement from the property owner certifying the owner's consent to the use of the property as a dispensing organization.

(13)

A map of the area surrounding the location of the proposed dispensing organization: (a) showing that no part of the property line of the proposed dispensing organization is located within 1,000 feet of any part of the property line of any existing public or private preschool, elementary school, secondary school, day care center, day care home, group day care home, or part-day child care facility; (b) showing that the proposed location for the dispensing organization is not zoned for residential use; and (3) identifying the businesses located within 1,000 feet of any part of the property line of the proposed dispensing organization in existence at the time the application of a special use permit is filed with the City.

(14)

Floor plans and elevations of the proposed dispensing organization building that must include, without limitation, the following information:

(a)

The location, layout, floor area, name, and function of each room, including, without limitation, patient counseling areas, restricted access areas, limited access areas, rooms in which cannabis will be stored when the proposed dispensing organization is open for business;

(b)

The total floor area of the proposed dispensing organization building;

(c)

The doorways or pathways between rooms;

(d)

The means of ingress and egress to and from the building of the proposed dispensing organization, including, without limitation, fire exits;

(e)

The location of all safes or vaults that will be used to store cannabis, cannabis products, and currency;

(f)

The locations of bullet-proof glass;

(g)

The location of each toilet facility;

(h)

The location of each video camera;

(i)

The location of each panic button; and

(j)

The location of each natural and artificial lighting source.

(15)

A description of how the proposed dispensing organization will comply with the Americans with Disabilities Act and similar state and local laws and regulations.

(16)

A plan to prevent patient overflow in waiting rooms and patient care areas.

(17)

An attestation that the proposed dispensing organization will have safes or vaults with sufficient capacity to safely store the anticipated quantities of cannabis and currency on the premises.

(18)

Evidence acceptable to the Zoning Administrator that the proposed dispensing organization building complies with all applicable State and local building and fire regulations, and all other applicable local ordinances and regulations.

(19)

A sign plan for the proposed dispensing organization, consistent with the requirements set forth in Article XX of this Chapter, that describes and depicts all proposed signs related to the proposed dispensing organization, including, without limitation, the type of each proposed sign, the sign area and sign height of each proposed sign, the content of each proposed sign, the location of each proposed sign, and the illumination of each proposed sign, if any.

(20)

A comprehensive site plan drawn to scale of the proposed dispensing organization, which site plan must depict the following features, if applicable and without limitation: streets, traffic direction, sidewalks, trees, alleys, property lines, buildings, parking areas, handicapped parking spaces, fences, exterior walled areas, garages, vehicle delivery access doors, hangars, security features, garbage enclosure areas, and outdoor areas.

(21)

A demonstration that the proposed location is suitable for public access, the layout promotes safe dispensing of medical cannabis, if is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, ADA-accessible entry and exits, product handling and storage.

(22)

Any other information or document that the Zoning Administrator determines is reasonably necessary to consider the application for a special use permit.

(C)

Operational Standards. The establishment, development, and operation of all dispensing organizations located within the City must comply with all conditions and restrictions set forth in the ordinance granting the special use permit for the dispensing organizations and with the following standards and requirements:

(1)

Sections 1290.300-1290.460 of Title 68 of the Illinois Administrative Code, 68 Ill Admin. Code 1290.300-1290.460, as such sections may be amended from time to time, which Sections are hereby adopted by reference and made a part of this Chapter as if fully set forth herein.

(2)

Any cannabis, cannabis-infused products, or cannabis waste on the premises of the dispensing organization must be stored within secure refuse containers located within a restricted access area of the dispensing organization at all times prior to the destruction and disposal thereof, which destruction and disposal must be performed pursuant to the requirements of 68 Ill. Admin. Code 1290-450, as may be amended.

(3)

All waste other than cannabis waste must be stored within dumpsters or garbage cans located within areas of a fully enclosed building, with operable doors closed at all times other than loading and unloading.

(4)

All dispensing organizations must be equipped with a secure unloading space for the reception of deliveries of medical cannabis and medical cannabis infused products, which space must be: (a) located within an enclosed area of the principal structure in which the dispensing organization operates; (b) secured by doors that are closed and locked during all times that deliveries of medical cannabis or medical cannabis infused products are unloaded; and (c) a restricted access area.

(Ord. 6-15, J. 41, p. 11-31, passed 01/12/15)

(A)

Location Restrictions.

(1)

Restriction on Certain Lots Abutting Single Family Residential Districts. No lot in the I Zoning District that abuts another lot located within a single family residential district may be used for an adult use cannabis dispensary, and no special use permit or other City approval may be issued for that lot in connection with an adult use cannabis dispensary, unless the lot is separated from the other lot within a single family residential district by either: (a) a public right-of-way greater than 80 feet in width; (b) a railroad right-of-way; (c) a high-voltage electrical transmission corridor; (d) a river or stream; or (e) another barrier deemed by the City Council to establish a sufficient separation from the other lot within a single family residential district.

(2)

Permitted Locations within I District. In addition to the distancing requirements set forth in Section 150.421(B)(13), adult use cannabis dispensaries are only allowed in those portions of the I District located between the Union Pacific Railroad right-of-way to the east and the U.S. Route 41 to the west.

(B)

Application for Special Use. In addition to the requirements set forth in Article XIV of this Chapter relating to applications for special use permits, an application for a special use permit to operate an adult use cannabis dispensary within the City must include all of the following information and documents:

(1)

The legal name and, if different than the legal name, the trade name of the proposed adult use cannabis dispensary for which the special use permit is sought.

(2)

The proposed commonly-known address of the proposed adult use cannabis dispensary.

(3)

The legal name of the applicant, if different than the proposed adult use cannabis dispensary.

(4)

The address, telephone number and e-mail address of the adult use cannabis dispensary and applicant's principal place of business, if different than the common address of the proposed adult use cannabis dispensary. A post office box may not be submitted as the address of the applicant's principal place of business.

(5)

The legal names, addresses, telephone numbers, and e-mail addresses of: (a) all business entities with a financial interest in the adult use cannabis dispensary, and all officers, directors, partners, managers, and owners thereof; (b) sole proprietors and other individuals with a financial interest in the adult use cannabis dispensary; and (c) each proposed dispensing organization agent. For all officers, directors, partners, managers, and owners of the business entities, and for all sole proprietors and other individuals with a financial interest in the adult use cannabis dispensary, the applicant must also provide their dates of birth and social security numbers. A post office box may not be submitted as the address of any entity or individual with a financial interest in the adult use cannabis dispensary.

(6)

The proposed hours of operation of the proposed adult use cannabis dispensary.

(7)

If the proposed adult use cannabis dispensary or the applicant is a business organization other than a sole proprietorship, the following information regarding the adult use cannabis dispensary and applicant entity:

(a)

The type of business organization.

(b)

If a partnership, a copy of any partnership or joint venture agreement, or, if there is no written agreement, a written statement signed by all general partners attesting that there is no agreement.

(c)

If a limited liability company, a copy of its articles of organization, operating agreement, and certificate of good standing issued by the Secretary of State no more than seven days prior to the date the application for a special use is filed with the City.

(d)

If a corporation: (i) a copy of its articles of incorporation, corporate resolutions if any, and a certificate of good standing issued by the Secretary of State no more than seven days prior to the date the application is filed with the City; and (ii) if the corporation uses an assumed name, a copy of the corporation's assumed name registration issued by the Secretary of State.

(8)

All resumes required by Section 150.420(A)(7) of this Chapter must include each person's complete academic and professional history, including without limitation any degree, certification, and experience related to the operation of a cannabis business, medical cannabis business, or related occupation.

(9)

A description of any additional training and education that will be provided to the proposed dispensing organization agents.

(10)

A copy of a business plan for the proposed adult use cannabis dispensary that includes, without limitation, the following information:

(a)

A description of the products and services that the proposed adult use cannabis dispensary desires to offer; and

(b)

A description of the procedures the proposed adult use cannabis dispensary will implement to ensure the secure transfer of cannabis from restricted access areas to limited access areas.

(11)

A security plan that describes how the proposed adult use cannabis dispensary will comply with the security and recordkeeping regulations set forth in Section 15-100 of the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/15-100, as may be amended from time to time. Without limitation, the security plan must include the following information:

(a)

A description of the procedures that the proposed adult use cannabis dispensary will implement to prevent the diversion, theft, or loss of cannabis during the delivery of cannabis to the proposed dispensing organization by a cultivation center, including, without limitation, the use of delivery manifests;

(b)

A description of the procedures that the proposed adult use cannabis dispensary will implement to: (i) monitor the activities conducted within the proposed dispensing organization; (ii) secure the dispensing organization, including, without limitation, the dispensing organization agents, customers, and cannabis and currency stored at the dispensing organization; and (iii) prevent the diversion, theft or loss of cannabis; and

(c)

A description of the procedures that the proposed adult use cannabis dispensary will implement to restrict access to limited access areas and restricted access areas.

(12)

A written statement that the applicant owns the property on which it proposes to operate the adult use cannabis dispensary, or, if the applicant does not own the property, a written statement from the property owner certifying the owner's consent to the use of the property as an adult use cannabis dispensary.

(13)

A map of the area surrounding the location of the proposed adult use cannabis dispensary: (a) showing that no part of the property line of the proposed adult use cannabis dispensary is located within 1,000 feet of any part of the property line of any existing public or private preschool, elementary school, secondary school, day care center, day care home, group day care home, part-day child care facility, or any other adult use cannabis dispensary; (b) showing that the proposed location for the adult use cannabis dispensary is not zoned for residential use; and (c) identifying the businesses located within 1,500 feet of any part of the property line of the proposed adult use cannabis dispensary in existence at the time that the application of a special use permit is filed with the City.

(14)

Floor plans and elevations of the proposed adult use cannabis dispensary building that must include, without limitation, the following information:

(a)

The location, layout, floor area, name, and function of each room, including, without limitation, customer sales areas, restricted access areas, limited access areas, rooms in which cannabis will be stored when the proposed adult use cannabis dispensary is open for business, and rooms in which cannabis will be stored when the proposed adult use cannabis dispensary is not open for business;

(b)

The total floor area of the proposed adult use cannabis dispensary building;

(c)

The doorways or pathways between rooms;

(d)

The means of ingress and egress to and from the building of the proposed adult use cannabis dispensary, including, without limitation, fire exits;

(e)

The location of all safes or vaults that will be used to store cannabis, cannabis products, and currency;

(f)

The locations of bullet-proof glass;

(g)

The location of each toilet facility;

(h)

The location of each video camera;

(i)

The location of each panic button; and

(j)

The location of each natural and artificial lighting source.

(15)

A description of how the proposed adult use cannabis dispensary will comply with the Americans with Disabilities Act and similar state and local laws and regulations.

(16)

A plan to prevent customer overflow inside and outside the proposed adult use cannabis dispensary building.

(17)

An attestation that the proposed adult use cannabis dispensary will have safes or vaults with sufficient capacity to safely store the anticipated quantities of cannabis and currency on the premises.

(18)

Evidence acceptable to the Zoning Administrator that the proposed adult use cannabis dispensary building complies with all applicable state and local building and fire regulations, and all other applicable local ordinances and regulations.

(19)

A sign plan for the proposed adult use cannabis dispensary, consistent with the requirements set forth in Article XX of this Chapter, that describes and depicts all proposed signs related to the proposed adult use cannabis dispensary, including, without limitation, the type of each proposed sign, the sign area and sign height of each proposed sign, the content of each proposed sign, the location of each proposed sign, and the illumination of each proposed sign, if any.

(20)

A comprehensive site plan drawn to scale of the proposed adult use cannabis dispensary, which site plan must depict the following features, if applicable and without limitation: streets, traffic direction, sidewalks, trees, alleys, property lines, buildings, parking areas, handicapped parking spaces, fences, exterior walled areas, garages, vehicle delivery access doors, hangars, security features, garbage enclosure areas, and outdoor areas.

(21)

A demonstration that the proposed location is suitable for public access, the layout promotes safe dispensing of cannabis, it is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, ADA-accessible entry and exits, product handling, and storage.

(22)

Any other information or document that the Zoning Administrator determines is reasonably necessary to consider the application for a special use permit.

(C)

Operational Standards. The establishment, development, and operation of all adult use cannabis dispensaries located within the City must comply with all conditions and restrictions set forth in the ordinance granting the special use permit for the adult use cannabis dispensary and with the following standards and requirements:

(1)

Sections 15-70, 15-75, 15-80, 15-85, 15-90, 15-95, and 15-100, of the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as may be amended from time to time, which Sections are hereby adopted by reference and made a part of this Chapter as if fully set forth herein.

(2)

Any cannabis or cannabis waste on the premises of the adult use cannabis dispensary must be stored within secure refuse containers located within a restricted access area of the adult use cannabis dispensary at all times prior to the destruction and disposal thereof, which destruction and disposal must be performed pursuant to the requirements of Sections 15-75 and 15-90 of the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as may be amended from time to time.

(3)

All waste other than cannabis waste must be stored within dumpsters or garbage cans located within areas of a fully enclosed building, with operable doors closed at all times other than during loading and unloading.

(4)

All adult use cannabis dispensaries must be equipped with a secure unloading space for the reception of deliveries of cannabis, which space must be: (a) located within an enclosed area of the principal structure in which the adult use cannabis dispensary operates; (b) secured by doors that are closed and locked during all times that deliveries of cannabis are unloaded; and (c) a restricted access area.

(Ord. O64-2020, § 3, passed 10/13/20)

No property may be used as a short-term rental except in compliance with the following requirements, limitations, and restrictions:

(A)

Registration. No property may be used for a short-term rental prior to registration as a rental property pursuant to Chapter 154 of this Code.

(B)

Notice Required. Within 30 days after registration as a rental property pursuant to Chapter 154 of this Code, and prior to the first rental of a short-term rental in any calendar year, the owner must deliver written notice to the owners of all real properties contiguous to the short-term rental property, and the three nearest properties located across each right-of-way that abuts the short-term rental property, of its intent to use the property as a short-term rental. The written notice must include the rental registration number of the property, as provided by the City pursuant to Chapter 154 of this Code, and contact information for the owner of the short-term rental property.

(C)

Use Limitations.

(1)

No property may be used for a short-term rental as its principal use.

(2)

The short-term rental property must be occupied by the property owner, or a tenant with a written lease for the property, as their primary residence for at least 30 consecutive days in each calendar year in which the property is used as a short-term rental.

(3)

No short-term rental may be occupied by more than 12 people at any time.

(4)

No short-term rental may be rented for less than two consecutive 24-hour periods.

(5)

No short-term rental may be rented for more than 45 days in any calendar year.

(6)

Accessory or secondary dwelling units on a lot may not be used as short-term rentals.

(7)

All vehicles used by occupiers or guests of the short-term rental must be parked overnight on improved surfaces on the property, and may not be parked on any street or right-of-way.

(8)

All garbage and refuse must be stored inside, and may not be placed outdoors on the property, except on the designated day for garbage and refuse collection.

(D)

Advertising and Signage.

(1)

Notwithstanding any provision of Article XX of this Chapter 150 to the contrary, no sign advertising or otherwise promoting a short-term rental may be installed or erected.

(2)

All online advertisements regarding short-term rentals, including listings on short-term rental platforms, must:

(a)

List a valid short-term rental registration number issued by the City; and

(b)

Only advertise a short-term rental that complies with all of the short-term rental regulations and restrictions set forth in this Section 150.430.

(E)

Penalty. Any person who violates any of the provisions of this Section 150.430 will be fined in the amount set forth in the Annual Fee Resolution. Each day that a violation is permitted to exist constitutes a separate offense.

(Ord. O73-2020, § 3, passed 11/9/20)

(A)

Permitted Locations within B3 and I Districts. Tobacco and Smoking Shops and are only allowed in those portions of the B3 and I Districts located between the Union Pacific Railroad right-of-way to the west and U.S. Route 41 to the east.

(B)

Smoking Prohibited. The use of tobacco and legal recreational drugs is prohibited in all Tobacco and Smoking Shop uses, except as otherwise provided in Section 100.021.

(C)

Accessory Sales of Smoking Products and Paraphernalia. Sale of tobacco and smoking products and paraphernalia as an accessory use to a principal use is permitted, provided that: (1) no more than 10% of the retail sales floor area of the establishment, including the adjacent aisle used to access the tobacco and smoking products and paraphernalia, is dedicated to the display and sale of these products; and (2) the display area of all tobacco, smoking products, and related paraphernalia must be located behind the sales counter.

(Ord. O39-2023, § 3, 7/17/23)

(A)

No business or production may be conducted within a nano-brewery, nano-distillery, nano-meadery, or nano-winery before 6:00 a.m. on any day, or after 10:00 p.m. on Sundays through Thursdays, or after 11:00 p.m. on Fridays and Saturdays, except upon issuance of a special use permit therefor.

(B)

No alcoholic liquor may be sold within a nano-brewery, nano-distillery, nano-meadery, or nano-winery except in compliance with the liquor license issued by the City therefor.

(C)

A nano-brewery, nano-distillery, nano-meadery, or nano-winery must offer for sale, for consumption on the premises, a menu of food items that are commonly consumed, individually or together, as part of what could reasonably be considered a light lunch or dinner, and not merely as a snack. Nano-breweries, nano-distilleries, nano-meaderies, and nano-wineries may also, but are not required to, offer a larger menu of food items or have a full-service kitchen.

(D)

No live music, entertainment, or dancing is permitted within a nano-brewery, nano-distillery, nano-meadery, or nano-winery in the B1A, B2, and B2-RW zoning districts, except upon issuance of a special use permit therefor. No live music, entertainment, or dancing is permitted within the outdoor portion of a nano-brewery, nano-distillery, nano-meadery, or nano-winery in any zoning district, except upon issuance of a special use permit therefor.

(Ord. O51-2021, § 4, passed 7/12/21)

(A)

Permit Required. Storage containers may be located upon a property without a permit for up to 14 days per calendar year. Storage containers may not be located upon a property in excess of 14 days per calendar year, except upon issuance of a permit issued by the Director pursuant to this Section 150.441(A), in addition to, and not in lieu of, any permits required pursuant to any other provision of this Code, or any other applicable statute, law. ordinance, or regulation.

(B)

Application for Permit. All applications for storage container permits must be made to the Director, and must describe the proposed location of the storage container, the proposed use of the storage container, and the length of time of the placement of the storage container. The applicant must submit payment of a permit fee, in the amount set forth in the Annual Fee Resolution.

(C)

Issuance of Permit. The Director may not issue a permit for a storage container to be located for more than 45 days, except upon prior approval by the City of a special use permit therefore, in accordance with Article XIV of Chapter 150, and must also meet the standards of Sec. 176.205 of this Code, provided, however, such permit may only be issued for non-residential uses, and provided further, that notice for a special use permit required under this Section 150.441(C) must be issued in accordance with Sec. 176.045(E) of this Code.

(D)

Exception. The requirement for a special use permit set forth in Section 150.441(C) does not apply to storage containers erected for use by governmental entities that are: (i) necessary in connection with an emergency declared by the City or by the State of Illinois, during the pendency of that emergency; or (ii) adequately screened so as to reduce or eliminate visibility from any public right-of-way, as determined by the City Manager.

(Ord. O27-2025, § 4, 4/14/2025)

The land uses in the following tables are grouped into generic categories and listed alphabetically within each category.

* Multiple Family Dwellings are only allowed within the B4-BG District as a conditional use, and only as part of an approved Planned Development within which not less than 25 percent of the gross floor area within newly-constructed buildings is used for commercial or retail uses.

(Amended by: Ord. 42-02, J. 28, p. 313-337, passed 7/8/02, Ord. 01-03, J. 29, p. 01-16, passed 1/13/03; RM1A Zoning Added by Ord. 57-02, J. 28, p. 410-473, passed 9/9/02; Deleted by Ord. 28-03, J. 29, p. 112-114, passed 3/24/03; Ord. 44-10, J. 36, p. 179-187, passed 5/10/10; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O32-2020, § 5, passed 2/24/20; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20; Ord. O49-2025, § 4(Exh. A), 9/8/2025)

(POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. 40-2016, § 3, passed 4/25/16; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20)

* Adult Use Cannabis Dispensaries are only allowed in those portions of the I District described in Section 150.421(A)(2) and are subject to the distancing requirements described in Section 150.421(B)(13).

(Amended by Ord. 51-01, J. 27, p. 232, passed 8/27/01; POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O76-2019, § 3(Exh. A), passed 11/12/19; Ord. O32-2020, § 5, passed 2/24/20; Ord. O64-2020, § 4, passed 10/13/20; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20; Ord. O21-2022, § 4, passed 2/14/22; Ord. O39-2023, § 4, passed 7/17/23; Ord. 071-2024, § 3, passed 10/15/24)

* An animal clinic or hospital may not conduct any portion of its business outdoors, other than parking or loading, except upon issuance of a conditional use permit therefor.

(Ord 42-02, J. 28, p. 313-337, passed 7/8/02; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20; Ord. O75-2022, § 2, passed 9/12/22; Ord. No. O86-2024, § 2(Exh. A), passed 12/16/24)

(Amended by: Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; Ord. 69-11, J. 37, p. 229-231, passed 9/26/11; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20)

(POSO Zoning Added by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; Ord. 18-10, J. 36, p. 022-028, passed 2/8/10; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O32-2020, § 5, passed 2/24/20; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20; Ord. O51-2021, § 5, passed 7/12/21)

* A special use permit for the "Credit Union Offices" conditional use shall not be issued in any area of the B-1 District other than the specific B-1 district indicated on the City of Highland Park Zoning map and located in a portion of the area bounded by Ridge Road, Deerfield Road, and Richfield Avenue.

** Notwithstanding the provisions of Section 150.411(C) of this Code, a permitted use (under any provision of this Code, including without limitation, Section 150.405) with Drive-Through.

~ Facilities that were made a conditional use by the amendment to this Zoning Code effective June 28, 2004 shall be considered a lawful conditional use, and may continue in existence as such use, as of June 28, 2004, provided, however, that the conditional use may not be expanded without first obtaining a conditional use permit in full accordance with Section 150.411 of this Code, and any other zoning relief required by applicable provisions of this Code.

(Amended by Ord. 44-03, J. 29, p. 153-154, passed 7/28/03; Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; Ord. 41-04, J. 30, p. 159-160, passed 6/28/04; Ord. 43-04, J. 30, p. 163-165, passed 6/28/04; Ord. 18-10, J. 36, p. 022-028, passed 2/8/10; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20)

(Amended by Ord. 28-04, J. 30, p. 97-116, passed 4/26/04; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20)

(Ord. 76-13, J. 39, p. 232-237, passed 07/22/13; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20)

(Ord. 76-13, J. 39, p. 232-237, passed 07/22/13; B4-4, B4-4 and B4-6 Zoning Added by Ord. 41-15, J. 41, p. 120-156, passed 4/13/15; Ord. O74-2019, § 3, passed 11/12/19; Ord. O83-2020, § 3, passed 12/14/20; Ord. O66-2020, § 4, passed 10/26/20)