The following uses, and no others, may be permitted by special use permit in accordance with the provisions of this chapter. In interpreting the use designations in this chapter, references to the North American Industry Classification System, United States, 2007, where applicable, are given in parentheses following each use: (Ord. 18-O-001, 2-20-2018)
Department stores (452111 and 452112).
Food specialty stores (4452), including: baked ham stores, butcher shops, delicatessens, frozen meat stores, seafood stores, produce stores, baked goods stores (retail only except immediate consumption), candy stores, nut stores, coffee and tea stores, dairy product stores, gourmet food stores, packaged ice cream stores, bottled soft drink stores, specialty food stores, spice stores, bottled water stores.
Gasoline stations (447), including truck stops (447190), subject to the following conditions:
1. Minimum lot size shall be one acre (43,560 square feet).
2. Minimum yard area shall be provided in accordance with section 5-10-10 of this chapter.
3. If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this chapter shall be provided.
4. Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.
5. Car wash shall be allowed only to the extent that it is incidental to the principal use, and subject to the provisions of this chapter.
6. Hours of operation shall be subject to review and approval.
7. All sales and displays and storage of goods shall be confined within a permanent structure.
8. The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.
Grocery stores (445110), not including convenience stores.
Hardware stores (444130): All sales and displays and storage of goods shall be confined within a permanent structure.
Home centers (444110), subject to the following conditions:
1. Minimum lot size shall be one acre (43,560 square feet).
2. Minimum yard area shall be provided in accordance with section 5-10-10 of this chapter.
3. If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this chapter shall be provided.
4. Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.
5. Hours of operation shall be subject to review and approval.
6. All sales and displays and storage of goods shall be confined within a permanent structure.
7. The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.
Lawn and garden equipment stores (4442), subject to the following conditions:
1. Minimum lot size shall be one acre (43,560 square feet).
2. Minimum yard area shall be provided in accordance with section 5-10-10 of this chapter.
3. If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this chapter shall be provided.
4. Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.
5. Hours of operation shall be subject to review and approval.
6. All sales and displays and storage of goods shall be confined within a permanent structure.
7. The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.
Medical cannabis dispensary (466110) and cultivation center (115112), subject to the following conditions:
CARDHOLDER: A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.
DESIGNATED CAREGIVER: A person who: a) is at least twenty one (21) years of age; b) has agreed to assist with a patient’s medical use of cannabis; c) has not been convicted of an excluded offense; and d) assists no more than one registered qualifying patient with his or her medical use of cannabis.
ENCLOSED, LOCKED FACILITY: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center’s agents or a dispensing organization’s agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.
MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.
MEDICAL CANNABIS DISPENSING ORGANIZATION, OR DISPENSING ORGANIZATION, OR DISPENSARY ORGANIZATION OR DISPENSARY: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked.
2. Site Plan Review: All of the following shall be subject to the site capacity calculation and site plan review procedures of this use unless otherwise expressly exempted:
a. Subject To Site Capacity Calculation/Site Plan Review: The use shall be subject to the site capacity calculation/site plan review procedures.
b. Compliance With Act: All medical cannabis dispensary establishments shall comply with the compassionate use of medical cannabis pilot program act (public act 098-0122) and any rules adopted in accordance thereto.
c. Multiple Use Property: Medical cannabis dispensaries shall not be established in multiple use or tenant property or on a property that shares parking with other uses.
d. Setback: A medical cannabis dispensary shall be a minimum of thirty feet (30') from all property lines.
e. Parking: Client parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. It cannot be screened from the roadway with vegetation, fencing or other obstructions.
f. Lighting/Video Surveillance: Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensary staff, continually recorded and accessible to local law enforcement officials via the internet.
g. Buffering From Other Uses:
(1) Other Dispensaries: A medical marijuana dispensary shall be a minimum of one thousand feet (1,000') from all other medical marijuana dispensaries measured from the parcel boundaries.
(2) Other Properties: No medical marijuana dispensary shall be located, established, maintained, or operated on any lot that has a property line within one thousand five hundred feet (1,500') of the property line of the following:
(A) A church, synagogue, mosque, or other place of worship.
(B) A public or private nursery, elementary, or secondary school.
(C) A childcare facility, licensed by the Illinois department of children and family services.
(D) A public park, playground, playing field, or forest preserve.
(E) A residential property.
(3) Residential Properties: No medical cannabis cultivation center shall be located, established, maintained, or operated on any lot that has a property line within two thousand five hundred feet (2,500') of the property line of any residential property.
(4) Measurement: For the purposes of this use, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis dispensary is located to the nearest point on a property line of the use.
h. Public Viewing: No medical cannabis dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, medical cannabis infused products or cannabis paraphernalia from any sidewalk, public or private right of way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, searchlights or spotlights or any similar lighting system.
(1) All signage for the medical cannabis dispensaries shall be limited to one flat wall sign not to exceed ten (10) square feet in area, and one identifying sign, which can only include the dispensary address, not to exceed two (2) square feet in area; such signs shall not be directly illuminated. Electronic message boards and temporary signs are not permitted in connection with a dispensary.
(2) Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts or any realistic or stylized graphical representation of drug paraphernalia.
(3) Signs shall not include any wording that would identify the property as a medical marijuana dispensary or use clinical, botanical or slang terms for cannabis, cannabis consumption, cannabis intoxication or drug paraphernalia including, but not limited to, “cannabis”, “marijuana”, “weed”, “pot”, “420", “joint”, “Mary Jane”, “ganja”, “hash”, “herb”, “doobie”, “bong”, “blunt”, “bowl”, “zoned”, “sloshed”, “burnt”, “stoned”, “green day”, “reefer”, “smoke”, “toke”, “wacky tobaccy/baccy”, “spliff”, “roach”, “skunk”, etc.
(4) A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: “Only Cardholders, Designated Caregivers, And Staff May Enter These Premises. Persons Under The Age Of 18 Are Prohibited From Entering”. The required text shall be no larger than one inch (1") in height.
(5) Signage on delivery trucks entering the property shall comply with subsections A2i(2) and A2i(3) of this use.
j. Compliance With Statute/Act: Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois drug paraphernalia control act1 and the compassionate use of medical cannabis pilot program act (public act 098-0122).
k. Packaging: Medical cannabis and cannabis infused products shall be distributed in a sealed, tamper evident medical cannabis container. Any additional packaging, such as bags or boxes, shall be opaque with no text or graphics identifying the contents of packages.
l. Age Limit: It shall be unlawful for any medical cannabis dispensary to allow any person who is not at least eighteen (18) years of age on the premises. Dispensaries shall not employ anyone under the age of eighteen (18) years. Access shall be limited exclusively to dispensary staff, cardholders, designated caregivers, delivery personnel, maintenance personnel and local and State officials.
m. Hours: Medical cannabis dispensaries shall operate between eight o’clock (8:00) A.M. to six o’clock (6:00) P.M.
n. Drive-Through: A medical cannabis dispensary may not have a drive-through service.
(1) The medical cannabis dispensary shall be an enclosed locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.
(2) The medical cannabis dispensary parking area, client entrance, sales area, backroom, storage areas and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff, continually recorded and accessible to local law enforcement officials via the internet.
(3) A sign shall be posted in a prominent location which includes the following language: “This Area Is Under Live/Recorded Video Surveillance To Aid In The Prosecution Of Any Crimes Committed Against This Facility Or Its Patrons”.
(4) The Director shall review the adequacy of lighting, security and video surveillance installations with assistance from appropriate local law enforcement officials.
(5) Deliveries shall occur within a secure enclosed delivery bay; no delivery shall be visible from the exterior of the building.
(1) Loitering is prohibited on the dispensary property.
(2) It shall be prohibited to smoke cannabis or consume cannabis infused products in the medical cannabis dispensary or anywhere on the property occupied by the dispensary. A sign, at least 8.5 inches by eleven inches (11"), shall be posted inside the dispensary building in a conspicuous place and visible to a client and shall include the following language: “Smoking, Eating, Drinking Or Other Forms Of Consumption Of Cannabis Products Is Prohibited On Dispensary Property”.
New car dealers (441110).
Other retail trade uses, not otherwise classified, provided, however, that any such use shall be: 1) compatible with and consistent with existing retail uses in the vicinity of the proposed use, 2) consumer oriented, and 3) retail Sales Tax generating. (Ord. 11-O-007, 3-15-2011, eff. 3-15-2011; amd. Ord. 14-O-020, 5-20-2014)
B. Finance And Insurance:
Bank in freestanding building with drive through and/or external ATM (522110).
1. Safety requirements for pedestrian and vehicular circulation, including: adequate stacking, no conflicts with other vehicles entering or leaving the site, opportunity for a person in line to safely exit the line, minimum conflict with pedestrians, and adequate lighting.
Freestanding drive-through automated teller machine (ATM) not accessory to a bank or savings institution (522320).
1. Safety requirements for pedestrian and vehicular circulation, including: adequate stacking, no conflicts with other vehicles entering or leaving the site, opportunity for a person in line to safely exit the line, minimum conflict with pedestrians, and adequate lighting.
Savings institution in freestanding building with drive through and/or external ATM (522120).
1. Safety requirements for pedestrian and vehicular circulation, including: adequate stacking, no conflicts with other vehicles entering or leaving the site, opportunity for a person in line to safely exit the line, minimum conflict with pedestrians, and adequate lighting. (Ord. 18-O-001, 2-20-2018)
C. Real Estate, Rental And Leasing:
Lessors of miniwarehouses and self-storage units (531130), subject to the following conditions:
1. Minimum lot size shall be one acre (43,560 square feet).
2. Minimum yard area shall be provided in accordance with section 5-10-10 of this chapter.
3. If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 District, transitional yards as required by section 5-10-9 of this chapter shall be provided.
4. Landscaping within required yards shall be provided in accordance with a plan reviewed by the Plan Commission/Board of Appeals and approved by the Village Board.
5. Hours of operation shall be subject to review and approval.
6. All sales and displays and storage of goods shall be confined within a permanent structure.
7. The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer Building Codes, and all other applicable Village, County, State, or Federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.
D. Arts, Entertainment And Recreation:
Fitness and recreational sports centers (713940).
Outdoor Amusement and Theme Parks (713110) subject to the Village’s Amusement Tax.
E. Accommodation And Food Services:
Catering and banquet (722300).
Full service restaurants (722110).
Limited service restaurants (722211).
Snack and nonalcoholic beverage bars (722213).
Dry cleaning and laundry except coin operated (812320).
Outdoor storage. Outdoor storage for principal use listed elsewhere, subject to the following conditions:
1. All outdoor storage areas shall be fenced with materials of wood, stone or masonry. The fencing shall be no less than six feet (6'), nor greater than eight feet (8') high and must completely screen the stored materials.
2. Nothing may be stored above the height of the fence.
3. The required fencing shall not protrude or extend into or beyond the front building line.
4. The materials that are so stored shall be stored in compliance with all local, State and Federal standards.
Telecommunications facilities subject to the following conditions:
1. Minimum front yard: One hundred feet (100').
2. Minimum side yard: Ten feet (10'); if side yard adjoins street, minimum one hundred feet (100').
3. Minimum rear yard: Twenty five feet (25').
4. If site adjoins an R-1, R-2, or residential portion of a PD-1, PD-2, or PD-3 District, transitional yards shall be provided. Minimum side yard: Thirty five feet (35'); minimum rear yard: Fifty feet (50').
5. Maximum height: One hundred fifty feet (150'), or as recommended by the Plan Commission/Board of Appeals, upon presentation of supporting documentation.
6. Multiple use of structure is strongly encouraged. (Ord. 11-O-007, 3-15-2011, eff. 3-15-2011; amd. Ord. 21-O-031, 12-21-2021; Ord. 25-O-001, 2-18-2025)