A.   Zoning Districts: The following districts are established for this zoning title:

 

 

   B.   Overlay Districts: In addition, the following overlay districts are established in chapter 5 of this title:

   Agricultural overlay district

   Countryside unit overlay district

   C.   Conformity Required: No building, structure or premises shall be used and no building or structure shall be erected or altered in any district unless it is in conformity with the regulations established and set forth in this title. (Ord. 90-O-16, 7-3-1990; amd. Ord. 2021-O-12, 9-7-2021)

   A.   Boundaries: The boundaries of the districts are shown on the village of Lake Barrington zoning map which is part of zoning ordinance 90-O-16.

   B.   Map On File: The zoning map with all the notations, references and other information shown has the same force and effect as if it were all fully set forth or described. The original zoning map is properly attested and on file with the village clerk. (Ord. 90-O-16, 7-3-1990)

   A.   District boundaries are the centerline of the rights of way unless otherwise shown.

   B.   Where the property has been or may be divided into blocks and lots, the district boundaries shall be construed to be the lot lines.

   C.   In any unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map. (Ord. 90-O-16, 7-3-1990)

Any territory annexed to the village shall be automatically classified as an R-5 single-family residential district unless an annexation agreement takes precedence. (Ord. 90-O-16, 7-3-1990)

   A.   Purposes: Home occupations, as defined in section 8-2-2, “Definitions”, of this code, are allowed as long as they are uses that conform to the standards of this Section. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the Village and to maintain the subordinate and incidental status of the home occupation.

   B.   Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted.

   C.   Permitted Uses: Home occupations shall include and are limited to the following uses:

      1.   Babysitting services;

      2.   Instruction in music, dance, home crafts and art; provided, that the total class size does not exceed four (4) students at any time;

      3.   Occasional sales;

      4.   Offices of accountants, architects, brokers, consultants, engineers, insurance agents, lawyers, real estate agents and urban planners;

      5.   Offices of medical, dental or veterinary practitioners;

      6.   Offices of ministers, priests and rabbis;

      7.   Offices of sales personnel, sales representatives or manufacturers' representatives; provided, that no retail transactions shall be made on the premises except through telephone, telegraph, fax or mail communication and no wholesale transactions shall include the acceptance or delivery or merchandise on the premises;

      8.   Repair services, but not including retail sales;

      9.   Studios of artists, authors, composers, photographers and sculptors;

      10.   Workrooms of dressmakers, seamstresses and tailors;

      11.   Workrooms for home crafts, such as model making, rug weaving, lapidary work and cabinet making.

   D.   Prohibited Uses: All home occupations not permitted are prohibited.

   E.   Standards: The following standards shall govern the operation of a home occupation:

      1.   The building or structure in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located.

      2.   The home occupation shall be conducted completely within the dwelling unit or within an accessory building or structure.

      3.   Only the permanent residents of the dwelling unit shall be employed in the home occupation.

      4.   The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes. Not more than the lesser of five hundred (500) square feet or fifteen percent (15%) of the gross floor area of the dwelling unit and accessory buildings or structures on the premises on which the home is located shall be devoted to the home occupation.

      5.   The outside display of goods and the outside storage of equipment, materials or motor vehicles utilized in the home occupation shall be prohibited.

      6.   Off-street parking for the home occupation shall be provided in accordance with the provisions of Chapter 8 of this Title.

      7.   No home occupation shall generate noise, vibration, glare, fumes, odors or electrical interference in excess of that permitted in M, B and O Districts and such home occupation shall be further restricted so that in no event shall it generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the residential zoning district in which it is located.

   F.   Occasional Sales:

      1.   General: As used herein "occasional sales" shall mean those sales of goods, wares and merchandise owned by the occupant or former occupant of the premises or owned by a group of persons having a common sale generally known as garage sales, basement sales, house sales, estate sales, yard sales and rummage sales conducted on an infrequent and irregularly scheduled basis on premises zoned or used for residential purposes. Bulk sales, the sale of multiple new items of the same description and the sale of consigned merchandise, merchandise brought to the premises for resale or for reconditioning for resale are prohibited.

      2.   Time Limitation: It shall be unlawful for any person to conduct or to allow to be conducted an occasional sale as defined herein on premises zoned or used for residential purposes over a period of time in excess of two (2) days or to conduct more than one such occasional sale on the same premises, by the same household, within any six (6) month period. It is further provided that no occasional sale as defined herein shall begin before nine o'clock (9:00) A.M. nor continue later than six o'clock (6:00) P.M.

      3.   Permit; Application; Fee:

         a.   Permit Required: Whenever three (3) or more persons from different households conduct a combined occasional sale on the same day or days, which sale offers items for sale at three (3) or more residences, a permit shall be required.

         b.   Application: The permit application shall be filed with the village clerk by appearing in person or by mail utilizing a permit application provided by the village clerk. The application shall contain the names and addresses of all persons offering items for sale from their residences in the combined occasional sale. The permit application shall be signed by one or more members of each household offering goods for sale in the combined occasional sale and the application shall state that all those whose names are listed in the application shall comply with the provisions of this section.

         c.   Display Of Permit: Each permit shall be prominently displayed on one of the premises covered by the permit in such a manner that it is easily visible to persons passing by the premises.

         d.   Permit Fee: The fee for each such permit issued shall be twenty five dollars ($25.00).

         e.   Exceptions: No permit shall be required for other occasional sales as defined in this title except as provided by this section.

      4.   Signs:

         a.   No more than two (2) signs shall be displayed designating the location of any such occasional sale. One sign shall be a directional sign which may be located off of the sale premises, provided any off premises sign shall not interfere with traffic or cause a safety hazard. A second sign may be displayed only in the area between the public street and the front building line of the house at which the sale is being held and not within any portion of dedicated right of way of any street, road, highway or on other public property. Signs for such sales shall not exceed a gross surface area of six (6) square feet on each of two (2) display surfaces and each sign shall not exceed a height of three feet (3') as measured from the ground to the top of the sign. All other items which might be used to draw attention to such sales, including, but not limited to, banners, streamers, balloons and flags are hereby prohibited.

         b.   All signs authorized under this section shall be removed no later than three (3) hours after conclusion of the sale and in no event later than nine o'clock (9:00) P.M. on the second day of the sale.

      5.   Display Of Merchandise: It shall be unlawful for any person to display for sale any goods, wares or merchandise under the provisions of this section beyond the property lines of his or her lot. (Ord. 90-O-16, 7-3-1990; amd. Ord. 2022-O-15, 12-6-2022)

On any corner lot, no structure of any kind or vegetation in excess of eighteen inches (18") above street level at the edge of pavement shall be located in any portion of such lot within fifty feet (50') of the lot corner formed by the intersection of any two (2) streets. (Ord. 2007-O-20, 10-2-2007)

   A.   Intent And Purpose: It is the determination of the village that antennas of all sizes, shapes, varieties and uses, including, but not limited to, those used for private or public radio and television transmitting and receiving, microwave and parabolic, dish, spherical, horn and disk type antennas constitute physical additions to the village of such character and degree of unsightliness that their construction, placement, installation and use require regulation by the village.

The purpose and intent of this section is to promote and protect the general health, safety and welfare of the people and to protect and to preserve the taxable value of real estate in the village.

   B.   General Requirements:

      1.   Building Permit Required: Every installation of an antenna shall require a building permit prior to commencement.

      2.   Permit Null And Void: Any such building permit issued for an antenna shall be null and void if such antenna is used in violation of any applicable state or federal law.

      3.   Advertising, Illumination, Etc.: No advertising, logos or symbols shall be permitted on any antenna, nor shall any antenna be illuminated except by such safety lighting as required by applicable state or federal law. Each antenna shall be of one and only one color and shall have a flat, matte, nongloss and nonfluorescent type finish. All antenna installations shall exhibit architectural design and coloration to blend with the surroundings and structural integrity. Installations of inferior materials or of questionable stability shall not be permitted.

      4.   Screening Required: Every parabolic, dish, spherical, horn and/or disk type antenna, including the base therefor shall be substantially eighty five percent (85%) screened from the view from any point within two hundred fifty feet (250') from the center point of the proposed location of each such antenna and from a point or points that are between ground level and twenty feet (20') above ground level.

      5.   Number Permitted: Not more than one parabolic, dish, spherical, horn and/or disk type antenna may be installed on a single zoning lot.

      6.   Roof Installations: Roof installations of parabolic, dish, spherical, horn and disk type antennas, including the base, shall be identical in color to the roof and the height thereof shall not exceed the highest point of the roof. Flat roof installations shall be enclosed by a penthouse, fence, false mansard or other visual screen consistent with the materials and color of the building. Penthouses, fences and false mansards or other structures used as a visual screen shall not be used in determining the highest point of the roof.

      7.   Temporary Installations: Temporary mobile or trailer installations of antennas exceeding one given or specific week within any calendar year shall not be permitted.

      8.   Ground Installations: Ground installations shall be landscaped so as to be compatible with the surrounding properties.

      9.   Screening Methods: Appropriate screening methods may include, but are not necessarily limited to, evergreen shrubs, evergreen trees, wood or brick fence or a house. Any humanmade screening material shall be limited to seven feet (7') in height, except for a house which shall meet the height restrictions contained in this title.

      10.   Construction And Installation: The construction and installation of antenna shall strictly conform to all applicable provisions of this code.

      11.   Quality Of Installations: All installations shall exhibit architectural quality, coloration to blend with surroundings and structural integrity.

      12.   Experimental Installations: Experimental or temporary installations, inferior materials and questionable stability are not permitted.

      13.   Permanent Foundations: Permanent foundations shall be adequate for anticipated wind loads.

      14.   Electrical Connections: Electrical connections shall be low voltage direct or pulsed current except where the device connected is Underwriters Laboratory approved in which case alternating current will be allowed to code requirements.

      15.   Access Secured: Installations shall be secured from access by children as in the case of an attractive nuisance.

      16.   Freestanding Antennas: No freestanding antennas shall exceed the maximum permitted height for a building in the zoning district where it is located.

   C.   Residential Areas: In addition to the general requirements, all installations on properties within any residential zoning district shall also comply with the following requirements:

      1.   In every case the installation shall not be located within any required setbacks or side yards.

      2.   The maximum allowable size of any antenna in a residential area shall be determined by the corresponding lot size as indicated on the following table:

 

 

 

 

   D.   Nonresidential Areas: In addition to the general requirements, all installations of antennas on properties lying within nonresidential zoning districts shall also comply with the following requirements:

      1.   Installation Setback: In every case the installation shall be set back from the property lines a minimum distance equal to two (2) times the height or equal to the required building setback, whichever is greater.

      2.   Antenna Size: The maximum allowable size of any antennas in a nonresidential zoning district shall be determined by the corresponding lot size as indicated on the following table:

 

 

 

 

      3.   Special Uses: Where an approved antenna does not comply with one or more of the requirements of this section or any other applicable provisions of this title, then a special use permit shall be required.

Any antenna installed permanently on the effective date hereof and which has been installed pursuant to a building permit issued on or before said date shall be deemed to be a legal nonconforming use and subject to the applicable provisions of this title. All other antennas shall be removed or otherwise modified to comply with this section within six (6) months of the effective date hereof. (Ord. 90-O-16, 7-3-1990)

The following requirements shall be applicable relative to the installation, construction, and/or maintenance of any fence or berm within the village. (Ord. 2013-O-12, 9-3-2013)

   A.   Permitted height of fences and berms in R-1, R-2, R-5, and C districts:

      1.   Front Yard: Fences and berms are prohibited in front yards.

      2.   Rear Yards And Side Yards: Fences and berms, or any combination thereof, shall not exceed seven feet (7') in height in any rear yard or side yard.

      3.   Corner Lot Side Yards: Fences and berms, or any combination thereof, shall not exceed four feet (4') in height in any corner lot side yard.

      4.   Through Lots: On any lot that has a rear yard abutting any road, street, or right of way, fences and berms or any combination thereof, shall not exceed seven feet (7') in height.

   B.   Location, construction, and maintenance of fences and berms in R-1, R-2, R-5, and C districts:

      1.   All fences shall be constructed of wood, brick, stone, wrought iron, extruded aluminum with a wrought iron appearance, vinyl, plastic, composite or similar decorative materials.

      2.   A gated entrance shall be provided. Gates shall not swing open into any sidewalk, street, alley, or across any property line.

      3.   Chainlink fences and temporary fencing shall be prohibited, except on construction sites or unless authorized as part of a planned development.

      4.   Barbed wire, woven wire, and/or livestock fencing shall be prohibited, except in the agricultural and countryside overlay districts.

      5.   Concrete and imitation concrete walls are prohibited.

      6.   Electrified fences shall be prohibited, except in agricultural and countryside overlay districts.

      7.   Fences may be constructed up to the property line, except as otherwise provided in this section.

      8.   No fence or berm shall be installed, erected, constructed, located, and/or maintained in such a manner so as to impede or block stormwater and/or surface water flows, except as may be approved in advance in writing by the village engineer.

      9.   No fence or berm shall be installed, erected, constructed, located, and/or maintained in such manner so as to impede the sightlines of any vehicle on, entering, or leaving any public right of way.

      10.   If a fence is designed so that one side has a more finished appearance, the side with the more finished appearance shall be located on the exterior so as to face adjoining properties and away from the property on which it is located.

      11.   If a fence is designed with posts, the posts shall be placed on the inside of the fence or centered on the plane of the fence.

      12.   No fence or berm shall be erected within any public right of way.

      13.   The installation of any impervious surface on a berm is and shall be prohibited, except as otherwise approved in advance by the village administrator, or his designee.

      14.   Fences shall be maintained in good repair and in structurally sound condition and in a neat, clean, attractive, and good condition. (Ord. 2013-O-12, 9-3-2013)

   A.   Permitted height of fences and berms in the B, M and O districts:

      1.   Front Yards: Fences and berms are prohibited in front yards.

      2.   Rear Yards And Side Yards: Fences and berms, or any combination thereof, shall not exceed eight feet (8') in height in any rear yard or side yard.

      3.   Corner Lot Side Yards: Fences and berms, or any combination thereof, shall not exceed six feet (6') in height on any corner lot side yard.

      4.   Through Lots: On any lot which has a rear yard abutting any road, street, or right of way, fences and berms or any combination thereof, shall not exceed eight feet (8') in height.

   B.   Location, construction, and maintenance of fences and berms in the B, M, and O districts:

      1.   Fences may be constructed of wood, brick, stone, wrought iron, extruded aluminum with a wrought iron appearance, vinyl, plastic, chainlink, composite, or similar material.

      2.   A gated entrance shall be provided. Gates shall not swing open into any sidewalk, street, alley, or across any property line. Where gates are kept locked or are lockable, the applicable fire department shall be provided access by keys and/or a knox box.

      3.   Barbed wire is prohibited, except in agricultural and countryside overlay districts.

      4.   Concrete and imitation concrete walls are prohibited.

      5.   Electrified fences shall be prohibited, except in agricultural and countryside overlay districts.

      6.   Temporary fencing is prohibited except when used on a construction site.

      7.   Fences may be constructed up to the property line, except as otherwise provided in this section.

      8.   No fence or berm shall be installed, erected, constructed, located and/or maintained in such a manner so as to impede or block stormwater and/or surface water flows, except as may be approved in advance in writing by the village engineer.

      9.   No fence or berm shall be installed, erected, constructed, located, and/or maintained in such manner so as to impede the sightlines of any vehicle on, entering, or leaving any public right of way.

      10.   If a fence is designed so that one side has a more finished appearance, the side with the more finished appearance shall be located on the exterior so as to face adjoining properties and away from the property on which it is located.

      11.   If a fence is designed with posts, the posts shall be placed on the inside of the fence or centered on the plane of the fence.

      12.   No fence or berm shall be erected within any public right of way.

      13.   The installation of any hard surface on a berm is and shall be prohibited, except as otherwise approved in advance by the village administrator, or his designee.

      14.   Fences shall be maintained in good repair and in structurally sound condition and in a neat, clean, attractive, and good condition. (Ord. 2013-O-12, 9-3-2013)

The maximum permitted slope of any berm hereafter constructed or any existing berm subject to any substantial modification shall be a four to one (4:1) slope. Any such slope of any berm hereafter constructed or subject to any substantial modification shall be no steeper than four to one (4:1). (Ord. 2013-O-12, 9-3-2013)

The operation of any vehicle, watercraft, equipment or device powered by internal combustion of any kind for recreational purposes, including, but not limited to, dirt bikes, motorcycles, motorbikes, snowmobiles, all-terrain vehicles, personal watercraft and gas powered models, on any zoning lot or parcel within the village when: a) such operation(s) in the aggregate, exceeds two (2) hours within any twenty four (24) hour period; or b) when such operation(s) occurs before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.; and c) when any such operation is audible at the property line of such lot or parcel, is hereby declared to be a nuisance and is prohibited, provided, however, operations inconsistent with the provisions of this section may be authorized on property which is not within any residential zoning district by a special use permit granted in accordance with the terms of this section. (Ord. 95-O-4, 1-17-1995)

   A.   Permittance; Limitations; Restrictions And Standards: Temporary uses, as defined in this title, shall be permitted in all zoning districts, subject to the limitations, restrictions and standards established in this section and any other applicable provisions of this code. No temporary use shall continue for such a length of time that it constitutes a permanent use.

   B.   Restrictions On Occasional Sales: Restrictions on occasional sales in subsection 8-3-5F of this chapter are exempt from the standards of this section.

   C.   Temporary Uses Subject To Administrative Review: The following temporary uses may be permitted in any zoning district if the enforcement officer determines that same are reasonably necessary to address emergency or unique circumstances, such uses meet the requirements of this title and the other applicable provisions of this code, and except as specifically provided herein, shall only be located on property within the village only after a temporary use permit therefor has been issued by the village's enforcement officer, and shall be subject to the following limitations, restrictions and/or conditions:

Construction trailers, storage sheds and yards used for construction equipment and material, excluding bulk storage of hazardous or flammable materials, and portable lavatories, subject to timely and continued compliance with the following conditions:

      1.   The trailer, shed, storage area or portable lavatory is incidental to the construction of a building or development for which one or more village building or site development permit(s) has been issued.

      2.   The trailer, shed, storage area or portable lavatory is located on the same lot as the building or development, or an abutting lot with the written consent of that property owner.

      3.   The trailer, shed, storage area, or portable lavatory shall remain within the village as permitted by this section no longer than the time of construction, as determined by the issuance of any occupancy permit for the building or development, if applicable.

      4.   The trailer, shed, storage area or portable lavatory shall be located no closer than thirty feet (30') from any other property located in a residential district.

Dumpsters and/or roll-offs for refuse and/or recycling containers ("dumpsters"), subject to timely and continued compliance with the following conditions:

      1.   A dumpster shall be permitted to be located on a property in conjunction with a valid building permit, provided however, the owner(s) and/or occupant(s) of the subject property shall be responsible to immediately remove said dumpster from the property as soon as said dumpster is no longer reasonably necessary to serve the property, or when the enforcement officer determines that said dumpster is no longer reasonably necessary to serve the property, whichever first occurs.

      2.   A dumpster shall be permitted to be located on a property for a period of not to exceed fifteen (15) days in the aggregate from the date of issuance by the enforcement officer of a temporary use permit therefor for purposes other than construction and when not in conjunction with a valid building permit. An extension for an additional fifteen (15) days in the aggregate may be granted by the enforcement officer if the enforcement officer determines that such extension is reasonably necessary.

      3.   No dumpster shall be placed on any property within the village, not in conjunction with a valid building permit, until and unless a temporary use permit therefor shall have been obtained from the enforcement officer, and the applicant for said temporary use permit shall be required to provide to the enforcement officer any and all such information as determined to be reasonably necessary by the enforcement officer for issuance of the required permit.

      4.   Dumpsters shall be located only on the property being served and only with the written permission of the property owner(s).

      5.   No dumpster shall be located on village property (including, but not limited to, any village right of way), except with the prior written permission of the village board and/or village administrator.

Mobile home or trailer for temporary use as a construction office or a construction and sales office, subject to timely and continued compliance with the following conditions:

      1.   The construction, if any, is on the same property as the mobile home or trailer.

      2.   It is not moved to the site more than thirty (30) days prior to construction and is removed no later than thirty (30) days after construction has been completed as determined by the issuance of any occupancy permit for the building or development, if applicable.

      3.   It is not used for any purpose other than that connected with on site construction.

      4.   It is determined by the enforcement officer to be reasonably necessary, given the size and nature of the construction project.

      5.   It remains for a period not to exceed twenty four (24) months in the aggregate.

      6.   It is utilized only incidental to on site construction during daylight hours and not for residential living quarters.

      7.   It is parked in a location approved in advance in writing by the enforcement officer.

      8.   It is skirted in a manner approved in advance in writing by the enforcement officer.

      9.   If it is also to be utilized as a sales office, it shall provide adequate designated customer parking, as determined to be appropriate and necessary by the enforcement officer.

Portable storage units, subject to timely and continued compliance with the following conditions:

      1.   A portable storage unit located on any private property for a period of fifteen (15) days or less in the aggregate in any twelve (12) month period shall not require a temporary use permit issued by the enforcement officer but shall otherwise be subject to the restrictions and requirements of this section.

      2.   A portable storage unit located on private property for a period of greater than fifteen (15) days in the aggregate in any twelve (12) month period shall require a temporary use permit issued by the enforcement officer.

      3.   Except as provided in subsection 1 of this use, no portable storage unit shall be erected on any property within the village until and unless a temporary use permit therefor shall have been obtained from the enforcement officer, and the applicant for said temporary use permit shall be required to provide to the enforcement officer any such information as determined necessary by the enforcement officer for issuance of the required permit.

      4.   A portable storage unit shall be permitted to be located on any private property for not to exceed ninety (90) days in the aggregate in any twelve (12) month period. An extension of an additional ninety (90) day period in the aggregate in the same twelve (12) month period may be granted by the enforcement officer if the enforcement officer determines that such extension is reasonably necessary.

      5.   No portable storage unit may be located on any property, except with the written permission of the property owner(s).

      6.   No portable storage unit shall be located on any village property (including, but not limited to, any village right of way), except with the prior written permission of the village board and/or the village administrator.

      7.   A portable storage unit shall be located only on the private property being served, at least five feet (5') from any property line, and only on a hard surface driveway.

      8.   Only one portable storage unit shall be located on any private property at one time.

      9.   No such portable storage unit located on private property shall exceed sixteen feet (16') in length, eight feet (8') in width, and eight feet (8') in height.

Tents, or other temporary structures, subject to timely and continued compliance with the following conditions:

      1.   A tent or other temporary structure(s) erected on any property for fifteen (15) days or less in the aggregate in any twelve (12) month period shall not require a temporary use permit issued by the enforcement officer but shall otherwise be subject to the restrictions and requirements of this section.

      2.   A tent or other temporary structure(s) erected on any property for more than fifteen (15) days in the aggregate in any twelve (12) month period shall require a temporary use permit issued by the enforcement officer and shall be subject to the restrictions and requirements of this section.

      3.   Except as provided in subsection 1 of this use, no tent or other temporary structure(s) shall be erected on any property within the village until and unless a temporary use permit therefor shall have been obtained from the enforcement officer, and the applicant for said temporary use permit shall be required to provide to the enforcement officer any and all such information as determined necessary by the enforcement officer for issuance of the required permit.

      4.   No tents or other temporary structure(s) shall be erected on any property for more than forty five (45) days in the aggregate in any twelve (12) month period.

      5.   No tents or other temporary structure(s) shall be erected on any property, except with the prior written permission of the property owner(s).

      6.   No tent or other temporary structure(s) may be located on any village property, except with the prior written permission of the village board and/or the village administrator.

      7.   The height of the tent or other temporary structure(s) and setbacks applicable to the location of the tent or other temporary structure(s) shall conform to the regulations of the zoning district in which the property is located, unless otherwise determined to be reasonably necessary and approved in advance in writing by the enforcement officer.

      8.   The use conducted in the tent or other temporary structure(s) shall be a use permitted in the respective zoning district in which the property is located, unless otherwise determined to be reasonably necessary and approved in advance in writing by the enforcement officer.

   D.   Temporary Uses Subject To Review By The Village Board: Carnivals, outdoor festivals, sidewalk sales, educational, health and/or fitness exhibitions and events, farmers' market(s), or other public interest and special events ("the event") are permitted as temporary uses in any zoning district if such temporary uses meet the requirements of this title and the other applicable provisions of this code, shall only be located on property within the village after a temporary use permit therefor has been issued by the village board, and shall be subject to timely and continued compliance with the following conditions:

      1.   Vehicles, trailers, and other equipment related to the event shall not be permitted to block driveways or other points of emergency vehicular access to any property, or any portion of the public way.

      2.   The operation of the event shall be located entirely within the private or public property designated for the respective event(s).

      3.   The event(s) shall only be permitted during hours when the facility's parking would not be used for the primary use's high traffic generation activities.

      4.   If determined necessary by the village board, or by the applicable law enforcement or fire protection agency, access to the event(s) and security therefor may be controlled by qualified personnel paid for by the permit applicant. Prior to, and as a condition for, receiving a temporary use permit for any event, the permit applicant must provide to the village board, for its approval, written communication from the applicable law enforcement or fire protection agency that adequate access and security provisions for the respective event(s) have been made.

      5.   Prior to receiving a permit, and as a condition thereof, the permit applicant must provide to the village board, for its approval, written evidence that adequate provisions have been made for sanitary facilities for the respective event(s).

      6.   Prior to the commencement of any event(s) for which a temporary use permit is required, the building commissioner shall approve all electrical and lighting facilities for the respective event(s). Prior to receiving the required temporary use permit, the permit applicant must provide to the village board, for its approval, written communication from the building commissioner that adequate provisions have been made for electrical and lighting facilities.

      7.   Maximum noise levels and/or hours of operation for the event may be established by the village board, or its designee. The approved noise levels and/or hours of operation may be based on the distance of the site to adjoining residential uses and any history of complaints about similar events, or other factors reasonably determined to be relevant by the village board, or its designee.

      8.   The permit applicant shall provide to the village a security deposit in a form and in an amount approved by the village board, or its designee, for complete site restoration upon the event's conclusion or should the respective temporary use permit be revoked, if required by the village board. (Ord. 2010-O-20, 11-3-2010; amd. Ord. 2020-O-12, 5-5-2020)