Lake Bluff City Zoning Code

A.   Footings;

B.   Sills;

C.   Belt courses;

D.   Cornices;

E.   Ornamental features;

F.   Roof eaves under sloping roofs that protrude no more than 24 inches into the setback. See section 10-13-1, illustration 4 of this title;

G.   Landings at side egress doors, no more than 3.5 feet wide and protruding no more than 7.75 inches above grade. (Ord. 2022-38, 12-12-2022)

A.   One Year to Act Upon Relief: Subject to an extension of time granted by the Village Administrator pursuant to subsection B of this Section, or granted by the Board of Trustees by ordinance or resolution duly adopted, any permit or approval granted pursuant to this Title that is subject to a public hearing or public notice shall be valid for a period of one year unless: (i) a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or (ii) a certificate of occupancy is issued and a use commenced within that period. Where a process includes multiple approval steps, such as a preliminary plan for a planned development, the intermediate approval shall be valid for a period of one year unless an application is made for the next subsequent step and is thereafter diligently pursued to the next subsequent approval.

B.   Time Extension: Unless the Board of Trustees, by a duly adopted ordinance or resolution, shall expressly provide otherwise, the Village Administrator may, upon written request, for good cause shown and without any notice or hearing, extend the time limit imposed by subsection A of this Section for one or more periods not exceeding 12 months in the aggregate if the Village Administrator determines that such an extension is appropriate and necessary to avoid undue hardship. All such written requests shall be submitted to the Village Administrator prior to the expiration of the time limit for which an extension is sought. The Village Administrator shall inform the Village Board of all extensions granted pursuant to this subsection B. (Ord. 2022-38, 12-12-2022)

A.   Permitted Districts: Aboveground fuel storage tanks shall be permitted only in the following districts: L-1 District, L-2 District, S District, R District, and AP-1 District.

B.   Location: No aboveground fuel storage tank shall be located less than 500 feet from any lot on which a residential or apartment building, school, nursing home, or daycare center or facility is located. For purposes of this provision, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the aboveground fuel storage tank to the nearest point on the lot line of the lot on which a residential or apartment building, school, nursing home, or daycare center or facility is located.

C.   Capacity: The maximum capacity for any single aboveground fuel storage tank shall not exceed 2,500 gallons. The maximum capacity for all aboveground fuel storage tanks located on any one zoning lot shall not exceed 5,000 gallons.

D.   Number Per Lot: Not more than two aboveground fuel storage tanks shall be located on any one zoning lot at any one time.

E.   Evidence Of Permits, Licenses Or Certifications: The owner or operator of any aboveground fuel storage tank shall provide to the Village fire chief, prior to installation of the tank, evidence of any permits, licenses, or certifications required by any licensing or regulatory authorities other than the Village.

F.   Health Or Safety: No aboveground fuel storage tank shall be operated or maintained at any time so as to constitute a direct threat to the health or safety of individuals or property, as determined by the Village fire chief.

G.   Fire Chief Approval: The operation of all aboveground fuel storage tanks shall be subject to the prior approval of the Village Fire Chief.

H.   Compliance With Applicable Regulations And Laws: All aboveground fuel storage tanks shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including specifically, but without limitation, the rules and regulations set forth in this Title and Section 5-3-3 of this Code (Fire Prevention Code).

I.   Additional Regulations: In addition to the specific regulations set forth in this entry, aboveground fuel storage tanks shall be subject to such additional regulations as the Village Board of trustees may deem necessary, including specifically, but without limitation, regulations regarding: (i) landscaping, (ii) screening, and (iii) the proposed location, construction, and maintenance of the fuel storage tank. Additional regulations imposed pursuant hereto shall be specifically set forth in the ordinance granting a special use permit for any aboveground fuel storage tank. (Ord. 2022-38, 12-12-2022)

A.   Permitted District: Adult entertainment establishments shall be permitted only in the L-2 District.

B.   Location:

1.   Minimum Distance From Other Adult Entertainment Establishments: No adult entertainment establishment shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other adult entertainment establishment is located, established, maintained, or operated.

2.   Minimum Distance From Protected Uses: No adult entertainment establishment shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a protected use is located, established, maintained or operated.

3.   Minimum Distance From Residential Property: No adult entertainment establishment shall be located, established, maintained, or operated on any lot that has a property line within one 1,000 feet of the property line of any residential property.

4.   Measurement: For the purposes of this subsection, 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 adult entertainment establishment is located to the nearest point on a property line of: 1) any residential property or 2) any lot on which a protected use or other adult entertainment establishment, as the case may be, is located, established, maintained, or operated.

5.   Limited Exceptions: An adult entertainment establishment lawfully operating under this Code and under the Village adult use ordinance shall not be deemed to be in violation of the location restrictions set forth herein solely because: 1) a protected use subsequently locates within the minimum required distance of the adult entertainment establishment, or 2) property within the minimum required distance subsequently becomes residential property. This entry shall not apply to an adult entertainment establishment at a time when an application for an adult entertainment license under the adult use ordinance for that establishment is submitted after the license has previously expired, has been revoked, or is at that time under suspension. (Ord. 2022-38, 12-12-2022)

A.   Definition: A community residence is any use of a dwelling unit for the habitation by persons, whether adults or minors, who do not constitute a family and who are suffering from a handicap, as defined in, or judicially construed to be covered by, the United States fair housing act, 42 USC section 3602(h)(1), as the same has been, and may from time to time hereafter be, amended, or from a disability or impairment that the Board of Trustees determines, in its sole and absolute discretion, is similar to, but does not fall within said definition of, a handicap, together with caregivers and staff. The following are specifically excluded from this definition: living arrangements that serve as an alternative to incarceration; hospitals and clinics; boarding houses; convalescent homes; homes for the aged; orphanages; and similar facilities.

B.   Mapping Restriction: Community residences shall be permitted only in the following districts: C-E, E-1, E-2, A-A-A (R-1), A-A (R-2), A (R-3), B (R-4), C (R-5), and D (R-6).

C.   Location Restriction: No community residence shall be located less than 3,000 feet from any other community residence.

D.   Size Limitations: The unit in which a community residence is located shall have not more than one occupant per 100 square feet of floor area devoted to use for sleeping purposes; provided, however, that the Village Board of trustees may waive such requirement in connection with the issuance of a special use permit.

E.   Evidence Of Licenses: Each community residence shall provide evidence of any licenses or certifications required by any licensing or regulatory authorities other than the Village to the Building Commissioner.

F.   Supervision Of Children: Where any of the residents of the community residence are children, there must be at least one adult on the premises when such children are present, which adult shall be responsible, at all such times, for the supervision and the wellbeing of all such children. Where required under state or federal law, such adult supervisor shall be a duly qualified, trained, and licensed caregiver.

G.   Special Conditions: Each community residence shall comply with such lawful special conditions relating to fencing, screening, traffic, parking, visitors, equipment, and other matters as the Board of Trustees shall determine to be necessary and appropriate to prevent or minimize adverse effects on other property or improvements in the vicinity of the proposed community residence or upon public facilities or services, based upon the population of residents to be served in the community residence and the conditions of both the property on which the community residence is located and the surrounding properties.

H.   Identification Of Handicapped Residents: As part of its application for a special use permit for a community residence, the applicant shall identify whether any or all of the proposed residents of such facility fall within the definition of "handicap" as set forth in, or as judicially construed to be covered by, the fair housing act, 42 USC section 3602(h)(1), as the same has been, and may from time to time hereafter be, amended.

I.   Reasonable Accommodations For Community Residences:

1.   Purpose: The purpose of this subsection is to provide a procedure to request reasonable accommodation from the strict application of the Village's zoning regulations concerning special use permits for community residences pursuant to this section for persons seeking equal access to housing under the fair housing act, 42 USC section 3602(h)(1) (the "Act") and who have disabilities or handicaps as defined by the act.

2.   Applicability: A request for reasonable accommodation may be made by any person with a disability or handicap, as defined by the act, or by an entity acting on behalf of a person or persons with disabilities or handicaps to provide or secure equal opportunity to use and enjoy a community residence when the normal application of these zoning regulations would act as a barrier to such equal opportunities. A request for reasonable accommodation may include a modification or exception to the Village's zoning regulations when such modification or exception is necessary to eliminate regulatory barriers and provide a person with a disability or handicap with equal opportunity to use and enjoy a community residence. Requests for reasonable accommodation shall be made in the manner prescribed by subsection J3 of this section.

3.   Application Requirements:

a.   Application: Requests for reasonable accommodation shall be submitted on an application form provided by the Building Commissioner and shall contain the following information:

b.   Additional Information: The following information shall be submitted with the application:

c.   Filing: Upon the filing of the application, together with all information required in this section, the Building Commissioner shall refer the request for reasonable accommodation from these community residence regulations to the PCZBA.

4.   Public Hearing: Following the proper filing of a complete application for reasonable accommodation, notice of a public hearing shall be provided and a public hearing shall be conducted by the PCZBA in accordance with the provisions contained in this subsection.

a.   Notice Of Public Hearings:

b.   Concurrent Public Hearing For Related Zoning Relief: The PCZBA may conduct a single public hearing to consider the applicant's request for reasonable accommodation and any application by the applicant for related zoning relief, including, without a limitation, a request for a special use permit for a community residence, provided that each application is noticed for hearing as required pursuant to the zoning regulations.

5.   Recommendation: The PCZBA shall recommend granting, granting with modifications, or denying the request for reasonable accommodation. Failure of the PCZBA to submit its recommendation to the Village Board within 60 days of the close of the public hearing shall be deemed to be a recommendation of approval, unless the delay is at the request of the applicant.

6.   Considerations: In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:

a.   Whether the housing which is the subject of the request will be used by an individual or a group of individuals considered disabled or handicapped under the act;

b.   Whether the accommodation requested is financially, therapeutically, or otherwise necessary to make specific housing available to the individual or group of individuals with a disability or handicap under the act;

c.   Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit;

d.   Whether alternative accommodations would be suitable based on the circumstances of the particular application;

e.   Whether the requested reasonable accommodation would be consistent with the general purpose and intent of the zoning district in which the use is located;

f.   Whether the requested reasonable accommodation substantially affects the physical attributes of the property;

g.   Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Village; and

h.   Whether the requested reasonable accommodation would require a fundamental alteration in the nature of the Village's zoning regulations.

7.   Conditions: In granting a request for reasonable accommodation for a community residence, the Village Board may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would be consistent with the act and the considerations listed in this section. (Ord. 2022-38, 12-12-2022)

A.   Definitions: For purposes of this use, the following terms shall have the following meanings:

B.   Minimum Distance From Protected Uses: No medical cannabis dispensary shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility. For the purposes of this paragraph, 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 any property line of any use identified in this paragraph.

C.   Compliance With State Rules And Regulations: All medical cannabis dispensaries shall comply with all applicable state rules and regulations.

D.   Single Use Property: No medical cannabis dispensary shall be established in a multiple use or multiple-tenant property or on a site that shares parking with other uses.

E.   Setbacks: Setbacks for a medical cannabis dispensary must be consistent with the required setbacks of the applicable zoning district.

F.   Buffering From Other Medical Cannabis Dispensaries: Each medical cannabis dispensary shall be located a minimum of 1,000 feet from all other medical cannabis dispensaries as measured from the applicable property lines.

G.   Parking:

1.   Parking shall be located in an area which is visible from a public road or private road that is accessible to the public.

2.   Parking areas shall be screened as required by the applicable zoning district and in compliance with the state rules and regulations.

H.   Exterior Display:

1.   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 or similar products from any sidewalk, public or private right of way or any property other than the lot on which the dispensary is located.

2.   No portion of the exterior of the dispensary shall utilize or contain any flashing lights, searchlights, spotlights, or any similar lighting system.

I.   Signage: Notwithstanding any contrary provisions of this Code, the following signage requirements are required for medical cannabis dispensaries:

1.   All commercial signage for a medical cannabis dispensary shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the dispensary address.

2.   No signs may be directly illuminated.

3.   Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.

4.   Electronic message boards and temporary signs are not permitted in connection with a dispensary.

5.   Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or language referencing cannabis.

J.   Hours Of Operation: Medical cannabis dispensaries shall operate only between 6:00 A.M. and 8:00 P.M.

K.   Drive-Through Windows: Medical cannabis dispensaries shall not have drive-through facilities or provide drive-through service.

L.   Security And Video Surveillance: Each medical cannabis dispensary must provide security and video surveillance as required by the state rules and regulations.

M.   Conduct On Site:

1.   Loitering is prohibited on the dispensary property.

2.   It shall be prohibited to smoke, inhale or consume cannabis products in the medical cannabis dispensary or anywhere on the property occupied by the dispensary. (Ord. 2022-38, 12-12-2022)

A.   Purpose: The purpose of this Section is to provide specific regulations and standards for the placement and siting of personal wireless services antennas and related facilities that are meant to provide personal wireless services in the Village. The goal of this Section is to provide regulations that will facilitate the location of various types of personal wireless services antennas and facilities in permitted locations so that they are consistent with the character of the Village. The sizable areas of open space, the extensive natural landscaping, and the relatively low scale of structures in the Village all contribute to this unique and distinctive setting. Minimizing the adverse visual impact of personal wireless services antennas and facilities within the Village, and especially within the residential core of the Village, is one of the primary objectives of this Section, and the Village encourages providers of personal wireless services to be creative in designing personal wireless services antennas and facilities that minimally impact the unique and distinctive character of the Village. This Section is intended to allow personal wireless services antennas and facilities that are sufficient to allow adequate personal wireless services to citizens, the traveling public, and others within the Village, while maintaining the unique character of the Village as described in the Comprehensive Plan.

B.   Separation From Residential Districts And Properties: Personal wireless services antennas, antennas support structures, and personal wireless services facilities shall not be located within 500 feet from the nearest outside wall of any single-family dwelling in existence prior to the commencement of construction of such personal wireless services antennas, antenna support structures, or personal wireless services facilities; provided, however, that the personal wireless services antennas, antenna support structures, or personal wireless services facilities that are located on property owned by the Village may be located within 500 feet, but not less than 150 feet, from the nearest outside wall of any single-family dwelling.

C.   Design Of Antenna Support Structure: Every newly constructed antenna support structure for a personal wireless services antenna, other than an existing structure that is designed primarily for a purpose other than supporting a personal wireless services antenna, shall:

1.   Be constructed at the minimum height required to adequately serve the antennas placed thereon;

2.   Be a monopole, unless otherwise authorized by the Board of Trustees for good cause shown;

3.   Not be illuminated or have any signs installed thereon (other than private warning signs) unless otherwise required by federal law or regulations or authorized by the Board of Trustees;

4.   Be separated from any building on an adjoining lot by a distance that is not less than 110 percent of the height of the antenna support structure and be designed to withstand a wind force of 120 miles per hour without the use of supporting guywires. For the purposes of this requirement, this distance shall be measured horizontally from the center of the base of the antenna support structure to the point where the ground meets a vertical wall of such building; and

5.   Be adequately screened from view by the natural tree landscaping or otherwise designed in such a manner that the antenna support structure itself is minimally intrusive to the visual landscape.

D.   Location:

1.   Unavailability Of Village Sites: No personal wireless services antenna or antenna support structure shall be permitted on any lot that is not owned or occupied by the Village unless the applicant is able to demonstrate that no Village owned or occupied property is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services.

2.   Existing Structures: Personal wireless services antennas shall be mounted on existing antenna support structures or other lawfully existing buildings, unless otherwise provided in this section. No more than one antenna support structure shall be permitted on any one zoning lot.

E.   Collocation: Unless otherwise authorized by the Board of Trustees for good cause shown, every newly constructed antenna support structure for the provision of personal wireless services shall be designed, constructed and installed to be of a sufficient size and capacity to allow the commercially feasible location of personal wireless services antennas for additional providers of personal wireless services on such structure in the future. Any permit for such an antenna support structure may be conditioned on the agreement of the applicant to allow collocation of another provider of personal wireless services on commercially reasonable terms specified in such permit.

F.   Height: Personal wireless services antennas, antenna support structures, or personal wireless services facilities may extend to the following heights:

1.   Antennas And Antenna Support Structures:

a.   Monopoles: Antenna support structures for personal wireless services antennas may be a monopole that extends to a height of not more than 180 feet. Any deck on such a monopole shall be centered on the monopole and the radius from the center of the monopole to the outside of the deck shall not exceed six feet. No side of any such deck shall exceed six feet vertically.

b.   Antenna Support Structures Attached To Existing Buildings:

2.   Personal Wireless Services Facilities: Personal wireless services facilities located in a separate structure shall be limited by the applicable height limitations for accessory structures in the zoning Code. Personal wireless services facilities located in, or mounted on, an antenna support structure shall not exceed the height of such antenna support structure.

G.   Color: Every personal wireless services antenna and antenna support structure shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and antenna support structures; provided, however, that directional or "panel" antennas and omnidirectional or "whip" antennas mounted on the exterior of a building serving as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building.

H.   Buffering And Screening: Ground mounted antennas and antenna support structures shall be buffered and screened by a perimeter landscaped open space equal in width to the applicable required yard or ten feet, whichever is more, and consisting of an opaque fence, wall, or densely planted trees, hedges, or other landscaping materials. Such screening shall be provided between any such ground mounted antenna or antenna support structure and each lot line of the property on which such antenna or antenna support structure is located so as to provide the maximum reasonably achievable screening, as determined by the Village, of such antenna or antenna support structure from ground level view from adjacent properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than ten feet in height. Alternatively, for a roof mounted personal wireless services antenna and antenna support structure, the maximum reasonably achievable screening shall be provided between such personal wireless services antenna and antenna support structure and the view from adjoining properties and public or private streets.

I.   Protection Against Climbing: Every personal wireless services antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public with fencing or by other means approved by the Building Commissioner.

J.   Equipment Enclosures: All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna shall, whenever possible, be located within a lawfully preexisting structure or completely below grade. Where the Architectural Board of Review determines that the location of personal wireless facilities within an existing structure or below grade cannot be achieved in a reasonably cost effective manner, a new structure having not more than 150 square feet in gross floor area may be constructed to house such equipment, provided that such structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure. In granting a special use permit, the Village may waive the 150 square feet in order to permit construction of enclosures that provide additional space allowing for future installation of additional personal wireless services facilities.

K.   Licenses And Permits: The operator of every personal wireless services antenna shall submit to the Village copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. In addition, no personal wireless services antenna may be installed, nor may any antenna support structure or personal wireless services facility be constructed or altered, without a building permit issued therefor by the Village.

L.   Abandonment And Removal: When any personal wireless services antenna, antenna support structure, or personal wireless services facilities are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such personal wireless services antenna, antenna support structure, or personal wireless services facilities may be deemed to be abandoned by the Village. The owner of such personal wireless services antenna, antenna support structure, or personal wireless services facilities shall remove such abandoned items within 90 days following the mailing of written notice by the Village that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of personal wireless services use an antenna support structure or personal wireless services facility to provide personal wireless services, then the period of nonuse under this provision for any antenna support structure or personal wireless services facilities shall be measured from the cessation of operation by all such providers of the antenna support structure or personal wireless services facilities. (Ord. 2022-38, 12-12-2022)

A.   Primary Residence: The short-term rental property must be the property owner's primary residence.

B.   Residing: The property owner must reside at the property at least 275 days each calendar year.

C.   Accessory And Secondary Dwellings: Accessory or secondary dwelling units may not be used as short-term rentals.

D.   Parking:

1.   All overnight parking must be accomplished on site and on improved surfaces.

2.   Properties with adjacent driveways may not be used as short-term rentals.

E.   Maximum Guests Per Night: No short-term rental shall serve more than 10 guests per night.

F.   Minimum Length: No short-term rental shall be rented for less than two consecutive nights.

G.   Maximum Length: No short-term rental shall be rented for more than 45 days or more than 15 individual booking periods in any calendar year, whichever limit is reached first.

H.   Fire Alarm: All short-term rentals must have a fire alarm system monitored by a UL certified central station.

I.   Life Safety Requirements: All short-term rentals must comply with the following life safety requirements:

1.   Manual extinguishing equipment must be provided on each floor and in the kitchen used by short-term rental guests in accordance with National Fire Protection Association (NFPA) 10 - Standards for the Installation of Portable Fire Extinguishers.

2.   No combustible storage is permitted in or under stairways.

3.   No cooking facilities are permitted in guest rooms.

4.   All hallways and stairways must be adequately lighted.

5.   Portable heating devices are prohibited in guest rooms.

6.   A floor plan of the property to be used for short-term rental must be submitted to the Village.

7.   Smoke detectors and carbon monoxide detectors must be provided in each guest room.

8.   All bedrooms used for short-term rental must contain an egress window that complies with Section R310 of the 2015 International Residential Code. Specifically, the bedroom egress window must have a net clear opening of not less than 5.7 square feet obtained by the normal operation of the window from the inside; provided however, an egress window at or below grade must have a net clear opening of not less than five square feet. The egress window opening shall be at least 24 inches high and at least 20 inches wide. The egress window must have a sill height of not more than 44 inches. Egress windows at or below grade must be provided with a window well with a horizontal area of not less than nine square feet and with a horizontal projection and width of not less than 36 inches.

9.   All stair systems with four or more risers must have handrails.

10.   GFCI outlets must be installed as required by the Village Building Code.

J.   Annual Registration:

1.   Registration Required: Every property owner desiring to use their property as a short-term rental must register the property annually upon a form provided by the Village and filed with the Village Administrator.

2.   Contents Of Registration Form: The registrant must truthfully provide the information requested on the registration form, including, without limitation, the following:

a.   The property address and name of the property owner;

b.   An affirmation that the owner resides at the property at least 275 days per year;

c.   An affirmation that the owner has read and understands the restrictions contained in this section;

d.   Proof that the property owner has an insurance policy that covers the short-term rental use of the property in the amount of one million dollars per occurrence and a minimum of two million dollars aggregate. This requirement cannot be satisfied by insurance coverage provided by a short-term rental platform, including without limitation, Airbnb and HomeAway;

e.   If the property owner will not reside at the property during any of the short-term rental booking periods, the name and contact information for a local contact person who will be available at all times during such booking periods to immediately address non-emergency issues;

f.   An affirmation that copies or summaries of the applicable noise, solid waste and recycling, parking, and short-term rental regulations are tendered to each short-term rental guest; and

g.   A copy of the log required by subsection K of this section for the preceding year.

3.   Annual Registration Fee: The fee for short-term rental registration shall be paid to the Village at the time the annual registration form is filed, and the registration fees for each short-term rental shall be set out in Section 1-12-3 of this Code, under category "license fees". The registration fee will not be prorated.

4.   Life Safety Inspection Required: No short-term rental registration will be approved until a life safety inspection of the property is conducted by the Village.

5.   Registered List: A list of all registered short-term rentals will be posted on the Village's website and maintained at Village Hall.

6.   Maximum Registered: No more than six short-term rentals shall be registered by the Village at any one time; provided that the Village Board may increase or decrease the maximum number of short-term rental registrations by resolution duly adopted.

K.   Log: Owners must keep a log of the dates and the number of guests for each short-term rental booking period.

L.   Advertising And Signage:

1.   On-site and off-site signage advertising or otherwise promoting a short-term rental is prohibited.

2.   All online advertisements regarding short-term rentals, including listings on platforms including, without limitation, Airbnb and HomeAway, shall:

a.   List a valid short-term rental registration number issued by the Village; 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.

M.   Taxes: The Village's Home Rule Hotel Tax must be collected on gross short-term rental receipts and remitted to the Village in accordance with Title 1, Chapter 8, Article H of this Code.

N.   Penalty: Any person who violates any of the provisions of this section shall be fined not more than $5,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

A.   Permitted Solar Energy Systems: The following solar energy systems are allowed as a permitted use:

1.   Building integrated solar energy systems in any zoning district;

2.   Self-contained solar energy systems in any zoning district;

3.   Building mounted solar energy systems on property other than that used for residential purposes but only after design approval by the Architectural Board of Review pursuant to Section 10-2C-6.

4.   Building mounted solar energy systems on property used for residential purposes, after the Building Commissioner determines, based on review of the application required pursuant to subsection C1 of this section, that the proposed solar energy system:

a.   Complies with all applicable Village Codes, ordinances, and regulations.

b.   Does not extend above the highest point of the structure upon which it is to be mounted.

c.   Does not direct concentrated solar radiation or glare onto nearby properties or roadways.

d.   Satisfies any applicable architectural review requirements pursuant to Title 9, chapter 13 of this Code, which may require a referral to and hearing before the Architectural Board of Review pursuant to said chapter.

B.   Solar Energy Systems Requiring A Special Use Permit: Ground mounted solar energy systems in all zoning districts are allowed after all of the following: 1) a determination by the Building Commissioner that, based on review of the application required pursuant to subsection C1 of this section, the proposed solar energy system complies with all applicable Village Codes, ordinances, and regulations; 2) design review approval by the Architectural Board of Review; and 3) the issuance of a special use permit therefor.

C.   Regulations Applicable To All Solar Energy Systems: All solar energy systems shall comply with the regulations set forth in this subsection:

1.   Application Required For Building Mounted And Ground Mounted Systems: An application is required to be submitted to, and approved by, the Village Building Commissioner prior to the installation of a building mounted or ground mounted solar energy system, which application must include, without limitation, the following information:

a.   The name, address, and telephone number of: 1) the owner of the property, and 2) the person, firm, or corporation that will install the proposed system;

b.   Drawings and/or photographs depicting the location, size, and design details of the proposed system;

c.   The manufacturer's specifications of the solar collectors and other devices included in the proposed system;

d.   Plans and specifications showing the method of construction of the proposed system in compliance with the manufacturer's specifications;

e.   A site plan, drawn to scale, including, without limitation, the following information:

f.   A certification from the installer of the proposed solar energy system that the proposed solar energy system shall not direct concentrated solar radiation or glare onto nearby properties or roadways.

D.   Compliance With Laws: All solar energy systems shall comply with all applicable Village, State, and Federal laws and regulations, including, without limitation, the provisions of this section, this Title, and all Village building ordinances and regulations.

E.   Interference With Utilities, Roads, And Neighboring Properties: No solar energy system shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the Village, or so as to interfere with the reasonable use and enjoyment of any other property in the Village.

F.   Engineering Requirements: Solar energy systems shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute, as determined by the Building Commissioner.

G.   Glare: Solar energy systems shall not direct concentrated solar radiation or glare onto nearby properties or roadways. (Ord. 2022-38, 12-12-2022)

A.   Purpose: The purpose of this Section is to:

1.   Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of building mounted wind energy systems (BWES);

2.   Assure that any development and production of wind generated electricity in the Village is safe and to minimize any potentially adverse effects on adjoining properties and the broader community;

3.   Facilitate the development and production of wind generated electricity in the Village in a manner consistent with the existing character of the Village;

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

5.   Facilitate energy cost savings and economic opportunities for Village residents and businesses.

B.   Definitions: When used in this Section, the following terms shall have the meanings herein ascribed to them:

C.   General Regulations: Except as specifically provided otherwise in subsections D and E of this Section, all WES shall comply with the following general regulations:

1.   Only Building Mounted Wind Energy Systems Permitted: Building mounted wind energy systems (BWES) are the only type of WES permitted in the Village. Tower mounted wind energy systems (TMWES) are prohibited throughout the Village.

2.   Compliance With Laws: All BWES shall comply with all applicable Village, state, and federal laws and regulations, including, without limitation, the provisions of this subsection, this Code, and all Village building ordinances and regulations.

3.   Compliance With Permits: All BWES shall comply with all applicable BWES permits issued pursuant to this use, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.

4.   Horizontal Axis Wind Turbines Prohibited: No BWES may include a horizontal axis wind turbine at any location for any use within the Village.

5.   Interference With Utilities, Roads, And Neighboring Properties: No BWES shall be operated in a manner so as to interfere with any public right of way or any utility system in the Village, or so as to interfere with the reasonable use and enjoyment of any other property in the Village.

D.   General Engineering Regulations.

1.   All BWES 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.

2.   Each BWES shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute (ANSI).

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

4.   For turbines greater than 20 kW of nameplate capacity, the seal of a structural engineer shall be required.

E.   General Installation Regulations.

1.   BWES facilities must be installed according to manufacturer specifications.

2.   All necessary electrical connections must be made by a licensed electrician.

F.   General Sound Level Regulations.

1.   The average sound level produced by a WES shall not exceed the following maximums in the following locations:

a.   On any nonparticipating property located within a residential district, or used for residential purposes or for a school: 55 dBA during daytime hours, and 45 dBA during nighttime hours;

b.   On any nonparticipating property used for industrial purposes, 65 dBA at any time; and

c.   On any other nonparticipating property, 60 dBA at any time.

2.   No BWES shall operate with an average sound level more than five dBA above the nonoperational ambient level, as measured on any nonparticipating property used for residential purposes or for a school that is within 500 feet of the WES, or, if none, on any other nonparticipating property.

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

4.   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), and must measure the average sound level using an integrating sound level meter that meets the requirements of ANSI S1.43 (American National Standard Specifications For Integrating Averaging Sound Level Meters). Measurement procedures must meet the applicable portions of ANSI S1.29. 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. Measurements shall not be made when ground level winds exceed ten miles per hour.

5.   For purposes of calculating sound levels, five dBA shall be added to the measured average sound level from a BWES as a penalty when its sound emissions have an adverse character, as determined by the Village's Building Commissioner in the Building Commissioner's sole discretion, that includes, without limitation, prominent tones (e.g., a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (e.g., a periodic swishing sound).

6.   The Village may require the owner of a BWES, as the Village may determine necessary and at the owner's sole expense, to obtain field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute Of Noise Control Engineering, to determine whether a violation of this subsection is occurring or has occurred. In the event that a violation is occurring, the owner shall immediately discontinue operation of the BWES and promptly remedy the violation.

G.   General Shadow Flicker Regulations.

1.   No shadow flicker caused by any BWES shall fall at any time upon any building on a nonparticipating property that is either located in a residential district or that is used for residential purposes or for a school.

2.   No shadow flicker caused by any BWES shall fall for more than one hour on any calendar day on any window of a building on any nonparticipating property that is not located in a residential district and that is not used for residential purposes or for a school.

3.   As a condition of any permit issued pursuant to this subsection, the Village may require the applicant to commit to a schedule for turning BWES turbines off, in order to ensure compliance with the applicable shadow flicker regulations set forth in this subsection.

H.   Cessation Of Operation In Emergency: The owner of the BWES shall be required to immediately cease operation of the BWES for the duration of any emergency, as determined by the Village Administrator or the Village Administrator's designee. For purposes of this subsection, an emergency shall mean a condition or situation caused by the BWES or a natural or manmade disaster that presents an imminent physical threat of danger to life or significant threat to property.

I.   Electronic Interference: BWES facilities shall not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this subsection, "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.

J.   Maintenance.

1.   BWES facilities shall be maintained in operable condition at all times, except for reasonable maintenance and repair outages.

2.   Should a BWES become inoperable, or should any part of the BWES become damaged, or should a BWES violate a permit condition, the owner of the BWES shall cease operations immediately and remedy the condition within 90 days after receipt of a notice from the Village Administrator or the Village Administrator's designee regarding the condition; provided, however, that if the condition presents an immediate threat to the public health, safety, or welfare, the owner of the BWES shall remedy the condition promptly.

K.   Reporting To Village: Not less than once every 12 months, the owner of each BWES shall submit to the Village a sworn statement that the operation and maintenance of the BWES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the Village.

L.   Decommissioning.

1.   A BWES that is not in operable condition for a period exceeding 180 consecutive days shall be deemed abandoned. The owner of an abandoned BWES and the owner of the property on which the BWES is located shall cause the removal of all BWES structures and facilities within 90 days after receipt of a notice of abandonment from the Village.

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

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

M.   Performance Standards: In addition to the provisions of this use, all WES facilities shall be subject to, and comply with, the applicable performance standards for the zoning district where the WES facilities are located. If any provision of the performance standards for the zoning district conflict with any provisions of this use, the more restrictive provision will be applied.

N.   Installation: BWES devices may be structurally attached either on the roof or on the side of a building, if in accordance with the Village building Code. There shall be no maximum number of BWES devices that may be installed on any property, provided that each such device complies with all applicable provisions of this Code.

O.   Height: No portion of any BWES facility shall extend more than 15 feet above the highest point of the building on which they are mounted.

P.   Diameter: Unless authorized pursuant to a special use permit, the maximum diameter of a BWES shall be as follows:

1.   For a BWES that is mounted on a residential building, or on a property abutting a nonparticipating property that is located within a residential district or used for residential purposes, the diameter of the BWES shall not exceed the lesser of 10 feet, or 20 percent of the width of the front elevation of the building on which the BWES is mounted.

2.   For all other BWES, the diameter shall not exceed the lesser of 10 feet, or 50 percent of the width of the front elevation of the building on which the BWES is mounted.

Q.   Color And Sun Glint: BWES facilities shall be finished in a neutral color. 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 BWES.

R.   Signage: No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.

S.   Environmental Impact: In order to reduce potential bird perching and nesting, all structures used for BWES facilities shall be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the Village.

T.   Indemnification: The owner of each BWES, and the owner of the property on which the BWES is located, shall jointly and severally defend, indemnify and hold harmless the Village and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney fees arising out of any permit, approval, inspection, or other act or omission of the Village, or any acts or omissions of the owners concerning the operation of the BWES project without limitation, whether said liability is premised on contract or on tort.

U.   Subsequent Development: No BWES that is constructed and operated in compliance with this use shall be deemed to be in violation of this use solely as a result of any construction on, or rezoning of, any nonparticipating property that occurs after the first date of operation of the BWES.

V.   Applications For Wind Energy Systems: In addition to such other data and information ordinarily required in connection with an application for a special use permit, an application for a special use permit for a BWES shall submit to the Village as part of its application at least the following information:

1.   A project summary, including, without limitation, the manufacturer information and number of proposed turbines.

2.   Current photographs of the proposed location of the BWES.

3.   A front elevation depiction of the subject property, showing the location and proposed height of the top of the turbine from top of the building.

4.   Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of one million dollars per occurrence.

5.   Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

6.    A copy of the directions issued by the manufacturer of the proposed BWES for the proper installation, operation, and maintenance of the BWES.

7.   A certification of design compliance for the proposed BWES with respect to the applicable noise, structural, and safety regulations set forth in this use, which certification must have been obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

8.   An executed maintenance covenant, on a form provided by the Village, providing that the owner and all subsequent owners of the subject property will maintain the BWES in accordance and compliance with this use and with the maintenance directions issued by the manufacturer of the BWES. Said covenant shall, if approved, be recorded with the recorder of deeds of Lake County, Illinois and run with the property.

9.   The name of a local contact with authority to operate or repair the proposed BWES as needed and at any time, and the telephone number at which such contact may be reached on a 24-hour basis. At all times during which the BWES is in operable condition, the applicant shall have the duty to notify the Village of any changes to the information required pursuant to this paragraph.

10.   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.

11.   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 of any overhead or underground power lines and utility easements; and

b.   The locations and the expected duration of shadow flicker caused by the BWES facility. (Ord. 2022-38, 12-12-2022)