These supplementary regulations are listed or described in this chapter rather than repeated several times throughout this title, since they apply to several zones. These regulations pertain to certain specific uses, authorize certain exemptions, or relate to unusual conditions. (Ord. 2004-01-01, 1-14-2004)

It is the purpose of this section 10-4-1 to establish regulations and standards for the installation and operation of industrial uses, based upon consideration of the objectionable characteristics of such uses and the zones in which they are permitted. Further, this section 10-4-1 is intended to prescribe procedures and methods of measurement of industrial characteristics subject to such standards. (Ord. 2004-01-01, 1-14-2004)

Any use permitted in the LI or LI-2 zone, whether such use is permitted as a principal use or as an accessory use, shall be subject to these standards.

   A.   Permitted Procedure: Before a building permit is issued for a use in an LI zone, the applicant shall furnish the zoning officer sufficient information to enable the zoning officer to assure himself that all performance standards and site development standards set forth in the zoning ordinance can and will be complied with at all times. All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

   B.   Information Submission: The zoning officer, in order to determine whether or not the applicant will meet such standards, may require the applicant to submit the following information:

      1.   A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred feet (200') of the proposed site.

      2.   A description of the activity to be conducted regarding waste products, external effects or other conditions which are regulated herein; provided, however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

      3.   The type and location of abatement devices to control, or recorded instruments to measure, conformance with required standards, not including devices and instruments which are inherent in the manufacturing process.

      4.   Such other data and certification as may reasonably be required by the zoning officer to reach a determination.

      5.   When a new or altered use in an LI or LI-2 zone is proposed that may, in the opinion of the zoning officer, involve a possible violation of the regulations in section 10-4-1-3 of this chapter, the zoning officer shall, as condition precedent to issuing a building permit, require the deposit in escrow of an amount as specified from time to time in Section 1-18-1 of this Village Code, which escrow deposit shall be held by the Village for a period of one year from the date of the new or altered use or occupancy. The zoning officer shall notify the zoning board of appeals of such required deposit in escrow. Any unused portion of any such escrow deposits or remainders of escrow deposits shall be returned to the depositors at expiration of the escrow period. (Ord. 2004-01-01, 1-14-2004; amd. Ord. 2024-12-03, 12-2-2024)

In the LI and LI-2 zones, the following regulations shall apply:

   A.   Noise:

      1.   Permitted Noise Levels:

         a.   At no point on or beyond the boundary of any lot which abuts a lot in the same zone shall the sound pressure level resulting from any use or activity, whether open or enclosed, exceed the maximum permitted decibel levels for the designated octave band as set forth in table 3 of this section:

 

         b.   The sound pressure level resulting from any use or activity, which abuts any other zone, shall not exceed the maximum permitted level for the designated octave band as provided in table 3 of this section and as further set forth in table 4 of this section: (Ord. 2004-01-01, 1-14-2004)

 

 

(Ord. 2004-01-01, 1-14-2004; amd. Ord. 2014-07-01, 7-9-2014)

      2.   Method Of Measurement: Sound levels shall be measured with a sound level meter and associated octave band filter and impact noise filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network and "slow" meter response of the sound level meter. Impulsive type noises shall be subject to the performance standards if those noises are capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this title, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (±2) decibels. Noises incapable of being so measured, but objectionable because of intermittence, beat, frequency, or shrillness, shall be controlled so as not to become a nuisance to adjacent uses.

      3.   Exception: Nothing in this section shall apply to: noises not directly under the control of the property user; noises resulting from the construction and maintenance of buildings and facilities including site preparation; noises of safety signals or warning devices; and noises of railroad or trucking equipment. (Ord. 2004-01-01, 1-14-2004)

Steady state vibrations, for the purpose of this title, are vibrations which are continuous or vibrations in discrete pulses more frequent than one hundred (100) per minute. Discrete pulses, which do not exceed one hundred (100) impulses per minute, shall not cause displacement in excess of twice the values established in table 5 of this section. "Impact vibrations" shall mean vibrations occurring in discrete pulses separated by an interval of at least one minute and numbering no more than eight (8) per twenty four (24) hour period.

   A.   Permitted Vibration Displacements: At no point on or beyond the boundary of any lot shall the ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed the limits as established in tables 5 and 6 of this section for the various industrial zones and for any industrial zone boundary adjacent to a residential zone.

 

 

 

 

   B.   Method Of Measurement: For the purpose of measuring vibrations, a three (3) component measuring system denotes instrumentation, which can measure earthborn vibrations in three (3) directions, each of which occurs at right angles to the other two (2). (Ord. 2004-01-01, 1-14-2004)

The emission, from all sources within any lot, of particulate matter containing more than five percent (5%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. Emission of particulate matter from such sources in excess of weight limitations specified herein is prohibited. The emissions of smoke or particulate matter of density equal to, or greater than no. 2 on the Ringelmann chart is prohibited at all times, except as otherwise provided herein.

   A.   Smoke Emission:

      1.   In the LI zone, the emission of more than twelve (12) smoke units per stack in any one hour period is prohibited. However, once during any six (6) hour period each stack shall be permitted up to twelve (12) additional units in a fifteen (15) minute period for soot blowing and fire cleaning. Only during such fifteen (15) minute periods shall smoke of a density equal to, but not exceeding, Ringelmann no. 3 be permitted, and then only for fire cleaning and for not more than four (4) minutes per period.

   B.   Particulate Matter Emission: The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in table 7 of this section:

 

(Ord. 2004-01-01, 1-14-2004)

   A.   Smoke: For the purpose of grading the density of emission of smoke, the Ringelmann chart, published and used by the United States bureau of mines shall be employed. For the purpose of determining smoke units, the Ringelmann density reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

   B.   Particulate Matter: The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows:

Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot areas, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rates of emission from all sources of emission within the boundaries of the lot. It is the total that shall not exceed the rate established in section 10-4-1-5, table 7 of this chapter.

   C.   Odors: No continuous, frequent, or repetitive emission of odors or odor causing substances, which would be offensive beyond any property line of any industrial use, will be permitted. An odor emitted no more than fifteen (15) minutes in any one day shall not be deemed as continuous frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process, which may involve the creation or emission of any odors, shall be provided with a primary and secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Illinois air pollution control board shall be complied with.

   D.   Radiation Hazards: The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with: 1) the applicable regulations of the nuclear regulatory commission, and 2) the applicable regulations of any instrumentality of the state of Illinois.

   E.   Fire And Explosive Hazards:

      1.   The provisions of 225 Illinois Compiled Statutes 210/1001 et seq., shall be complied with, and no explosives shall be stored, used or manufactured without first submitting to the zoning officer a certificate of compliance from the Illinois department of mines and minerals.

      2.   No gasoline or other inflammables or explosives shall be stored unless the location, plans and construction conforms to the laws and regulations of the state of Illinois and have the approval of the state division of fire prevention of the department of public safety.

   F.   Glare And Heat: Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky reflected glare shall emanate from any use or activity so as to be visible at any point on or beyond the boundary of the lot on which such use or other applicable ordinances, nor to activities of a temporary or of an emergency nature. Night lighting necessary for safety and the protection of property is excluded from this provision.

   G.   Electromagnetic Interference: There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

   H.   Electromagnetic Spillage: There shall be no spillage from electromagnetic fields upon adjacent properties in excess of those permitted in the conditional use permit. (Ord. 2004-01-01, 1-14-2004)

The Zoning Officer shall enforce the provisions of this section 10-4-1.

   A.   If, during the one year period that the escrow deposit is held, the Zoning Officer believes there is a reasonable probability that the regulations of this section 10-4-1 are being violated, he may employ a qualified technician or technicians to perform investigations, measurements, and analyses to determine whether or not the regulations are being violated, and may pay their reasonable fees out of the aforementioned escrow deposit, regardless of the outcome of the investigations. If the reasonable fees of such technician or technicians exceed the amount of any available escrow deposit, and if a violation of this section 10-4-1 is discovered, the fees may be recorded as a penalty in the same manner as, and in addition to, the penalty specified in chapter 11 of this title.

   B.   In cases not covered by escrow deposit but in which, in the opinion of the Zoning Officer, there is a reasonable probability that any use or occupancy violates the regulations of this section 10-4-1, he is hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section 10-4-1 are being violated. In the event that a violation is found to exist, the violators shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in chapter 11 of this title.

   C.   In addition, the Village may require the installation, maintenance and operation by the offending industry of continuous measuring or recording instruments to demonstrate the operation and to ensure continuous compliance with the prescribed standards. (Ord. 2004-01-01, 1-14-2004)

See section 4-6-1 of this Code. (Ord. 2004-01-01, 1-14-2004)

   A.   General Requirements: In order to accomplish the general purposes of this title for certain uses, otherwise permitted as a matter of right, are required to meet one or more additional conditions of development. These conditions are applicable to all special uses. No hearing or special review process is required to develop a special use.

   B.   Uses: The following uses shall be subject to the regulations of this section as well as those of the remainder of this title:

      1.   Childcare Facility (Listed In Section 10-3B-2, Table 1 Of This Title, As "S"):

         a.   Development and operation must conform to State regulations.

         b.   An off street passenger loading area must be provided if use is located on a collector or arterial street, except for Cedar Avenue.

         c.   In current Districts AG, NC, SR, UR1, UR2, UR3, UR3A, UR4 and prior Districts SR1, SR2, SR3, SR4, R1 and R2, childcare facilities may only be approved when: 1) operated as a home occupation with up to seven (7) children, or 2) when located on a site with a school, church, community center or other public or semipublic building equipped for multiuse purposes; and in either case, such facilities shall meet the conditions set forth in subsections B1a and B1b of this section.

      2.   Emergency Care, Trauma Center:

         a.   Must be located with primary access directly onto collector street.

      3.   All Outdoor Vehicle Sales And/Or Service Uses: All outdoor vehicle sales and/or service uses (except those requiring authorization as a conditional use permit) shall be permitted only as special uses and shall be required to comply with the following additional conditions or obtain the required approval(s) as follows:

         a.   A fence or other screening shall be installed as needed around the subject property as determined by the Zoning Officer in order to screen vehicles being serviced or waiting to be serviced.

         b.   Exterior lighting plan shall be submitted to the Zoning Officer for his prior written approval.

         c.   Access to and from the subject property shall be approved in advance in writing by the Zoning Officer.

         d.   Customer parking area and number and location of parking spaces shall be approved in advance in writing by the Zoning Officer.

         e.   Number of vehicles and rotation of vehicles kept and/or displayed on the property shall be approved in advance in writing by the Zoning Officer.

         f.   Number of any inoperable vehicles and the length of time permitted to remain on property shall be approved in advance in writing by the Zoning Officer, but notwithstanding such approval, no inoperable vehicles shall be in an unscreened area for more than two (2) hours on any day.

         g.   The number of vehicles allowed on the subject property at any one time shall be approved in advance in writing by the Zoning Officer.

         h.   All setbacks from property lines shall be approved in advance in writing by the Zoning Officer.

         i.   All signs and their locations shall be approved in advance in writing by the Zoning Officer.

         j.   No display of items shall be permitted in any public right-of- way.

      4.   Outside Sales, Storage And/Or Display Uses:

         a.   Within Enclosed Structures; Exceptions: All business, service, repair, processing, storage or merchandise sales and display shall be conducted wholly within enclosed structures, except that outside sales, storage, and display uses shall be permitted as a special use when such outside sales and display are accessory to inside sales on the same lot and when authorized by one or more of the following exceptions:

            (1)   The sale of automotive fuels, lubricants, coolants, windshield washer fluid, packaged salt products, firewood, mulch, in automotive service stations.

            (2)   Nursery stock, garden and farm equipment and/or supplies, and outdoor furniture and recreation or play equipment.

            (3)   Propane sales (i.e., tank exchanges and refilling of tanks for consumer use).

            (4)   Sale of new or used automobiles, trucks, motorcycles, trailers, boats or any other recreation vehicles when all are in operable condition.

            (5)   Vending machines, in conjunction with another permitted use.

            (6)   Outdoor recreational uses, including swimming pools, golf courses, golf driving ranges and miniature golf and parking lots.

            (7)   Drive-in and drive-through restaurants.

            (8)   Drive-in financial institutions.

            (9)   Building materials, when enclosed and fully screened by a fence.

            (10)   Community wide events with the prior written permission of the Village Board.

         b.   Standards: All outside sales, storage and/or display uses shall be special uses and shall conform to the following standards:

            (1)   All items shall be displayed wholly upon the lot or parcel on which the principal sales structure is located.

            (2)   Items shall not be displayed or sold upon public property or within any public right-of-way, except for community events referred to in subsection B4a(10) of this section.

            (3)   All items displayed outdoors shall be so displayed in a neat and orderly manner or screened from view by a fence.

            (4)   The outside sales, storage, and/or display of items shall not affect or impair the safe movement of vehicles or pedestrians.

      5.   Commercial Recreation Uses, Outdoor (If Listed In Section 10-3B-2, Table 1 Of This Title As "S"):

         a.   Must be located with primary access directly onto a collector street.

         b.   Outdoor lighting must conform to the standards of the SB Zone for all uses and each lighting type. (See chapter 6, article B of this title.)

      6.   Retail Sales As An Accessory Use To Light Industrial Uses:

         a.   Area devoted to display and sales of retail items shall not exceed twenty percent (20%) of the gross floor area.

      7.   Tattoo Studio: A tattoo studio may be located by right as a special use within the SB zoning district but only if the location of the proposed tattoo studio will be at least one thousand feet (1,000') from any other existing tattoo studio (as measured from building to building). (Ord. 2015-01-02, 1-28-2015; amd. Ord. 2019-02-03, 2-4-2019; Ord. 2020-01-01, 1-6-2020)

In order to accomplish the general purposes of the plan, certain unusual uses need special consideration. Such uses need special regulations to ensure compatibility with the existing development. Often the effects of these uses on nearby areas cannot be foreseen until a specific site has been proposed. Therefore, requests for these uses must be given special consideration and should be located relative to the existing development pattern. These uses are not permitted automatically, but are subjective to the regulations of this section and the procedure required for a conditional use permit under section 10-7-2 of this title.

   A.   Requirements: No conditional use permit shall be issued unless the following standards are met:

      1.   Location: The site shall be so situated that the proposed use is compatible with the existing or planned future development of the area.

      2.   Zone Requirements: All regulations of the zone in which a conditional use is located shall apply to such uses, except where specifically amended by the conditions under which the conditional use permit is granted.

      3.   Lot Area: A conditional use shall be located on a lot or a zoning lot, which conforms to the zone regulations, unless the lot area requirement is specified in this section.

      4.   Application Requirements: An application for a conditional use permit shall be accompanied by the following information and exhibits:

         a.   A plot plan of the proposed site and of the surrounding area within three hundred feet (300') of the site showing the location of and name of all streets, easements, and railroad or utility rights-of-way; the location of any subdivided lands; and the location of any parks, other public open spaces or uses, residences, or other permanent structures.

         b.   A drawing showing the proposed development of the site.

         c.   Any additional information specified in this section for the particular use.

      5.   General Requirements: In addition to the specific requirements for specific proposed conditional uses, every conditional use must meet the following standards which may include as a condition of approval various improvements and restrictions to ensure compatibility with existing and anticipated uses as well as the trend of development in proximity to the proposed conditional use:

         a.   Suitable landscaping and/or buffer yard.

         b.   Restrictions of the use of setback areas, including the prohibition or regulation of parking or storage within the setback areas.

         c.   Restrictions on signage.

         d.   Specific parking requirements at specific locations on the site.

         e.   An approved lighting plan with illumination standards.

         f.   Limitations of the hours of operation.

         g.   Limitations on or standards for the external facade of any buildings or other structures.

         h.   The minimum acreage necessary to reasonably accommodate the proposed conditional use.

         i.   Such conditions as are necessary to ensure that the use does not generate noise or air pollution, or otherwise constitute a nuisance to other uses in proximity to the proposed conditional use.

         j.   Such other terms and conditions as determined by the village board, which are useful and expedient in permitting the conditional use but at the same time preserving the zoning integrity of the proximate area, and ensuring compatibility of the proposed conditional use with existing and anticipated uses in proximity to the proposed conditional use.

      6.   Approval: Approval of the village board per section 10-7-2 of this title.

   B.   Uses: The following uses shall be subject to the regulations of this section as well as the remainder of this title, and to any additional requirements imposed in the public interest to cover circumstances unique to the selected site:

      1.   Reserved.

      2.   Sheltered Care Home:

         a.   Development and operation must conform to state regulations.

      3.   Kennel, Private And Commercial:

         a.   A maximum of five (5) dogs per acre shall be permitted.

         b.   Outdoor containments for dogs shall be located a minimum of twenty feet (20') from all property lines.

      4.   Stables, Private And Commercial: No commercial or private stables listed as a conditional use in section 10-3B-2, table 1 of this title shall be permitted unless the following criteria are met. The following criteria apply only to stables:

         a.   The minimum lot size area shall be five (5) acres.

            (1)   If any horses or other riding animals are kept outside of any building, the maximum number of such animals shall be one animal per one hundred thousand (100,000) square feet.

            (2)   If any riding animals are kept inside a building, the maximum number of such animals shall be limited to the building capacity to house, show, and ride said animals. A stall shall be provided for each animal. The minimum dimensions of each stall shall be ten feet by ten feet (10' x 10').

         b.   The following minimum setbacks shall be provided:

            (1)   Stables, corrals, and piles of manure, feed, and bedding shall be located no closer than seventy five feet (75') from any street or nonresidential lot line, and one hundred feet (100') from any adjoining residential property, in order to minimize odor and nuisance problems. Pastures may extend to any street or nonresidential lot line, and to within ten feet (10') of any adjoining residential property.

            (2)   Manure from stable operations shall not be applied or stored on land that is closer than one hundred feet (100') to any adjoining property.

         c.   A vegetative strip at least fifty feet (50') wide shall be maintained between any corral, manure pile, or application area and any surface water or well, in order to minimize runoff, prevent erosion, and promote quick nitrogen absorption.

         d.   In areas with slope of five percent (5%) or less, corrals and manure piles shall be one hundred fifty feet (150') from a well and two hundred feet (200') from any surface water, unless the water is upgrade, or there is adequate diking.

         e.   Corrals, manure piles and manure application areas are prohibited in areas with slopes greater than five percent (5%) in floodplains, drainageways, and wetlands.

         f.   Manure shall not be applied closer than seventy five feet (75') to a well or to any surface water, unless the water is upgrade or there is adequate diking as determined by the health department.

         g.   For commercial stables, parking spaces are required as follows: one space for every two (2) riding animals, based on the maximum number of animals permitted on the property, plus one space for every employee on the largest shift.

         h.   Special events such as shows, exhibitions, and contests shall only be permitted when a zoning certificate has been granted and when a temporary use permit has been secured.

      5.   Cemetery:

         a.   The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity. In addition, the site shall have direct access to a public thoroughfare.

         b.   Any new cemetery shall be located on a site containing at least twenty (20) acres.

         c.   All burial buildings shall be set back at least eighty feet (80') from any street bounding the cemetery; and there shall be two (2) side yards and a rear yard of at least fifty five feet (55') each. A burial building is any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults, or columbariums.

         d.   All graves or burial lots shall be set back at least thirty feet (30') from any street bounding the cemetery and there shall be two (2) side yards and a rear yard of at least twenty five feet (25') each.

         e.   Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently covered by a conditional use permit. Any expansion to land not covered by an existing conditional use permit must comply with the requirements of this paragraph.

      6.   Child And Adult Daycare Facilities:

         a.   Adult respite care center (listed in section 10-3B-2, table 1 of this title, as "C"):

            (1)   Development and operation must conform to state regulations.

            (2)   Off street passenger loading area must be provided.

            (3)   In current districts AG, NC, SR, UR1, UR2, UR3, UR3A, UR4 and prior districts SR1, SR2, SR3, SR4, R1 and R2, daycare centers with more than eight (8) adults may only be approved when located on a site with a school, church, community center or other public or semipublic building equipped for multipurposes and meeting conditions in subsections B6a(1) and B6a(2) of this section.

         b.   Childcare facility (listed in section 10-3B-2, table 1 of this title as "C"):

            (1)   Development and operation must conform to state regulations.

            (2)   An off street passenger loading area must be provided if use is located on a collector or arterial street, except for Cedar Avenue.

      7.   Hospital:

         a.   Development and operation must conform to state regulations.

         b.   Off street passenger loading area must be provided.

         c.   Emergency entrance must be located off of collector or arterial street.

         d.   Must be located with primary access directly onto collector street.

      8.   Nursing Home Or Convalescent Home:

         a.   Development and operation must conform to state regulations.

         b.   Off street passenger loading area must be provided.

         c.   Must be located with primary access directly onto collector street.

      9.   Spectator Sports Facility:

         a.   Must be located with primary access directly onto collector street.

      10.   Commercial Centers:

         a.   All requirements of this title, in addition to the specific requirements of this section, must be met by any commercial center.

         b.   All individual uses proposed for a commercial center must comply with section 10-3B-2, table 1 of this title. For example, warehouses would not be permitted within a commercial center located in the SB district.

         c.   All off street parking spaces and servicing drives shall be located within the boundaries of the property being developed as a commercial center.

         d.   Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty six feet (26') in width and shall be in addition to and not part of the drives or circulation system used by the vehicles of clientele.

         e.   The arrangement of truck loading and unloading facilities for each shop or store shall be such that in the process of loading or unloading no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked.

         f.   Each commercial center shall be provided with enclosed waste pens of sufficient size and number to accommodate all trash and waste stored on the premises in a convenient manner.

         g.   There shall be no trash burner or incinerator, or any burning of trash or rubbish on the premises.

         h.   Outlots are permitted in a commercial center provided that: 1) internal and external vehicular and pedestrian circulation is not adversely affected; 2) parking and landscaping requirements are met individually for each outlot and for the primary center; 3) a consistency of design is maintained between the commercial center and the outlots.

      11.   Drive-Up Facilities:

         a.   May not adversely affect vehicular or pedestrian movement.

      12.   Outdoor Vehicle Sales And/Or Service Uses: These uses which are authorized only as conditional uses in section 10-3B-2, table 1 of this title (as "C") shall also meet the conditions for outdoor vehicle sales and/or service uses and outdoor sales and display uses which are set forth in section 10-4-3, "Standards For Special Uses", of this chapter, and specifically subsections 10-4-3B3 and B4 of this title.

      13.   Miniwarehouse; Personal Storage Facility:

         a.   Perimeter of property shall be screened with a minimum "D" buffer yard.

         b.   Any storage area door must not be visible from a public right of way.

         c.   Building exterior must be designed to complement the appearance of nearby developed properties, regardless of their zoning district.

      14.   Reserved.

      15.   Recreational Accessory Use:

         a.   Notwithstanding the provisions elsewhere, the following uses are permitted as accessory uses to permitted recreational uses only after the issuance of a conditional use permit:

            (1)   Cocktail lounge and dining area;

            (2)   Dining facilities and kitchen;

            (3)   Game rooms and outdoor game courts;

            (4)   Soccer fields.

         b.   The location, size, and intensity of these accessory uses shall be restricted and determined in relation to the effects of such uses upon the environment, including effect upon traffic. The restrictions shall be incorporated in the required conditional use permit.

         c.   In no case shall a recreational accessory use predate the installation and operation of the principal use. When the principal use ceases to operate, the accessory use shall immediately cease.

      16.   Commercial Recreation Use, Outdoor (Listed In Section 10-3B-2, Table 1 Of This Title, As "C"):

         a.   Outdoor lighting must conform to the standards of the SB zone for all uses and each lighting type. (See chapter 6, article B of this title.)

         b.   Must be located with primary access directly onto a collector street.

      17.   Drive-In Theater, Tent Theater:

         a.   The site shall contain at least five (5) acres.

         b.   The site shall have direct access to a major street.

         c.   All structures, viewing area, and seating areas shall be set back at least one hundred feet (100') from any street or boundary line.

         d.   All parking areas and accessways shall be adequately lighted; however, such lighting shall be shielded to prevent glare or reflection onto neighboring properties or public streets.

         e.   Off street parking spaces shall be provided in accordance with the provisions in this zoning ordinance.

         f.   An amusement park, kiddie land, refreshment stand, and/or souvenir stand may be permitted as accessory uses incidental to, and limited to, patrons of the principal use.

         g.   For any drive-in theater:

            (1)   The theater screen shall not be visible from any collector or larger street within two thousand five hundred feet (2,500'). The viewing area shall be screened in such a manner that it cannot be observed from outside the property.

            (2)   Off street space for automobiles of patrons awaiting admission to the theater shall be equal to no less than thirty percent (30%) of the capacity of the viewing area. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic.

      18.   Reserved.

      19.   Research Laboratory:

         a.   Must conform to all state and federal regulations.

         b.   Work with or production of hazardous materials or wastes is not permitted.

      20.   Septic Tank Service: Any portion of the lot on which septic tank service is performed shall be located a minimum of two hundred feet (200') from areas zoned NC, SR1, SR2, SR3, SR4, R1, R2, UR1, UR2, UR3, UR3A, and UR4.

      21.   Airports And Heliports:

         a.   The area shall be sufficient and the site otherwise adequate to meet the standards of the federal aviation agency and the Illinois department of aeronautics for the class of airport proposed, in accordance with their published rules and regulations.

         b.   There shall be an adequate number of off street parking spaces at least equal to the number of spaces in the hangars plus tie down spaces, plus spaces for accessory uses.

         c.   Any proposed runway or landing strip shall be situated so that the approach zones are free of any flight obstructions such as towers, chimneys, other tall structures, or natural obstructions outside the airport site.

         d.   There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the federal aviation agency. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.

      22.   Reserved.

      23.   Public And Private Utilities, Public Services: Buildings, structures, and transmission lines not designed primarily for local service only, including, but not limited to, water, sewerage, gas, telephone, and/or electric utilities; and police, fire, radio, and television stations, including broadcasting antennas shall comply with the following:

         a.   Jurisdiction Approval: Applications for permission to operate waterworks or sewage treatment plants shall be accompanied by a report and a recommendation from all government entities having jurisdiction. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent shall be incorporated in the conditional use permit.

         b.   Lot Area And Location: The required lot area and location shall be specified as part of the conditional use permit and be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.

         c.   Fencing Or Screening: If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.

         d.   Performance Standards: The proposed structure or use shall satisfy the performance standards set forth in section 10-4-1 of this chapter.

      24.   Institutional Mixed Use: The institutional mixed use is primarily a residential and school facility. Other uses subordinate to and directly related to the primary use, such as medical, health, and physical therapy services for the resident populations and outpatients with similar needs may be permitted. The following standards shall apply to all approved uses and shall not be varied:

         a.   Commercial Uses: Limited commercial uses may be permitted when they are clearly subordinate and accessory to the primary uses, such as when they serve an educational or therapeutic value for residents and all sales proceeds to benefit the primary uses. Such commercial uses shall occupy no more than two percent (2%) of the total floor area of all buildings, measured from the exterior footprint, or five thousand (5,000) square feet, whichever is less. Gift shops, craft shops, or plant/flower shops are examples of uses which may be permitted.

         b.   Agricultural Uses: Limited agricultural uses such as nurseries or greenhouses may be permitted, which are subordinate to and clearly relate to the primary uses, and serve an educational or therapeutic value for residents and all sales proceeds benefit the primary uses. Agricultural uses shall not include the raising or sale of agricultural animals such as, but not limited to, sheep, pigs, cows, goats, chickens, ducks, ostriches, and the like.

         c.   Prohibited Uses: Hospitals, commercial recreation, automobile related uses, and industry (except handicrafts) are prohibited, as well as such other uses, as may be determined by the village board at time of conditional use permit approval.

         d.   Floor Area Ratio: The maximum floor area ratio shall not exceed the percentage listed in section 10-3C-2, table 2, column 12 of this title.

         e.   Impervious Surface Ratio: The maximum impervious surface ratio shall not exceed the percentage shown on the site capacity chart in subsection 10-8-1C of this title.

         f.   Height: The maximum height of principal buildings shall not exceed forty feet (40'). An exception shall be permitted for architectural purposes to the primary building or buildings in the campus to permit a portion of such building to be a maximum of fifty feet (50') in height, but not to exceed ten percent (10%) of the building's floor area, for such architectural purpose, such as a clock tower or campanile.

         g.   Setbacks: The minimum front yard setback from major arterials, such as Grand Avenue, Route 83, Grass Lake Road, Cedar Lake Road, Monaville Road, Fairfield Road, and Route 59, shall be one hundred feet (100'). A fifty foot (50') setback shall be required from all other property lines. As to all buildings built after the issuance of the conditional use permit, the setbacks from internal public streets shall be thirty feet (30') and from private roads shall be ten feet (10').

         h.   Campus Development Plan: As part of the approval process, the applicant shall submit a campus development plan indicating the campus long range plans and showing all proposed uses, buildings, roads, and other structures. The campus plan shall contain information on each building's size, use, and character. If the campus is to be developed in phases, the plan shall indicate the proposed phasing. The campus development plan shall contain a thorough site analysis, a framework plan showing future intent, and architectural drawings to illustrate campus character. Engineering sufficient to demonstrate that adequate utilities and stormwater capacity are available or shall be installed with the campus plan.

         i.   Approval Of Campus Development Plan: The campus development plan permits the village to review the long range plans for an institutional mixed use and the probable impact of the entire campus development, as opposed to piecemeal reviews, prior to granting approval of the conditional use permit. The plan shall be a guide, which permits buildings or use development, provided they are incorporated in the campus development plan. Building permits may be issued upon determining that the proposed use and building meet all other village codes and are consistent with the approved campus development plan. Any substantial deviation for the campus development plan, once approved, shall require an amendment to the campus development plan and the conditional use permit. The revised plan shall be reviewed and approved in the same manner as the original plan.

      25.   Elderly Housing (As Defined In Section 10-2-2 Of This Title): Elderly housing projects shall be permitted as a conditional use in those zoning districts so indicated in section 10-3B-2, table 1 of this title, subject to the following conditions:

         a.   Lot Area, Yard And Bulk Requirements: Elderly housing projects shall be subject to the lot area, yard and bulk requirements listed in chart 4.4.B of this section.

 

         b.   Size: The maximum size of any elderly housing project shall be no greater than one hundred (100) dwelling units.

         c.   Subordinate Uses: The subordinate uses contained within an elderly housing project shall not exceed more than eighteen percent (18%) of the total floor area.

         d.   Parking: Parking shall be provided at the rate of one space per dwelling unit.

         e.   Open Space: Elderly housing projects shall provide open space, which is not less than forty percent (40%) of the gross area of the project.

         f.   Other Conditions: All elderly housing projects must meet the minimum standards of this zoning ordinance regarding resource protection and landscaping, as well as the provisions of this section.

      26.   Bulk Material Storage: Bulk material storage shall be permitted as a conditional use in those zoning districts so indicated in section 10-3B-2 of this title, table of uses, subject to the following conditions:

         a.   Unenclosed (not under roof) stockpiles shall not exceed twenty feet (20') in height as measured from existing grade.

         b.   Stockpiles and heavy equipment shall be located only in those areas identified and established at time of issuance of a conditional use permit for bulk storage.

         c.   Unenclosed (not under roof) heavy equipment shall not exceed twenty feet (20') in height as measured from existing grade; provided, however, that equipment with variable height shall be stored in its lowered position.

      27.   Floodplain Uses: Any structure or use, including the placement of fill material, permitted by the underlying zoning district, may be established in a floodplain pursuant to the issuance of a conditional use permit. Any such use, structure or filling shall comply with the following standards:

         a.   Filling:

            (1)   Application for such conditional use permit shall be accompanied by detailed fill plans, showing existing and proposed conditions. If a structure is to be placed on the fill, the plans shall show the structure as well.

            (2)   The filling of any lot or parcel shall be permitted only if: a) that lot or parcel would be a conforming lot if the floodplain was not present, b) the location, amount or configuration of the buildable area is such as to preclude the construction of any permitted principal structure or the establishment of any reasonable permitted principal use, and c) the lot or parcel has direct access to a public road which is above the flood base elevation so that the lot or parcel is freely accessible in times of flooding.

            (3)   The filling does not increase the buildable area for the use and zone in which the property is located to twice or more the minimum required by chapter 3, article C of this title.

            (4)   The cross sectional area of a riverine floodplain shall not be reduced by more than two and one-half percent (2.5%) on either side of the centerline of the watercourse; an inland depressional floodplain may have its location and contours altered through cut and fill over thirty percent (30%) of its surface area without a conditional use permit provided all engineering standards of this subsection are met.

            (5)   The fill material is offset by the excavation within or contiguous to the floodplain, sited below the high water elevation and above the groundwater table, developed to balance an equal volume of space usurped by filling. Further, the placement of fill shall not reduce the water retention capacity of the floodplain, nor alter or obstruct any drainageway leading to the floodplain.

            (6)   Fill shall be of a material deemed stable enough to remain firm and in place during periods of flooding. Fill shall consist of soil or rock materials only. Further, all fill areas shall be stabilized with material which will ensure and protect against erosion hazards, undercutting and undermining. Asphalt shall not be used as a stabilizing material. Runoff and drainage protection shall be provided to adjacent property owners.

            (7)   The deepening of channels is permitted, but the spoil material must not be deposited on the floodplain, except in accordance with these requirements.

            (8)   Compensatory storage shall be provided to offset the storage lost through the filling.

            (9)   All changes in velocity, depth of flood elevation or storage shall be limited to the property of the owner doing the filling or those property owners who have been granted flood or flow easements, provided that in no event shall an increase in flood elevation be permitted if it would affect any existing building or bring any building to within two feet (2') of the flood elevation.

            (10)   In no instance shall the depth of fill in a riverine floodplain exceed three feet (3'), nor shall any fill be placed within twenty five feet (25') of the stream channel or in a location which might be endangered by or accelerate a meander. In an inland depressional floodplain, the depth of fill measured from the natural grade to the new surface shall not exceed five feet (5').

            (11)   Fill on the following soils shall require excavation to a base of clay before any such fill is installed: marsh, houghton muck and houghton peat.

         b.   Structures:

            (1)   All structures and their access shall be raised so that no floor, or its horizontal structural supports or any horizontal internal utility line has less than two feet (2') of clearance between its lowest point and the base flood elevation. Vehicular access to such structures shall comply with the same standards in order to ensure emergency or fire access during periods of high water. Any reduction of cross sectional area due to vertical supporting members shall be offset by compensatory storage. Following construction, a registered professional engineer shall prepare and submit to the zoning officer a certification of the "as built" elevation of the lowest floor of any such structure. The zoning officer shall maintain a record of this certification.

            (2)   Any structure placed in the floodplain shall be anchored firmly to prevent floodwaters from carrying it downstream. Such anchoring shall be sufficient to withstand a flood velocity of six feet (6') per second. The zoning officer shall require the applicant to submit the written opinion of a registered professional engineer that the proposed structural design meets this standard.

            (3)   Any construction permitted pursuant to this section located wholly or partially within any floodplain shall, to the maximum extent practical below an elevation of two feet (2') above the base flood elevation, utilize flood resistant materials and utility equipment.

      28.   Medical Cannabis Cultivation Center:

         a.   Medical cannabis cultivation centers located within the village shall be and are required to be established, operated, and maintained in full compliance with the compassionate use of medical cannabis pilot program act (hereinafter, the "compassionate use act") and all other applicable village ordinances and Illinois statutes.

         b.   Medical cannabis cultivation centers shall not be located within a specified distance of preexisting public or private preschools, elementary schools, secondary schools, daycare centers, home daycare, group daycare homes, part day childcare facilities, or any area zoned for residential use, as and to the extent provided by the compassionate use act and all other applicable Illinois statutes.

         c.   Medical cannabis cultivation centers shall not be located in any building containing, in whole or in part, residential uses or any building which is zoned for residential uses.

         d.   Drive-through facilities accessory to such medical cannabis cultivation centers shall not be permitted.

         e.   Outdoor, window, or on site media displays of merchandise and/or products related to a medical cannabis cultivation center shall not be permitted.

         f.   All operations of a medical cannabis cultivation center must be fully enclosed within a locked building.

      29.   Medical Cannabis Dispensing Organization:

         a.   Medical cannabis dispensing organizations located within the village shall be and are required to be established, operated, and maintained in full compliance with the Compassionate Use Act and all other applicable Village ordinances and Illinois Statutes.

         b.   Medical cannabis dispensing organizations shall not be located within a specified distance of preexisting public or private preschools, elementary schools, secondary schools, daycare centers, home daycare, group daycare homes or part day childcare facilities as and to the extent provided by the Compassionate Use Act and all other applicable Illinois Statutes.

         c.   Medical cannabis dispensing organizations shall not be located in any building containing, in whole or in part, residential uses or in any building which is zoned for residential uses.

         d.   Drive-through facilities accessory to such medical cannabis dispensing organization shall not be permitted.

         e.   Outdoor, window, or on site media displays of merchandise and/or products related to a medical cannabis dispensing organization shall not be permitted.

         f.   All exterior signage associated with a medical cannabis dispensing organization shall be in compliance with the sign regulations established in this zoning ordinance. In addition, no exterior signage, shall use the word "marijuana", "cannabis", or any other word, phrase or symbol commonly understood to refer to marijuana or cannabis.

      30.   Crematory:

         a.   The crematory facility shall only be permitted on a site which is all under one (1) ownership and which has an area of not less than three (3) acres. This facility shall be the only privately- owned structure and/or use on the site.

         b.   The crematory facility shall only be permitted as the sole occupant in a building, which does not have any other occupants, and no other occupants shall be permitted in such building.

         c.   The crematory facility shall be located no closer than:

            (1)   Five hundred feet (500') from any licensed facility where medical, food or beverage production or packaging is located; and

            (2)   Five hundred feet (500') from any other crematory or funeral home; and

            (3)   One thousand feet (1,000') from any residential structure.

   31.   Conditional Use(s) Use(s) for Adult Use Cannabis Dispensing Organization, Adult Use Cannabis Craft Grower, and Adult Use Cannabis Infuser Organization or Infuser:

      a.   An Adult Use Craft Grower may be authorized only when granted a Conditional Use by separate ordinance and only when located within the Village sharing the same premises with a Medical Cannabis Dispensing Organization and/or with an Adult-Use Cannabis Dispensing Organization.

      b.   Not more than two (2) Conditional Uses for Adult Use Cannabis Dispensing Organizations shall be authorized within the Village.

      c.   An Adult Use Infuser Organization may be authorized only when granted a Conditional Use by separate ordinance and only when co-located within the Village and sharing the same premises with a Medical Cannabis Dispensing Organization and/or with an Adult Use Dispensing Organization.

      d.   An Adult Use Dispensing Organization and/or a Medical Cannabis Dispensing Organization must have a minimum of twenty (20) on-site parking places, but more onsite parking may be required by an authorizing Conditional Use Ordinance.

      e.   No Conditional Use for an Adult Use Dispensing Organization or for a Medical Cannabis Dispensing Organization shall be authorized on a site which is within one hundred (100) feet of any church and/or school, which distance shall be measured from property line to property line. (Ord. 2015-01-02, 1-28-2015; amd. Ord. 2016-11-02, 11-9-2016; Ord. 2017-06-01, 6-28-2017; Ord. 2022-11-03, 11-27-2022)

   A.   Accessory Uses: The uses of lands, buildings and other structures permitted in each of the zones established in this zoning ordinance are designated by listing the principal uses permitted in section 10-3B-2, table 1 of this title. It is the intent of this section to regulate uses customarily incidental to any principal use permitted in the zone.

   B.   Standards: Each permitted accessory use shall meet the following standards:

      1.   It shall be customarily incidental to the principal use established on the same lot, and shall serve no other principal use or purpose.

      2.   It shall be subordinate in area, floor area, intensity, extent and purpose to the principal use.

      3.   It shall contribute to the comfort, convenience or necessity of users of the principal use.

      4.   An accessory structure, which is not attached to nor part of a principal structure, may be located within the required side or rear yard setback, but not the front yard setback, provided that it is located at least five feet (5') from the lot line and further provided that the structure shall not be located in any area burdened by a recorded easement, such as, but not limited to, a utility easement.

      5.   No accessory structure or use shall be permitted without a principal structure or use. Any question of whether a particular use is permitted as an accessory use by the provisions of this section shall be determined by the Zoning Officer pursuant to that officer's authority to interpret the provisions of this title. All accessory uses shall conform to the requirements of section 10-3B-2, table 1 of this title. (Ord. 2004-01-01, 1-14-2004)

The following regulations govern the operation of certain transitory or seasonal uses:

   A.   Permit Required: Application for a temporary use permit shall be made to the Zoning Officer for any temporary use and a permit fee therefor shall be paid to the Village in an amount as specified from time to time in Section 1-18-1 of this Code.

   B.   Required Information For Permit Application:

      1.   A survey or legal description of the property to be used, rented or leased for the temporary use, including any information necessary to accurately portray the property.

      2.   A detailed description of the proposed use.

      3.   Sufficient information to determine the yard requirements, sanitation facilities and availability of parking spaces to service the proposed use.

      4.   Number of days and dates of the proposed temporary use permit with the hours of operations.

      5.   Letter from the owner of the property, if owned by someone other than the applicant, granting permission to use the property.

   C.   General Requirements For All Temporary Use Permits:

      1.   No permanent or temporary structure shall be erected without acquiring a building permit and inspections made.

      2.   No permanent or temporary lighting or electrical systems are to be installed without acquiring an electrical permit and inspections made.

      3.   When food or beverages are to be consumed on the premises, a document from the Lake County health department, regarding food and beverage preparation and sales, and toilet facilities, shall be provided.

      4.   The appropriate liquor permit is to be obtained from the Lake Villa liquor commissioner as required.

      5.   The temporary use is to be confined to the dates and hours as specified on the temporary use permit.

      6.   Public parking for the exclusive use of the temporary use is to be provided and a stabilized drive to the parking area is to be maintained.

   D.   Uses:

      1.   Christmas Tree Sales: In any permitted zone, a temporary use permit may be issued for the display and open lot sales of Christmas trees.

         a.   Requirements:

            (1)   The temporary use permit shall be valid for a period not to exceed forty five (45) days.

            (2)   No open fires for the disposal of tree trimmings, scrap wood or other material shall be permitted.

            (3)   A permit shall be acquired for any security trailer or shed that is proposed to be used on the property.

            (4)   Documentation from the Lake County health department for approval on any temporary toilet facilities for security personnel is required.

            (5)   Within fifteen (15) days after the completion of the event, the site is to be cleared of all debris and temporary structures.

            (6)   A cash bond in an amount as specified from time to time in Section 1-18-1 of this Village Code, which amount the zoning officer or his designated agent shall determine is reasonably necessary to assure the cleanup of the site at the cessation of the temporary use, or a signed contract with a disposal firm which covers the cleanup of the site after the cessation of the temporary use.

         b.   Exception: When the principal use of the property is a garden center or a greenhouse and/or nursery center, a temporary use permit shall not be required.

      2.   Carnival Or Circus, Religious Tent Meeting, Tent Theater And Events Of Public Interest (Including, But Not Limited To, Outdoor Concerts, Auctions, Snowmobile Events, Boating Events, Etc.): In any permitted zone, a temporary use permit may be issued for a carnival or circus, religious tent meeting, tent theater and events of public interest.

         a.   Use is to be confined to the dates and hours specified on the temporary use permit.

         b.   Public parking for the exclusive use of the facility is to be provided and a stabilized drive to the parking area is to be maintained. It is the responsibility of the operators of the event to guide traffic to these areas and to keep patrons from parking along the shoulder or curb of the road in the vicinity of the event.

         c.   Traffic control arrangements in the vicinity, at major intersections, are to be arranged by the operators of the event with the Lake Villa police department. Any cost of additional police manpower is to be paid by the operators of the event. Payment is to be arranged and paid for prior to the start of the event.

         d.   A cash bond in the amount of seven hundred fifty dollars ($750.00), or such higher amount not to exceed five thousand dollars ($5,000.00), as the zoning officer may determine is reasonably necessary to assure cleaning and repair of the public rights of way, which may be necessitated by this temporary use.

         e.   Public right of way shall be cleaned daily by the operators of the event of any debris, garbage, mud or other materials that are deposited on the public right of way as a result of the event.

         f.   Within fifteen (15) days after the completion of the event the site is to be cleared of all debris and temporary structures.

         g.   A cash bond in the amount of two hundred dollars ($200.00) or such higher amount, not to exceed five thousand dollars ($5,000.00), which amount the zoning officer shall determine is reasonably necessary to assure the cleanup of the site at the cessation of the temporary use, or a signed contract with a disposal firm which covers the cleanup of the site after the cessation of the temporary use.

         h.   Adequate sanitary facilities shall be provided.

      3.   Contractor's Office And Equipment Sheds: In any zone, a temporary use permit may be issued for each contractor's temporary office(s) and equipment shed(s) incidental to a construction project.

         a.   The office or shed shall not contain sleeping or cooking accommodations.

         b.   The permit shall be valid for not more than one year, but is renewable on a yearly basis upon approval of the zoning officer.

         c.   The office or shed shall be removed upon completion of the construction project.

         d.   Enclosed trailers of any kind used for an office or equipment storage shall require a permit for each trailer.

         e.   The office(s), shed(s) and trailer(s) shall be removed upon completion of the construction project.

         f.   Adequate sanitary facilities shall be provided.

         g.   The number of trailers shall be the lesser of: 1) one trailer per lot, or 2) six (6) trailers per subdivision.

      4.   Real Estate Sales Office(s): In any zone, a temporary use permit may be issued for a temporary real estate sales office(s) in any new subdivision, which has been approved in accordance with the Lake Villa subdivision regulations.

         a.   The office(s) shall contain no sleeping or cooking accommodations.

         b.   The permit shall be valid for not more than one year, but is renewable on a yearly basis upon approval of the zoning officer.

         c.   The office(s) shall be removed upon completion of the development of the subdivision.

         d.   A model home(s) may be used as a temporary sales office(s) with the issuance of a temporary use permit in addition to any building permits.

         e.   Adequate sanitary facilities shall be provided.

      5.   Stands, Temporary Sale And Temporary Uses: In any commercial or industrial zone, a temporary use permit may be issued for temporary sales stands for hot dogs and other foods, novelty items and other products.

         a.   Approval from the Lake County health department must be obtained if food is being sold.

         b.   A permit shall be valid for no longer than ten (10) days. Exception to this is if the primary use is the sale of hot dogs or other food items. Then a permit shall be valid for no longer than six (6) months in any calendar year.

         c.   The temporary sale stand shall be located at least four feet (4') from any buildings on the property.

         d.   Adequate off street parking shall be provided for the temporary use in addition to required parking for any other uses existing on the property.

         e.   Written permission from the owner of the property on which the sales are to be conducted must accompany the application.

         f.   Hours of operation shall be specified in the temporary use permit.

      6.   Temporary Shelter: In the event of a fire or natural disaster which results in the partial or total demolition of a single- family residence, making it unfit for human habitation, the zoning officer may, upon application from the owner of such residence, issue a temporary use permit for the use of a mobile home during rehabilitation of the original residence or construction of a new residence.

         a.   Mobile home must be placed on the lot of the home that was damaged or destroyed.

         b.   Required water and sanitary facilities must be provided and approved by the Lake County health department.

         c.   The permit is to be limited to six (6) months, but in the event of circumstances beyond the control of the owner, the zoning officer may extend the permit for a period or periods not to exceed sixty (60) days, and the foregoing only provided application is made fifteen (15) days prior to the expiration of the original permit.

         d.   The trailer or mobile home is to be removed from the property upon issuance of an occupancy permit for the new or rehabilitated residence.

         e.   No temporary use permit shall be renewed for a suspension period of two (2) years subsequent to the expiration of temporary use permit for any person who fails to abide by all applicable temporary use conditions, or fails to comply with any other applicable ordinances. "Person", for the purposes of this section, shall mean and include any individual, association, corporation, partnership or any other legal entity. (Ord. 2004-01-01, 1-14-2004; amd. Ord. 2024-12-03, 12-2-2024)

   A.   Purpose: The purpose of this section is to permit the establishment of home occupations that are compatible with the residential districts in which they are located.

   B.   Definition: A home occupation is an accessory use of a dwelling unit that is:

      1.   Used for gainful employment that involves the provision, assembly, processing or sale of goods and/or services.

      2.   Incidental and secondary to the residential use of the structure and does not change the essential residential character of the dwelling unit.

The fact that a particular occupation or profession does not directly or indirectly impose a charge or receive a fee or other remuneration is not determinative of whether that activity falls within the definition of "home occupation".

   C.   General Requirements And Performance Criteria: All home occupations shall comply with the following standards:

      1.   The operator of every home occupation shall reside in the dwelling unit in which the home occupation operates.

      2.   The home occupation use shall be conducted entirely within a completely enclosed structure.

      3.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

      4.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit in a zoning district used solely for residential purposes. No mechanical equipment shall be used on the premises, except such that is normally used for on site domestic or household purposes.

      5.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

      6.   The home occupation shall not change the essential residential character of the dwelling unit.

      7.   There shall be no alteration of the residential appearance of the premises, including the creation of a separate, or exclusive, business entrance(s).

      8.   No home occupation shall be conducted in any accessory building or structure.

      9.   Signs for home occupations shall be prohibited.

      10.   No home occupation shall be conducted between the hours of seven o'clock (7:00) P.M. and six o'clock (6:00) A.M.

      11.   No commodity or good not produced on the premises shall be sold on the premises nor displayed on the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. This does not preclude taking orders for sales or provision of services off site.

      12.   No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

      13.   The home occupation shall, at all times, comply with all other applicable laws and ordinances.

      14.   Notwithstanding the other provisions of this section, events, gatherings, or parties intended to promote the sale of products from catalogs or from similar sources shall be permitted on the condition that such activities comply with the other requirements of this section.

   D.   Specific Requirements: In addition to the general conditions set forth in this section, the following specific conditions shall also be met:

      1.   The total area used for the home occupation shall not exceed fifteen percent (15%) or four hundred (400) square feet (whichever is less) of the habitable floor area of the dwelling.

      2.   The direct sale of products off display shelves or racks shall be prohibited.

      3.   No more than one person, other than a resident of the dwelling unit, shall be employed on premises in connection with the operation of the home occupation.

      4.   No more than three (3) clients shall, at one time, avail themselves to a product and/or service provided by a home occupation nor shall more than six (6) clients avail themselves to a product and/or service during a twenty four (24) hour period.

      5.   Off street parking shall be required for all employees of a home occupation. Off street parking for home occupations shall comply with chapter 6, article A, "Parking And Design", of this title.

      6.   Deliveries pertaining to the home occupation shall be limited to such deliveries as would be normal and incidental to a residential use. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.

   E.   Permitted Home Occupations: Permitted home occupations shall include, but shall not be limited to, the following:

      1.   Attorney, CPA, salesman, architect/landscape architect, engineer, interior designer, graphic artist, word processor, and computer consultant.

      2.   Art studios provided no retail business is conducted on the premises.

      3.   Domestic crafts such as seamstress, sewing, tailoring, weaving and washing and ironing.

      4.   Home daycare operations as defined in section 2.18 of the child care act of 1969.

      5.   Word processing and typing services.

      6.   Therapists.

      7.   Social workers.

      8.   Telephone sales.

      9.   Teaching, instructing, tutoring, or counseling (limited to 3 pupils at any one time).

      10.   Hairdressers and barbers.

      11.   Production of baked goods, consistent with the Home Kitchen Operation Act (410 ILCS 625/3.6), provided, however, baked goods shall not be directly distributed to the customers from the residential property on which the baked goods are produced, i.e., customers purchasing such goods are prohibited from coming to the residential property to pick up such baked goods.

      12.   Other uses similar to those listed in this subsection E, as determined by the zoning officer.

   F.   Prohibited Home Occupations: Certain uses by their nature of investment or operation have a pronounced tendency, once commenced, to expand beyond the scope of activity permitted for home occupations, and thereby impair the integrity of the residential district in which they are located. For this reason, the following uses, regardless of their compliance with the standards in this section, are prohibited as home occupations:

      1.   Any repair of motorized vehicles such as repair or painting of autos, trucks, trailer, boats and lawn equipment.

      2.   Animal hospitals, animal rescue uses, kennels, stables, animal breeding, raising of animals for sale, bird keeping facilities or beekeeping facilities.

      3.   Antique shops.

      4.   Clubs, including fraternities and sororities.

      5.   Funeral homes.

      6.   Medical cannabis cultivation center.

      7.   Medical cannabis dispensing organization.

      8.   Nursing homes.

      9.   Offices, medical/dental.

      10.   Restaurants, tearooms, and catering, or other food preparation businesses, except as specified in subsection E.11. above..

      11.   Retail or wholesale shops, stores or outlets.

      12.   Rooming houses.

      13.   Sale of firearms and/or ammunition.

      14.   Short-term rentals as defined in and as further proscribed in subsection G. below.

      15.   Tourist homes, bed and breakfast establishments.

      16.   Veterinary clinics.

      17.   Warehousing.

      18.   Welding or machine shops.

      19.   Other uses similar to those listed in this subsection F, as determined by the zoning officer.

   G.   Short-Term Rentals:

      1.   Purpose: The purpose of this section 10-4-5-3(G) is to protect and preserve the quiet enjoyment of residential properties and neighborhoods within the village and to mitigate and/or eliminate adverse secondary effects some villages and their respective residents have experienced by reason of short term rental(s), including but not limited to large gatherings that have little connection to or consideration for the neighborhoods or neighbors. The secondary effects of short-term rentals may potentially include excessive noise, overcrowded parking, and even criminal activity.

      2.   Definitions: For purposes of this section 10-4-5-3(G), the following phrases shall have the definitions as set forth below:

 

 

      3.   Short-Term Rentals Restricted:

         a.   Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or otherwise permitting the short-term rental and/or occupancy of any dwelling and/or accessory structure located within the village for less than three (3) consecutive months at a time shall be prohibited, with the exception of a hotel or similar establishment duly licensed by the village, and such conduct shall be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s), or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or temporary occupant(s) thereof.

         b.   The term of any lease or occupancy agreement which has satisfied the minimum term required by this section 10-4-5-3(G) may be extended on a month-to-month basis on the condition that the tenant(s) remain(s) the same.

         c.   Dwellings shall not be leased, or otherwise permitted to be occupied by other than the same tenant, more than two (2) times during any consecutive twelve (12) month period unless the rental agreement therefor has been terminated by reason of a tenant default.

         d.   The restrictions of this section 10-5-4-3(G) shall be applicable whether the rental premises comprise(s) all or a part of the principal structure, or all or part of any accessory structure.

         e.   Whether or not consideration is exchanged for the lease and/or rental of a premises shall not affect the fact that the occupancy thereof is treated as a short term rental for the purposes of this section 10-5-4-3(G) if the definition thereof is otherwise applicable to such activity.

         f.   The property owner shall remain responsible for compliance with all applicable provisions of the Village Code and/or the Village Zoning Regulations during the term of any rental and/or occupancy agreement and/or during the term of any occupancy of the rental premises by persons other than the property owner.

         g.   No temporary structure shall be permitted to be used for a short-term rental.

         h.   The prohibition on short-term rentals as herein provided shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

         i.   Each day a principal structure or any accessory structure in the village is offered for rent as a short term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any accessory structure is occupied as a short-term rental, as that term is defined herein, shall constitute a separate violation of this section 10-5-4-3(G). (Ord. 2015-01-02, 1-28-2015; amd. Ord. 2021-09-01, 9-20-2021)

   A.   Fallout Shelters: Fallout shelters are permitted as principal or accessory uses and structures in any zone, subject to the yard and lot coverage regulations of the zone. These shelters may contain or be contained in other structures or may be constructed separately. In addition to shelter use, they may be used for any principal or accessory use permitted in the zone, subject to the applicable zone regulations, but shall not be used for principal or accessory uses prohibited expressly or by implication in the zone.

   B.   Swimming Pools: Private swimming pools are permitted in any residential zone provided that no swimming pool or part thereof shall protrude into any required yard. Swimming pools must be fenced or otherwise protected against intrusion. No private swimming pool shall be operated as a business or as a private club.

   C.   Fences, Walls And Hedges: This subsection is intended to provide for the maximum safety of persons using the sidewalks and streets, and to provide for the maximum enjoyment of the use of property.

      1.   Clear View Of Intersecting Streets: On any corner lot, within the triangular area formed by the two (2) street centerlines and a third line connecting two (2) points (1 of which is located on each of the 2 street centerlines, 100 feet from their junction); nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2.5') and ten feet (10') above the plane surface formed by the centerline grades of the aforementioned streets.

      2.   Height Of Fences, Walls And Hedges: Fences, walls and hedges are permitted in any required yard except as provided in subsection C1 of this section, provided they do not exceed eight feet (8') in height at any point on the property.

   D.   Tents: No tent shall be used, erected or maintained as living quarters. Tents used in commercial or industrial zones or tents used for camping purposes wherever permitted shall be of a temporary nature.

   E.   Number Of Buildings Per Lot: In the AG, NC, SR1, SR2, SR3, R1, R2, SR, UR1, UR2, UR3 and UR3A districts, only one principal building shall be permitted on any one lot. In the SR4, UR4, CR, SB and LI districts, more than one principal building shall be permitted on any one lot as an apartment or townhouse (for a residential development) or as a commercial center (for a nonresidential development). A commercial center requires a conditional use permit under the provisions of this title. In any zone where the operations are governed by performance standards, there shall be no limit on the number of principal or accessory buildings.

   F.   Division Of A Lot: No recorded lot shall be divided into two (2) or more lots unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the zone in which the property is located. No further reduction in the size of a recorded lot, which would render the lot unable to meet the requirements of this zoning ordinance, shall be permitted.

   G.   Principal Uses Without Buildings: Where a permitted use of land involves no structures, the use shall comply with all yard and minimum lot requirements applicable to the zone in which located.

   H.   Number Of Uses Per Building: Three (3) or fewer permitted nonresidential uses may be conducted within the same building. Four (4) or more permitted nonresidential uses may be permitted within the same building only upon the granting of a conditional use permit for a commercial center under the provisions of this title.

   I.   Adequate Access: Each lot shall have direct access to an improved, approved street.

   J.   Accessory Structures: In the SR2 cluster and the UR1, UR2, UR3, UR3A, and NC zoning districts in which the rear setback is twenty five feet (25') or greater, the following uses shall be considered accessory structures and are permitted up to fifteen feet (15') of the rear yard lot line. They are open deck, above and in ground swimming pool, gazebo, pergola, trellis, and pavilion.

Detached garages and sheds shall be constructed in substantial compliance with subsection 10-4-5-1B4 of this chapter.

Attached garages, porch enclosures, three (3) season rooms, screen rooms, additions, and anything that is attached to the principal structure that is not listed in the above permitted accessory structures, shall be constructed in substantial compliance with the required rear yard setback for a principal structure. (Ord. 2015-01-02, 1-28-2015)

The following exceptions are established to provide relief from the zone regulations where applicable:

   A.   Height Exceptions: The following structures, or parts thereof, are exempt from the height limitations set forth in the several zones (except as limited by any height restriction imposed by any airport authority, port airport and as limited by regulations for airports and heliports in subsection 10-4-4B21 of this chapter):

      1.   Public utility poles, towers and wires;

      2.   Radio and television antennas and towers;

      3.   Water tanks and standpipes.

   B.   Yard And Building Setback Exceptions: The following structures shall be allowed to project into or to be constructed in any required yard within the area otherwise prohibited by a building setback line:

      1.   Bay windows, not to exceed two feet (2');

      2.   Boathouses, private;

      3.   Chimneys, not to exceed two feet (2');

      4.   Clothesline posts;

      5.   Driveways;

      6.   Fences, walls and hedges in accordance with this title;

      7.   Flagpoles;

      8.   Guardhouse or gatehouse;

      9.   Garbage disposal equipment, nonpermanent;

      10.   Island and pumps for gasoline service station, minimum setback of twenty feet (20');

      11.   Landscape features;

      12.   Overhanging roof, eave, gutter, cornice or other architectural feature, not to exceed four feet (4');

      13.   Planting boxes;

      14.   Recreational equipment;

      15.   Sidewalks and steps;

      16.   Steps or stairs to a dwelling nonenclosed, not to exceed four feet (4');

      17.   Terraces (open) and porches (nonenclosed), not to exceed four feet (4');

      18.   Trees, shrubs, flowers and other plants, in accordance with the vision requirements of this title;

      19.   Yard and service lighting fixtures, poles;

      20.   Awnings and canopies, not to exceed three feet (3');

      21.   Mailboxes;

      22.   Marquees, not to exceed five feet (5');

      23.   Signs in accordance with the Lake Villa sign ordinance.

   C.   Utility Exemption: Nothing in this zoning ordinance shall impose restrictions on the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility, which is designed and does in fact serve the village of Lake Villa and its citizens exclusively or is primarily designed and so utilized. This exemption shall not apply to facilities such as, but not limited to, high voltage transmission lines designed or utilized to provide service primarily outside of the village of Lake Villa, and further provided that this exemption shall not apply to any activities or uses of a public utility, which fail to satisfy the performance standards set forth in section 10-4-1 of this chapter.

   D.   Park, Recreational And Playground Exemption: The lot area for parks and playgrounds that are dedicated to the public shall be at least one acre; however, there is no minimum area requirement for private subdivision parks and tot lots where suitable provisions ensure that such areas will not be used for building sites. (Ord. 2015-01-02, 1-28-2015)

   A.   Prior to final approval for any special use, conditional use or any other use which is not a permitted use within the zoning district in which the property is situated, the owner and/or developer shall deposit with the village of Lake Villa cash or other security acceptable to the Village Treasurer of trustees in an amount as specified from time to time in Section 1-18-1 of this Village Code for the estimated cost of the construction of all public or common improvements as estimated by the village engineer including all roads, ditches, culverts, sewage treatment plants, sewer, landscaping and all other common or public improvements in accordance with the standards set forth in section 11-1-5 of this Village Code.

   B.   All such improvements shall be fully installed and receive the approval of the village within two (2) years of final approval of any such special use, conditional use or any of the above described uses, and the provisions of subsection 11-1-5A1 of this Village Code shall apply thereto. (Ord. 2015-01-02, 1-28-2015; amd. Ord. 2024-12-03, 12-2-2024)

   A.   Purpose: The regulations of this section are intended to:

      1.   Maintain the village's quality, heritage and character by enhancing its visual appearance through the use of landscaping;

      2.   Enhance environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, filtering of stormwater runoff, abatement of noise, glare and heat;

      3.   Screen parking lots and vehicular use areas from view of persons on streets or adjoining properties;

      4.   Provide transition buffers between different intensity land uses and zoning districts;

      5.   Help prevent light spillover;

      6.   Preserve and protect existing trees and natural landscape features from destruction and removal; and

      7.   Promote the preservation and use of native plants.

   B.   Applicability: Unless otherwise expressly stated, the landscaping standards of this section apply to all of the following:

      1.   The construction of any principal building;

      2.   The addition to or enlargement of any principal building by more than ten percent (10%) of its existing gross floor area (or smaller additions if the aggregate effect of such additions over a period of 18 months triggers the 10 percent threshold);

      3.   The addition to or enlargement of any principal building by more than two thousand five hundred (2,500) square feet (or smaller additions if the aggregate effect of such additions over a period of 18 months triggers the 2,500 square foot threshold);

      4.   The construction or installation of any off street parking lot or vehicular use area containing five (5) or more parking spaces (or smaller additions if the aggregate effect of such additions over a period of 18 months triggers the 5 space threshold); and

      5.   A change in use of the property that requires rezoning to a more intensive zoning classification or conditional use approval.

   C.   General Exemptions: The following are expressly exempt from compliance with the landscaping standards of this section:

      1.   The construction or expansion of a single-family dwelling unit, and

      2.   Agricultural uses.

   D.   Street Trees:

      1.   Street trees must be provided as follows:

         a.   At least one canopy tree per thirty three feet (33') of local street frontage, or portion thereof (trees must be located within 10 feet of the street right of way);

         b.   At least one canopy tree and one understory tree per fifty feet (50') of collector street frontage, or portion thereof (trees must be located within 10 feet of the street right of way);

         c.   At least one canopy tree and two (2) understory trees per fifty feet (50') of arterial street frontage, or portion thereof (trees must be located within 15 feet of the street right of way).

      2.   Required street trees may not be located within the right of way; they must be located within the required setback adjacent to the street.

      3.   Street trees may be clustered when circumstances prevent even spacing.

   E.   Interior Landscaping For Parking Lots: These interior landscaping standards apply to all off street parking lots and vehicular use areas containing five (5) or more off street parking spaces.

      1.   Parking lots must contain at least one hundred sixty (160) square feet of landscape area per ten (10) parking spaces. Vehicle queuing and stacking areas, as well as gasoline fueling spaces, will be counted as parking spaces for purposes of calculating landscaping requirements.

      2.   At least one canopy tree and three (3) shrubs must be provided per one hundred sixty (160) square feet of required interior landscape area. One canopy tree may be substituted for four (4) shrubs, but shrubs may not be substituted for canopy trees.

      3.   Each interior landscape area must have a minimum dimension of eight feet (8') in any direction and an area of at least one hundred fifty (150) square feet.

      4.   Interior landscape areas must be constructed with concrete curbing to minimize damage to plant material.

      5.   Required interior parking lot landscaping may not be used to satisfy other landscaping requirements of this section.

   F.   Perimeter Landscaping For Parking Lots And Vehicular Use Areas: The standards of this subsection are intended to screen views of parking lots and vehicular use areas from streets and roads. They do not apply when such areas will not be visible from streets or roads.

      1.   Perimeter landscaping standards apply to all parking lots and vehicular use areas containing five (5) or more parking spaces. Vehicle queuing and stacking areas, as well as gasoline fueling spaces, will be counted as parking spaces for purposes of calculating landscaping requirements.

      2.   Parking lots and vehicular use areas must be landscaped and screened from view of street rights of way with a minimum of one canopy or understory tree per twenty five (25) linear feet of street frontage (required street trees may be counted toward satisfying this requirement) and at least one of the following:

         a.   A solid masonry wall with a minimum height of three feet (3');

         b.   A solid evergreen hedge with a height of at least thirty six inches (36") at the time of planting, located within a perimeter landscape buffer with a minimum width of ten feet (10');

         c.   A landscaped berm with a minimum height of three feet (3') and a maximum three to one (3:1) slope; or

         d.   A solid evergreen or deciduous hedge with a minimum height of twenty four inches (24") at the time of planting and a wrought iron fence with a minimum height of three feet (3'), each located within a perimeter landscape buffer with a minimum width of four feet (4').

   G.   Buffer Yards: Buffer yards are intended to mitigate the impacts associated with land uses of differing intensity on abutting properties. The standards require landscape buffer yards between such uses to minimize the harmful impacts of dust, debris, litter, glare, noise, signs, unsightly buildings and other objectionable features.

      1.   Standards: The buffer yard standards apply to all development or redevelopment.

      2.   Requirements: Buffer yards are required in accordance with the following table. To determine the type of buffer yard required, first identify the zoning of the site that is being developed (the first column of the table) and the abutting site's zoning (along the top of the table). Find where the zoning of the developing site and the abutting site intersect on the table. If a buffer yard is required, a letter designation will indicate the type of buffer yard required. See below for descriptions of buffer yards.

 

      3.   Buffer Yards For Abutting Property Outside Village: For purposes of determining buffer yards for property lines abutting properties which lie outside of the village of Lake Villa, the zoning of such properties shall be assigned the most equivalent district from the village of Lake Villa ordinance. In cases where the equivalent zone is unclear, the zoning officer shall determine this assignment.

      4.   Landscape Screening: Except as provided in Section 10-3E-4K4f, all buffer yards shall include screen and barrier sufficient to protect residential and all other environments from adverse effects, such as noise, lighting, odors and dust, of more intensive adjacent uses and contribute to improved community appearance and property values while preserving and enhancing the mature "established" character of Village neighborhoods. To determine the type of screening intensity required, first identify the zoning of the site that is being developed (the first column of the table) and the abutting site's zoning (along the top of the table). Find where the zoning, of the developing site and the abutting site intersect on the table.

 

 

 

      5.   Buffer Yard Types: The following tables list the requirements for the various types of buffer yards and their development options. A graphic depiction of each option is provided to illustrate the approximate projected density of required plantings five (5) years after installation. Landscape standards are based on the minimum requirements per one hundred (100) linear feet. Any fractional plant units must be rounded up to the nearest whole plant unit. Where the minimum required setback width is less than the minimum required buffer yard width, the buffer yard may be reduced to that setback width provided there is no change in the total number of plants provided.

         b.   Evergreen understory trees and shrubs may be substituted for required deciduous understory trees and shrubs without limitation.

         c.   A four foot (4') high berm may be substituted for a six foot (6') opaque fence.

   H.   Plant Material Standards: Plant material used to satisfy the standards of this section shall comply with the following standards:

      1.   Size: Unless otherwise expressly provided, all plant materials used to satisfy the requirements of this section shall meet the following minimum size standards at the time of installation:

 

 

      2.   Quality: Plants installed to satisfy the requirements of this section shall meet or exceed the plant quality standards of the most recent edition of "American Standard For Nursery Stock", published by the American Association Of Nurserymen. Plants shall be nursery grown and balled and burlapped.

      3.   Additional Landscape Treatment: All required landscape areas not dedicated to trees, shrubs or preservation of existing vegetation shall be landscaped with grass, ground cover, or other landscape treatment, not including sand, rock or pavement.

      4.   Species Mix: For each plant type (i.e., canopy tree) associated with the landscape requirements of this section, no single plant species shall represent more than forty percent (40%) of the total plantings.

      5.   Native Species: Trees and shrubs that are native to Illinois are preferred to other species.

   I.   Installation, Maintenance And Replacement:

      1.   Installation: All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. Sites for plant material shall be prepared or improved in accordance with American Association Of Nurserymen standards for soil preparation and drainage. Friable soil shall be provided in all planting areas, and subsurface drainage shall be provided where berms, elevated areas or other suitable means for providing proper drainage do not exist.

      2.   Maintenance And Replacement:

         a.   Required trees, shrubs, structures and other landscape features shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan. The landowner, or successors in interest, shall be jointly and severally responsible for the following:

            (1)   All landscaping shall be maintained in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. Maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed. All maintenance shall be performed in accordance with acceptable horticultural practices;

            (2)   The repair or replacement of required landscape structures (e.g., fences) to a structurally sound condition;

            (3)   The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section; and

            (4)   Continuous maintenance of the site as a whole.

         b.   The village board is authorized to require documented assurance of landscape performance and/or continued maintenance in the form of a condition, covenant, contract, development agreement or performance/maintenance guarantee to assure installation and, for a minimum one year period, the continued maintenance of landscape improvements associated with a development. The amount of the performance guarantee for the required landscape improvement shall be as specified from time to time in Section 1-18-1 of this Village Code. The maintenance guarantee required to be deposited with the Village for maintenance of the required landscape improvements shall be in an amount as specified from time to time in Section 1-18-1 of this Village Code.

   J.   Alternative Compliance:

      1.   Applicability: Alternative methods of compliance with the standards of this section may be authorized by the village when one or more of the following conditions exist:

         a.   Topography, soil, vegetation, space constraints or other site conditions are such that full compliance is impossible or impractical, or improved environmental or aesthetic quality would result from the alternative.

         b.   Safety considerations make alternative compliance necessary.

      2.   Approval Criteria: In order to be approved, an alternative compliance landscape plan must be equal to or exceed traditional compliance in terms of quality of materials and visual effect, effectiveness in meeting the purposes described in subsection A of this section, and material durability and hardiness. Alternative compliance is limited to the specific site under consideration and does not establish precedent for acceptance of alternative compliance plans on other sites.

      3.   Procedure: A request for alternative compliance must be submitted to the zoning officer. The request must be processed in accordance with this title.

      4.   Justification: A request for alternative compliance must be accompanied by sufficient explanation and justification, written or graphic, or both, to allow appropriate evaluation and decision. (Ord. 2004-01-01, 1-14-2004; Ord. 2014-07-01, 7-9-2014; Ord. 2016-11-02, 11-9-2016; Ord. 2024-02-02, 2-5-2024; Ord. 2024-12-03, 12-2-2024)

Connection to village sewerage and water supply systems is required for new residential uses in the R2, SR1, SR2, SR3, SR4, and all UR (urban residential) zones and the NC (neighborhood conservation) zone, provided, however, subject to the further regulations of this section as set forth below: a) existing lots in the R2, SR1, SR2, SR3, SR4 and all UR and NC zones may be developed for single-family dwellings using septic tanks and wells; and b) lands may be developed for single-family dwellings prior to the availability of the required connection to village sewer systems, until the required connection to the village's sewage system is available, at which time the owner(s) of such property shall be required to make the required connection(s) to the village's sewer, and notwithstanding anything contained in this title to the contrary, all new residential development shall be connected to and served by the village's water system at the owner's expense. The purpose of these alternatives is to permit the development of lands where village sewers are not available, and at the same time, to preserve the R2, SR1, SR2, SR3, SR4, UR and NC zones as full urban utility service areas to make provision for future connection to the village sewer system.

   A.   General Requirements: Any such lots or parcels shall meet the on site sewage disposal requirements of the Lake County health department, and suitable connections shall be provided outside each structure so that eventual conversion and connection to both village systems can be readily accomplished. (Ord. 2010-11-02, 11-24-2010)

   B.   Development Standards:

      1.   Lot Size: The following minimum requirements for lot area and width shall supersede the zone requirements for any lot developed under subsection A of this section which is located in any R2, SR1, SR2, SR3, SR4, UR1, UR2, UR3, UR3A, UR4, and NC zoning district: (Ord. 2010-11-02, 11-24-2010; amd. Ord. 2014-07-01, 7-9-2014)

 

 

   C.   Improvements: In the development of vacant lands, where the extension of sewer laterals is clearly imminent within nine (9) months, all improvements required by this title for the R2, SR1, SR2, SR3, SR4 and the UR zones and the NC zone and by the Lake Villa subdivision ordinance, for lots of the minimum size permitted in the zone where such lands are located, shall be installed at the time that other required subdivision improvements are constructed as provided by law.

   D.   Connection To Village Sewer And Water Facilities: In all zones, connection must be made to village sewer and/or water facilities which are available within one hundred feet (100') of the property line. If village sewer and/or water facilities are not available within one hundred feet (100') of the property line at the time of construction on said lot or parcel, connection to the village sewer and/or water facilities shall be made within one year from the time such village facilities become so available. (Ord. 2010-11-02, 11-24-2010)

See section 4-6-1 of this code. (Ord. 2004-01-01, 1-14-2004)

See section 4-6-1 of this code. (Ord. 2004-01-01, 1-14-2004)