A.   Authorization: Subject to the limitations of this section, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district.

   B.   Definition: An "accessory structure or use" is a structure or use that:

      1.   Is subordinate in extent and purpose to, and serves, a principal structure or use; and

      2.   Is customarily found as an incident to such principal structure or use; and

      3.   Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal structure or use; and

      4.   Except as otherwise expressly authorized by the provisions of this Zoning Code, is located on the same zoning lot as such principal structure or use; and

      5.   Is under the same ownership and control as such principal structure or use.

   C.   Special Regulations Applicable To Particular Accessory Structures And Uses:

      1.   Storage:

         a.   General Regulations: Except as otherwise expressly permitted by this Zoning Code, outdoor storage shall not be allowed as an accessory use. When so permitted, such storage shall be screened as required in chapter 8, article A of this title.

         b.   Garages: No garage shall exceed seven hundred twenty (720) square feet in gross floor area. No garage shall extend to a height taller than the principal structure to which it is accessory or the otherwise permitted height, whichever is less. Not more than one detached garage shall be permitted on any zoning lot.

         c.   Other Accessory Structures: No accessory storage structure other than a garage shall exceed one hundred sixty (160) square feet in gross floor area if it is accessory to a residential use. Nor shall any such structure exceed ten percent (10%) either of the floor area or of the volume of the principal structure if such structure is accessory to any other type of principal structure.

         d.   Seasonal Materials, Supplies, And Equipment: All seasonal maintenance materials, supplies, and equipment, including, without limitation, salt or other snow melting material; snow removal equipment; landscaping materials, supplies, and equipment; and plows, blades, heavy trucks, and similar equipment, shall be stored only in areas entirely outside the view of all public rights-of-way or in a location approved in writing in advance by the Director of Building and Zoning.

      2.   Residential Recreational Facilities: Residential recreational facilities shall be limited to use by the occupants of the principal residential use and their guests and shall not be illuminated by lighting fixtures exceeding fifteen feet (15') in height.

      3.   No Accessory Parking In Single-Family Residential Districts: Parking lots shall not be permitted as an accessory use in any single-family residential district.

      4.   Parking Of Vehicles:

         a.   Recreational Vehicle Proof Of Ownership: A legal or beneficial owner of, or lessee of the property shall have, and display, or provide to the Village, upon request to authorized Village officials, proof of ownership of a parked, standing or stored boat, trailer or recreation vehicle.

         b.   Definitions:

         MOTOR VEHICLE: Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along streets, with valid license plates indicating proof of current registration.

         OWNER: A person other than a lien holder having a property interest in or title to the specified property. The term includes a person entitled to the use or possession of the specified property, subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation.

         PARKED; MOTOR VEHICLE: The standing of a licensed motor vehicle, regardless of whether the vehicle is occupied, other than when the vehicle is temporarily and actually engaged in loading or unloading merchandise or passengers.

         PARKED, RECREATIONAL VEHICLE: The stationary placement of any recreational vehicle as defined in this section for a continuous period in excess of 48 hours.

         PARKED, TEMPORARY RECREATIONAL VEHICLE: The stationary placement of any recreational vehicle as defined in this section for a continuous period of less than 48 hours.

         PARKING AREA: Any land area, not located in a garage, designed and used for the parking of not more than four (4) vehicles.

         PARKING AREA, RESIDENTIAL OFF STREET: A parking area serving no more than four (4)residential units with a maximum of four (4) individual parking spaces including garage spaces per residential unit.

         PARKING GARAGE OR STRUCTURE: See definition of garage, parking under Section 9-24-2 “Definitions.”

         PARKING LOT: Any land area designed or used for the parking, and associated circulation, of more than four (4) vehicles.

         PARKING SPACE: A space located within a parking structure, a parking lot, a parking garage, or a residential parking area for leaving one motor vehicle. Parking spaces shall adjoin and have direct vehicular access only from a residential parking area, a circulation aisle, or a driveway.

         RECREATIONAL VEHICLE: Every vehicle or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:

            E.   Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.

            I.   Vehicle Trailer: A vehicle without its own motive power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.

         VEHICLE: Any device for carrying passengers, goods, or equipment including, but not limited to, passenger automobiles, vans, trucks, buses, recreational vehicles, and vehicles used for commercial, business, or governmental purposes.

      5.   Parking Of Vehicles In All Residential Districts: In any residential district, no vehicle may be parked except in a fully enclosed structure unless that vehicle complies with the standards set forth in this subsection C4. For purposes of this subsection C4, "parked" shall mean the standing of a vehicle, regardless of whether the vehicle is occupied, other than when the vehicle is temporarily and actually engaged in loading or unloading merchandise or passengers.

         a.   Vehicle Restrictions: Except as provided in subsection C4b of this section, no vehicle may be parked in a residential district unless that vehicle meets all of the following standards:

            (1)   Vehicle Classification: The vehicle shall be classified in, and shall have on proper display a sticker reflecting, one of the following current Illinois vehicle registrations or equivalent or an equivalent registration issued by another state:

               (A)   Motorized pedal cycle,

               (B)   Motor driven cycle,

               (C)   Motorcycle,

               (D)   Passenger car,

               (E)   Taxi,

               (F)   Livery,

               (G)   B registration plate,

               (H)   D registration plate,

               (I)   Trailer, or

               (J)   Recreational vehicle.

            (2)   Vehicle Weight: The vehicle shall not exceed a gross vehicle weight of ten thousand (10,000) pounds. See subsection C5b of this section for exceptions related to certain vehicles.

            (3)   Vehicle Height: No portion or element of the vehicle shall exceed a height of eight feet (8') from the ground to its highest point including, without limitation, any cargo box or other permanently mounted equipment; provided, however, that ladder racks, warning lights, and antennas shall not be included in the measurement of height. Height shall be measured with the vehicle’s tires properly inflated. See subsection C5b of this section for exceptions related to certain vehicles.

            (4)   Vehicle Length: The vehicle shall not exceed a length of twenty feet (20'). See subsection C5b of this section for exceptions related to certain vehicles.

            (5)   Cargo Bed Standards: For every vehicle designed to carry cargo of any kind, the cargo bed shall be fixed, with permanently mounted bed walls. All flatbed trucks, dump trucks, and stake bed trucks shall not be permitted at any time.

            (6)   Restriction On Commercial Identification: Not more than one vehicle with any exterior marking in excess of one square foot in area identifying or advertising a commercial enterprise shall be stored in any parking area on any lot in a residential district, nor shall any such vehicle be stored in any required front or corner side yard. For purposes of this paragraph, the term “storage” shall mean the parking of a vehicle for any continuous twenty four (24) hour period.

         b.   Exceptions: The following vehicles shall not be subject to the restrictions set forth in subsection C5a of this section:

            (1)   Pickup Trucks And Sports Utility Vehicles: A vehicle commonly known as a pickup truck or sports utility vehicle whose principal use is for conveyance of passengers and which vehicle conforms to all requirements of the Illinois vehicle code shall be exempt from height and length restrictions set forth in subsections C5a (3) and C5a (4) of this section.

            (2)   Recreational Vehicles Including A Boat: A recreational vehicle including a boat that is less than thirty feet (30') in length, and eight feet (8') in width, and eleven feet (11') in height may be stored anywhere on the lot except in any required front or side yard. A recreational vehicle including a boat that is greater than thirty feet (30') in length, eight feet (8') in width, eleven feet (11') in height may be parked anywhere on a lot during the period from May 1 through October 31 of any year, so long as it is not within any required front or side yard or within five feet (5') of any lot line or any vehicular or pedestrian right of way. A recreational vehicle including a boat must be stored only on an asphaltic or cement pavement surface.

            (3)   No person shall store on any property owned or occupied by him or her any boat, trailer or recreation vehicle which is not owned by him or her or a member of his or her (take out family) residing in said residence.

            (4)   Oversized Livery Vehicles: An oversized livery vehicle, commonly known as a stretch limousine, that is used or intended to be used for the transportation of persons for hire shall not be subject to the length restrictions set forth in subsection C5a (4) of this section.

            (5)   Service, Emergency, And Utility Vehicles: The following vehicles shall be exempt from the weight, height and length restrictions set forth in subsections C5a (2), C5a (3), and C5a (4) of this section, but only while engaged in their customary business use: garbage trucks, school buses, utility company vehicles, government owned vehicles, emergency vehicles conducting emergency operations, service trucks, landscaping vehicles, vehicles servicing a construction site, delivery trucks, and moving vans (while loading or unloading).

            (6)   Temporary Authorizations: A vehicle for which a request of a Lake Zurich resident for parking authorization has been made on the same day, and the Lake Zurich Police Department has authorized the parking of that vehicle. Such authorization shall be for one day only. The number of authorizations from a particular address may not exceed ten (10) in any calendar year.

         c.   General Parking Restrictions:

            (1)   No person shall store on any residential property owned or occupied by him or her any boat, trailer or recreation vehicle which is not owned by him or her or a member of his or her family residing in said residence.

            (2)   Surface: All vehicles shall be parked on an asphaltic or cement pavement surface.

            (3)   Permanent Location Prohibited: No vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready removal.

            (4)   Residential Use Prohibited: No vehicle shall be used for living, sleeping, or housekeeping purposes.

            (5)   Utility Hookups: No vehicle shall be connected to any public utility except for required servicing.

            (6)   Unsafe Conditions: No vehicle shall be parked so as to create a dangerous or unsafe condition. The ground under or surrounding the location of the parked vehicle shall be free of noxious weeds, debris, and combustible material.

            (7)   Parking In Parking Lots: No commercial or recreational vehicle shall be parked or stored in a residential parking lot. No other vehicle shall be stored in a residential parking lot. For purposes of this paragraph, the term “storage” shall mean the parking of a vehicle for any continuous twenty four (24) hour period. For purposes of this paragraph, the term “commercial vehicle” shall mean any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire, but not including a commuter van, a vehicle used in a ride sharing arrangement when being used for that purpose, or a recreation vehicle not being used commercially.

            (8)   Location Of Parking In A Parking Area: No vehicle shall be parked in a parking area located in the required front and side yards unless on a driveway.

      6.   Parking Of Vehicles In All Commercial Districts. For the purpose of this section, Commercial Districts shall include the Business Districts (B-1, B-2 and B-3 districts), Industrial District (I), Institutional Building (IB) district and the Office Districts (O-1, O-2 and O-3 districts).

         a.   No person shall store on any commercial property owned or occupied by him or her, or a business in which such person has a majority stake in ownership, where such business is lawfully established through an occupancy permit or certificate of occupancy, any boat, trailer or recreation vehicle which is not owned by him or her or a business in which such person has a majority stake in ownership.

         b.   All Vehicles including Motor Vehicle and Recreational Vehicles that are parked or stored on a commercial property shall be traditional, customary and accessory to the principal use of the property or the occupant of the property.

         c.   Exceptions:

            (1)   Outdoor Commercial Storage of Recreational Vehicles shall only accompany the land use of miniwarehouse warehousing and self-storage warehousing and marinas and shall be restricted to the storage of automobiles, recreational vehicles, boats and other similar vehicles as approved by the Development Administrator. Such vehicles must be maintained in good repair and a sightly condition and no vehicles shall be allowed to remain indefinitely or in an abandoned state within the outdoor storage area.

            (2)   Parking: A recreational vehicle including a boat that is less than thirty feet (30') in length, and eight feet (8') in width, and eleven feet (11') in height may be Parked anywhere on the lot except in any required front, corner side yard or interior side yard. For properties zoned within the B-2 Central Business District, such land areas where recreational vehicles shall not be parked shall include that portion of the property between the building façade facing a street lot line and a line extended from the farthest corner from such building façade to the nearest interior lot line; and the building façade facing a side lot line and a line extended from the farthest corner from such building façade to the nearest rear lot line.

            (3)   A recreational vehicle including a boat that is greater than thirty feet (30') in length, eight feet (8') in width, eleven feet (11') in height may only be parked on a lot during the period from May 1 through October 31 of any year, in the manner described in paragraph c.2 of this section.

            (4)   A recreational vehicle including a boat shall be Parked only on an asphalt or concrete pavement surface.

            (5)   Oversized Vehicles and Trucks: Oversized vehicles and Trucks shall only be Parked on the commercial property if such vehicles are related to a land use or business activity operating on the premises with the permission of the property owner and authorized by the Village through an occupancy permit or other permit authorizing the parking of such vehicle.

            (6)   Seasonal Materials, Supplies, And Equipment: All seasonal maintenance materials, supplies, and equipment, including, without limitation, salt or other snow melting material; snow removal equipment; landscaping materials, supplies, and equipment; and plows, blades, heavy trucks, and similar equipment; boat storage racks, shall be stored only within enclosed buildings, within areas entirely outside the view of all public rights-of-way, or in a location approved in writing in advance by the Village Code official.

            (7)   For properties officially designated a Marina under Chapter 24 “Definitions” of the Zoning Code (Title 9), only vehicles and equipment that are traditionally and customary to the operation of such land use shall be stored on the lake side of such property. All other miscellaneous items shall be stored within an enclosed building, or removed from such property.

      7.   Storage Of Inoperable Vehicles: No vehicle incapable of being driven or used for the purpose or use for which it was designed, other than a vehicle awaiting timely repair at an automotive repair shop, gasoline service station, or new or used car dealer, shall be stored in any parking lot or parking area in the Village.

      8.   Penalty:

         a.   General Penalty Applies: The general penalties stated in this Zoning Code shall apply to any violations of any provisions of this subsection C4.

         b.   Separate Offenses: A separate violation shall be deemed to have been committed on each day on which a violation occurs or continues.

         c.   Payment In Lieu Of Prosecution: Any person to whom a citation has been issued who is no longer in violation may avoid prosecution by making payments to the Village pursuant to title 13, chapter 1, “Fee Schedule”, of the Lake Zurich Municipal Code.

      9.   Outdoor Storage of Firewood.

         a.   Definitions: Firewood is defined as logs or kindling materials, not exceeding 24" in length and suitable for use in a fireplace or other wood-burning appliance. Such wood shall not be considered rubbish where it is stored for residential use under the terms and conditions of this section. The definition of firewood shall not include pressure treated lumber of any type; wood-framing components of any size that exceeds 24" in length, or glue laminated lumber components, such as plywood.

         b.   Location:

            (1)   Residential Zoning Districts:

               (A)   Within Yards: Outdoor storage of firewood in all residential districts is permitted in rear yards or side yards only, not closer than five (5) feet to any lot line and completely outside of utility and drainage easements. No firewood storage is allowed within the front yards or corner side yards; and in areas of the property between the building elevation facing a street and a street lot line.

               (B)   Within buildings: Firewood may be stored within “garages” or “sheds” in conformance with the requirements outlined within this section.

            (2)   Non-Residential Zoning Districts:

               (A)   Land Use: The outdoor storage of firewood shall only be allowed as an accessory use when expressly associated with a “Retail Trade” land uses related to “Lumber and Other Building Material Dealers (521),” “Retail Nurseries, Lawn And Garden Supply Stores (526),” or Wholesale Trade and Agricultural Services” land uses related to “Landscape and Horticultural Services (078),” where such land uses are authorized by the Village through a Certificate of Occupancy or a Temporary Use Permit.

               (B)   Within Yards: Outdoor storage of firewood in all non-residential districts shall be located within specific outdoor display areas or enclosures, in rear yards or side yards only and completely outside of utility and drainage easements.

         c.   Storage And Stacking Requirements:

            (1)   Generally: Firewood shall be stacked in a neat and orderly fashion with due regard to stability. Stacks of wood shall be elevated at least 4 inches above the ground so as not to block drainage or harbor rodents and animals.

            (2)   In Yards: Firewood stacks cannot exceed a maximum of four feet (4') in height, two feet (2') in width, and sixteen feet (16') in length.

            (3)   In Garages: Firewood stacks cannot exceed a maximum of four feet (4') in height and two feet (2') in width and shall not extend beyond the outside exterior walls of the garage.

            (4)   The temporary storage of logs from trees cut on the premises shall be allowed for up to 30 days, for the purpose of splitting, cutting, stacking or removal from the property.

      10.   Antennas With Surface Areas Of Ten Square Feet Or Less: Antennas and antenna support structures having a combined surface area not greater than ten (10) square feet, and no single dimension exceeding twelve feet (12'), shall be permitted as an accessory use.

      11.   Antennas, Other Than Amateur Radio Facilities, With Surface Areas Exceeding Ten Square Feet: Except for amateur radio facilities permitted pursuant to subsection C12 of this section, antennas and antenna support structures having a combined surface area greater than ten (10) square feet, or having any single dimension exceeding twelve feet (12'), shall be permitted as an accessory use only in compliance with the following regulations:

         a.   Number Limited: No more than one such antenna and antenna support structure may be located on any zoning lot; provided, however, that one such antenna and antenna support structure may be permitted for each use on a zoning lot in the B-2 or B-3 District up to a maximum of five (5) such antennas and antenna support structures on such zoning lot. The limitations of this subsection C11 a shall not apply to cable television services in the industrial districts.

         b.   Height Limited: No such antenna or antenna support structure shall exceed twelve feet (12') in height unless such antenna and antenna support structure is attached to a building pursuant to subsection C11c of this section.

         c.   Attachment To Buildings Limited: No such antenna or antenna support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

            (1)   Size: The antenna and its support structure shall not exceed fifteen (15) square feet in area or twelve feet (12') in any dimension.

            (2)   Height: The antenna and its support structure shall not extend more than eight feet (8') above the highest point of the building on which it is mounted or exceed the maximum permissible building height, whichever is less.

            (3)   Visibility: The antenna and its support structure shall not be visible from any point located at the end of an eighty foot (80') line drawn at a ninety degree (90°) angle in any direction from any exterior wall of the building at an elevation five feet (5') above the grade at the base of the exterior wall at the point where the line is drawn.

            (4)   Mounting: The antenna and its support structure shall not be attached or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of eighty (80) miles per hour without the use of supporting guywires.

            (5)   Color: The antenna and its support structure shall be a color that blends with the roof or building side on which it is mounted.

            (6)   Grounding: The antenna and its support structure shall be bonded to a grounding rod.

            (7)   Other Standards: The antenna and its support structure shall satisfy such other design and construction standards as the Director of Building and Zoning reasonably determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

         d.   Setback From Street: No such antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.

         e.   Guywires Restricted: No guy or other support wires shall be used in connection with such antenna or its support structure except when used to anchor the antenna or support structure to an existing building to which such antenna or support structure is attached.

         f.   Screening: See chapter 8 of this title for landscaping and screening requirements applicable to ground mounted antennas.

         g.   Site Plan Review: See chapter 20 of this title for site plan review requirements.

      12.   Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet: Any antenna and antenna support structure having a combined surface area greater than ten (10) square feet or having any single dimension exceeding twelve feet (12') that is capable of transmitting as well as receiving signals and is licensed by the federal communications commission as an amateur radio facility must satisfy each of the following conditions:

         a.   Number Limited: No more than one such antenna support structure with a surface area greater than ten (10) square feet or any single dimension exceeding twelve feet (12') may be located on any zoning lot.

         b.   Height Limited: No such antenna support structure shall, if ground mounted, exceed sixty five feet (65') in height or, if attached to a building pursuant to subsection C8c of this section, the height therein specified.

         c.   Attachment To Buildings Limited: No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

            (1)   Height: The antenna and its support structure shall not extend more than twenty feet (20') above the highest point of the building on which it is mounted.

            (2)   Visibility: The antenna and its support structure shall not be visible from any point located at the end of an eighty foot (80') line drawn at a ninety degree (90°) angle in any direction from any exterior wall of the building at an elevation five feet (5') above the grade at the base of the exterior wall at the point where the line is drawn.

            (3)   Mounting: The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of eighty (80) miles per hour without the use of supporting guywires.

            (4)   Grounding: The antenna and its support structure shall be bonded to a grounding rod.

            (5)   Other Standards: The antenna support structure shall satisfy such other design and construction standards as the village manager reasonably determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

         d.   Setback From Street: No such antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.

         e.   Setbacks From Adjacent Buildings: No such antenna or its support structure shall be located in any required side yard or nearer than one-half (1/2) the height of the antenna and support structure to any habitable building on any adjacent property.

         f.   Site Plan Review: See chapter 20 of this title for site plan review requirements.

      13.   Exterior Lighting: Any permitted accessory lighting fixtures shall be so designed, arranged, and operated as to prevent direct glare and direct rays of light from being cast onto any adjacent public or private property or street and so as not to produce excessive sky reflected glare. See chapter 8, article B of this title for additional standards applicable to exterior lighting.

      14.   Uses Subject To Special Restrictions: When the district regulations of this zoning code require compliance with any procedures or standards with respect to a specific use, such use shall not be established as an accessory use except in compliance with those procedures and standards.

      15.   Playhouses: Recreational structures, such as playhouses and similar structures, shall not exceed one hundred (100) square feet in gross floor area, and shall not exceed ten feet (10') in height.

   D.   Use, Bulk, Space, And Yard Regulations: Except as expressly provided otherwise in this section, every accessory structure and use shall comply with the use, bulk, space, and yard regulations made applicable to them by the regulations of the district in which they are located.

   E.   Use Limitation: No accessory structure or use shall be constructed, established, or maintained on any lot prior to the substantial completion of construction of the principal structure to which it is accessory.

(Ord. 2013-12-944, 1-6-2014; amd. Ord. 2018-12-279, 12-3-2018; Ord. 2024-05-568, 5-6-2024)

   A.   Authorization: Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified. All temporary uses shall be approved by the village manager except as otherwise specifically provided in subsection D of this section.

   B.   Definition: A “temporary use” is a use that:

      1.   Is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and

      2.   Does not involve the construction or alteration of any permanent structure.

   C.   Village Approval Required; Special Standards For Approval And Revocation Of Approval:

      1.   Approval Required: Except as provided in subsection D1 of this section, no temporary use shall be established or maintained unless approved by the village manager or, if specifically required in the regulations of this section, by the board of trustees. Permitted temporary uses of public owned or leased buildings and property shall be exempt from this requirement.

      2.   Bases For Denial: Approval may be denied if the village manager determines that the applicant has failed to comply with the terms or conditions of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of all village ordinances regulating the development, use, and maintenance of the property. Approval shall be denied if the village manager determines that the public health, safety, or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

      3.   Conditions On Approval: Any approval may be conditioned on such special requirements as the village manager may determine are necessary to achieve the purposes of this zoning code and to protect the public health, safety, and welfare.

      4.   Revocation Of Approval: Any approval shall be revoked if any of the standards and conditions imposed pursuant to this section are violated.

   D.   Permitted Temporary Uses: Subject to the specific regulations and time limits that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary uses and no others are permitted in the zoning districts herein specified:

      1.   House, apartment, garage, and yard sales in any residential district. Such use shall be limited to a period not to exceed three (3) consecutive days, and no more than two (2) such sales shall be conducted from the same residence in any twelve (12) month period.

      2.   Indoor and outdoor art, craft, rummage, and plant shows, exhibits, and sales. In any business, office, industrial, open space, or institutional building district; provided, however, that any such use shall require the specific review and approval of the village manager on the bases of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such sale shall be limited to a period not to exceed three (3) days.

      3.   Farm product sales. In any business, office, or industrial district, but only in compliance with the following conditions:

         a.   Seller Produced Goods Only: No product may be exhibited or offered for sale except those products grown or produced by the person offering them for sale.

         b.   Number And Duration Of Sales Limited: Not more than one such farm product sale shall be conducted on the same premises in any seven (7) day period. Every such sale shall be limited to a period not to exceed eight (8) consecutive hours.

      4.   Christmas tree sales. In any business or industrial district; and, when conducted by a not for profit religious, philanthropic, or civic group or organization on property owned or leased by such group or organization, in any office, open space, or institutional building district; provided, however, any such use shall require the specific review and approval of the village manager on the bases of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard requirements of this zoning code, except that no tree shall be displayed within the sight triangle defined in subsection 4-2-1-3C of the Lake Zurich municipal code.

      5.   Contractors’ offices and equipment sheds. In any district when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project or one year, whichever is less, except with the prior approval of the village manager.

      6.   Real estate offices, including model units. In any district when accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.

      7.   Carnivals and circuses. In any nonresidential district; provided, however, that any such use shall require the specific review and approval of the village manager on the bases of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed ten (10) days. Such use need not comply with the yard requirements of this zoning code. Such use need not comply with the maximum height requirements of this zoning code. Any concessionaire responsible for the operation of any such carnival or circus shall:

         a.   Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and

         b.   Provide fire extinguishers of a type and at site locations approved by the village manager; and

         c.   Provide and service refuse containers in the number and locations required by the village manager; and

         d.   Provide for a thorough cleanup of the site upon termination of the event; and

         e.   Upon written notice from the village manager, terminate the use of any amusement device or structure found by the manager to pose a threat to the public safety.

      8.   Tents. In any district, in connection with any permitted, accessory, temporary, or special use.

      No tent shall be allowed to remain for a period of more than four (4) days. Unless waived in writing by the village manager, every tent shall comply with the bulk, space, and yard requirements applicable to accessory uses pursuant to subsection 9-9-1D of this chapter.

      9.   Sidewalk sales. In the B-1, B-2, and B-3 districts but only with respect to:

         a.   The display and sale of plant materials during the period of March 1 through September 30 (but in no event for more than 90 successive days or more than 180 days during any calendar year); or

         b.   An areawide sidewalk sale involving substantially all of the merchants on abutting, similarly zoned lots for a period not in excess of four (4) successive days;

provided that the village manager determines that such sales will not unduly interfere with pedestrian traffic.

      10.   Outdoor display of retail merchandise. In the B-1, B-2, and B-3 districts, but only after the specific review and approval of the village manager on the bases of public safety, interference with vehicular or pedestrian traffic, and absence of undue adverse impacts. Such use shall not occur more than four (4) times in any calendar year, and no such use shall continue for a period in excess of thirty (30) successive days.

      11.   Civic uses of public property. In any district, any civic use of any public buildings or property when authorized by the governmental agency owning or controlling such property; provided that the village manager determines that such use will not result in any undue interference with vehicular or pedestrian traffic or any undue adverse effect on neighboring streets or property.

      12.   Others. In any district, any other temporary use consistent with the purposes of this zoning code and with the regulations of the district in which such use would be located; provided, however, that any such use shall require the specific prior approval of the board of trustees.

      13.   Temporary Storage Containers.

         a.   Definitions: “Temporary storage container” shall mean any temporary, transportable, movable or portable container or pod, which is delivered to and placed outdoors on private property for storage, loading and unloading of household or business items or other tangible personal property. A temporary storage container does not include any of the following:

            (1)   A debris dumpster or dump trailer related to ongoing construction subject to permits issued under Titles 8, 9 and 10 of the Lake Zurich Municipal Code.

            (2)   A temporary construction trailer, sales trailer or other trailer subject to a temporary use permit or Development/Annexation Agreement related to construction activity on the premises.

            (3)   A temporary storage container that is located on property owned or used by a unit of local, state or federal government or a railroad.

         b.   General Limitations:

            (1)   A temporary storage container shall not be utilized for the purpose of conducting business, selling merchandise or property, dwelling, living, habitation, camping, cooking, or recreation. It is the intent of this Chapter to expressly limit, except as provided herein, the placement and use of any temporary storage container as an accessory building or storage building on residentially and non-residentially zoned land.

            (2)   A temporary storage container shall not be used for the storage of construction equipment, building materials, hazardous or flammable substances.

            (3)   A temporary storage container shall not be placed on a non-paved surface, unimproved yard, roadway, alley, parkway, other publicly-owned right-of-way, sidewalk, easement for ingress and egress, access lane or aisle, fire access lane, public utility easement, location that obstructs traffic visibility, or other location not specifically identified as acceptable within the provisions of this Section.

            (4)   A temporary storage container shall not be placed, maintained or stored in a manner that will or may interfere with Village operations including, but not limited to, snow removal, street cleaning or capital improvements.

            (5)   The stacking or placement of any items on top of or around any temporary storage container shall be strictly prohibited.

         c.   Residential Zoning Districts:

            (1)   Maximum Allowable Size: The maximum allowable size for a temporary storage container in a residential zoning district shall be sixteen feet (16') in length, eight feet (8') in width, nine feet (9') in height.

            (2)   Placement of Residential Temporary Storage Containers:

               (A)   Residential temporary storage containers on single-family and two-family dwellings shall be placed on an asphalt or concrete driveway or other paved surface identified and approved by the village.

               (B)   Residential temporary storage containers on multiple-family dwellings may be placed upon a parking area or parking lot constructed of a concrete or asphalt surface, provided that the placement of such container does not impede the flow of vehicular or pedestrian traffic, occupy off-street parking spaces required by the Code, or interfere with the normal operation of the permanent use on the property.

            (3)   Setbacks: Temporary storage containers shall be located at least five feet from any lot line, a public right-of-way and any public sidewalk.

            (4)   Maximum Number Of Containers: The maximum number of temporary storage containers permitted on any property at one time in a residential zoning district shall be one (1). No more than two Temporary Storage Container Permits shall be issued for the same property in any 12-month period.

            (5)   Time Period: The maximum time period permitted for temporary storage containers shall be no more than sixty (60) days within a calendar yard. The zoning official shall have discretion to grant extensions to said time period.

            (6)   Where applicable, placement of temporary storage containers shall be approved by the homeowner’s association. In no instance shall the requirements of the association be less restrictive than those contained within this section.

         d.   Nonresidential Zoning Districts:

            (1)   Maximum Allowable Size: The maximum allowable size for a temporary storage container in a nonresidential zoning district shall be fifty feet (50') in length, eight feet (8') in width, nine feet (9') in height.

            (2)   Placement Of Commercial Storage Containers: Commercial storage containers shall be placed at the side or the rear of the building and shall not be readily visible from a public street whenever possible. Containers shall not be stacked on top of each other, but only be placed directly upon the ground on which they are located.

            (3)   Setbacks: Temporary storage containers shall be located at least five feet from any lot line, a public right-of-way and any public sidewalk.

            (4)   Maximum Number Of Containers: The maximum number of temporary storage containers permitted on any property at one time in a commercial zoning district shall be two (2). No more than two Temporary Storage Container Permits shall be issued for the same property in any 12-month period.

            (5)   Time Period: Temporary storage containers may be placed on the premises for the duration of the approved temporary use permit and shall be removed from the property upon expiration of such permit. The zoning official shall have the discretion to extend the time period for removal of temporary storage containers.

            (6)   Temporary Surplus Storage: Temporary surplus merchandise storage associated with a commercial retail enterprise shall be allowed to remain on the premises for the time period allowed in the temporary use permit, and their removal may be extended at the discretion of the zoning official.

            (7)   Where applicable, placement of temporary storage containers shall be approved by the property owner’s association. In no instance shall the requirements of the association be less restrictive than those contained within this section.

   E.   Bulk, Space, And Yard Regulations: Except as expressly provided otherwise in subsection D of this section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.

   F.   Use Limitations:

      1.   General Limitations: Every temporary use shall comply with the limitations made applicable to specified temporary uses by subsection D of this section. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.

      2.   Hours And Days Of Operation: No temporary use shall be operated during any hours or on any days of the week except such as are designated by the village manager on the basis of the nature of the temporary use and the character of the surrounding area.

      3.   Public Safety: No temporary use shall be permitted that will result in an undue on site or off site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as the village manager may require in connection with such certification.

      4.   Traffic: No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.

      5.   Conflicts With Other Temporary Uses: No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

      6.   Sign Limitations: Except as otherwise expressly authorized by the Lake Zurich municipal code, signs shall be located only on the same zoning lot as the temporary use, be limited to no more than one per street frontage, be set back at least six feet (6') from the front lot line, be no larger than six (6) square feet in area in any residential district or twenty (20) square feet in area in any other district, be of sturdy construction, and not be detrimental to the character of the area. Such signs shall not be erected sooner than twenty four (24) hours before the commencement of the temporary use and shall be removed within twenty four (24) hours following the termination of the temporary use.

      7.   Parking: Before approving any temporary use, the village manager or board of trustees, as applicable, shall make an assessment of the total number of off street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off street parking is provided. No temporary use shall be authorized that would, in the opinion of the manager, unreasonably reduce the amount of off street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

      8.   Restoration: All premises and property shall be restored to a clean and good condition and to a condition at least equal to the condition present immediately prior to establishment of the temporary use. All damage to any premises or property, whether public or private, shall be immediately repaired by the applicant.

      9.   Additional Conditions: Every temporary use shall, in addition, comply with, and the village manager may impose, such other conditions as may reasonably be necessary to achieve the purposes of this zoning code or to protect the public health, safety, and welfare.

(Ord. 2013-12-944, 1-6-2014; amd. Ord.2024-05-568, 5-6-2024)

   A.   Authorization: Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.

   B.   Definition: A "home occupation" is a business, profession, occupation, or trade that:

      1.   Is conducted for gain or support by a full time occupant of a dwelling unit; and

      2.   Is incidental and secondary to the use of such dwelling unit for dwelling purposes; and

      3.   Does not change the essential residential character of such dwelling unit.

   C.   Certificate Of Zoning Compliance Required: No home occupation shall be established or maintained unless a certificate of zoning compliance shall have first been issued in accordance with the provisions of chapter 13 of this title.

   D.   Use Limitations:

      1.   Employee Limitations:

         a.   The entrepreneur of every home occupation shall be domiciled in the dwelling unit where such occupation is conducted.

         b.   No more than one employee who is not domiciled in the dwelling unit where a home occupation is conducted shall be present in connection with, or otherwise participate in the operation of, a home occupation at any one time. For the purposes of this subsection D1b, the term employee shall not include persons domiciled in the dwelling unit where such home occupation is conducted. This limitation on the number of employees shall not apply to employees who do not work at the dwelling unit devoted to such home occupation.

      2.   Structural Limitations:

         a.   No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.

         b.   No separate entrance shall be provided in connection with the conduct of any home occupation.

      3.   Operational Limitations:

         a.   Every home occupation shall be conducted wholly within a principal dwelling unit or permitted accessory structure; provided, however, that this subsection D3a shall not apply to a daycare home operated as a home occupation.

         b.   No more than a total of six hundred (600) square feet of floor area (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation) of any dwelling unit or any permitted accessory structure shall be specially designed, arranged, or set apart for the conduct of a home occupation; provided, however, that this subsection D3b shall not apply to a daycare home operated as a home occupation.

         c.   No stock in trade shall be displayed or sold on the premises of any home occupation.

         d.   No routine attendance of patients, clients, subcontractors, or employees (except as provided in subsection D1b of this section) associated with any home occupation shall be allowed at the premises of the home occupation except that attendance of up to eight (8) children at any one time may be allowed at a daycare home operated as a home occupation and that the attendance of up to four (4) persons at any one time may be allowed for the purpose of receiving private instruction in any subject or skill. "Routine attendance" means that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency, or duration of such visits.

         e.   No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.

         f.   No outdoor storage shall be allowed in connection with any home occupation.

         g.   No refuse in excess of the amount allowable for regular residential pick up shall be generated by any home occupation.

         h.   Vehicles used in connection with any home occupation shall be subject to the requirements of subsection 9-9-1C4 of this chapter.

      4.   Signage And Visibility:

         a.   No sign shall advertise the presence or conduct of the home occupation.

         b.   No home occupation shall be in any manner visible or apparent from any public or private street.

      5.   Traffic Limitations: No home occupation shall generate more vehicular or pedestrian traffic than is typical of residences in the area.

      6.   Nuisance Causing Activities: In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or general welfare, or be noxious, offensive, or hazardous.

      7.   Licensing Requirements: Every home occupation shall be subject to applicable business licensing and inspection requirements, and shall comply with all applicable Federal, State, and local laws and regulations, including, without limitation, obtaining, maintaining, and complying with regulations applicable to any required Federal, State, or local license or permit. (Ord. 2013-12-944, 1-6-2014)