Zoneomics Logo
search icon

Lindenhurst City Zoning Code

PART 6

GENERAL USE REGULATIONS

§ 159-6.101 ACCESSORY STRUCTURES AND USES.

   (A)   Authorization: Subject to the limitations of this section, and except as limited by the regulations of the district where located, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within that district.
   (B)   Definition: An accessory structure or use is as defined in § 159-9.200 of this chapter.
   (C)   Location Of Accessory Structures:
      (1)   Accessory structures may not be located in the required front yard.
      (2)   Accessory structures may not be located in any side or rear yard, except as expressly provided otherwise in this chapter.
      (3)   When an alley exists, no part of an accessory building may be located closer than 6 feet to the right-of-way line of the alley.
      (4)   1 accessory building shall be allowed in the E, SE, and S Districts, and 2 accessory buildings will be allowed in all other zoning districts.
         (a)   Maximum Size On Lots Less Than 40,000 Square Feet. On parcels of land or lots having an area of less than 40,000 square feet, the maximum cumulative size of accessory buildings is 675 square feet.
         (b)   Maximum Size On Lots Of 40,000 Square Feet Or More. On parcels of land or lots having an area of 40,000 square feet or more, the maximum size of accessory buildings is 900 square feet. However, 2 accessory buildings will be permitted provided the total aggregate floor area of both buildings does not exceed 900 square feet.
         (c)   Required Minimum Distance Of A Detached Accessory Building From Principal Structure. For properties located within residential zoning districts, no part of an accessory building or structure may be located closer than 6 feet to any other building or structure, whether accessory or principal, except for a fence or at-grade improvement; provided, however, that the Village may require a structure to be located further from another structure if necessary for emergency and/or maintenance purposes or if the structure's location might create a fire or safety hazard.
         (d)   Required Minimum Distance Of An Attached Accessory Building To A Detached Accessory Building. For properties located within non-residential zoning districts, no part of an accessory building or structure may be located closer than 12 feet to any other building or structure, whether principal or accessory, except for a fence or at-grade improvement; provided, however, that the Village may require a structure to be located further from another structure if necessary for emergency and/or maintenance purposes or if the structure's location might create a fire or safety hazard.
         (e)   Minimum Required Setbacks.
            1.   Accessory buildings less than 675 square feet must have a minimum side yard setback of 6 feet.
            2.   In the R-1 District, accessory buildings less than 675 square feet must have a minimum side yard of 3 feet and rear yard setback of 6 feet. However, accessory buildings shall not be placed within any easement.
            3.   Except in the R-1 District, accessory buildings less than 675 square feet have a minimum side and rear yard setback of 6 feet.
            4.   Accessory buildings greater than 675 square feet must have side and rear yard setbacks the same as those of the principal structure.
            5.   No accessory building or accessory structure may be located closer than 1 foot to any easement and no accessory building may be placed within any easement (excluding permitted fences).
            6.   See division 159-3.201(G) of this chapter for exceptions to required setbacks.
            7.   Attached accessory buildings or structures (which require the use of a structural support system independent of the principal building or principal structure to which it is attached) are considered as principal buildings or principal structures required to meet all required front yard, side yard, or rear yard setbacks.
      (5)   On lots zoned within a residential zoning district in the Lindenhurst Estates and Lindenhurst Estates 1st Addition subdivisions, 1 detached garage may be built and maintained in the front yard of any zoning lot provided that the following criteria area met.
         (a)   That there is no other garage located on the zoning lot.
         (b)   That the front yard minimum setback required for the detached garage is 50 feet.
         (c)   That the garage be no closer than 12 feet at any point to the principal building on the zoning lot.
         (d)   That the garage be of a similar architectural style to the residence on the zoning lot and be constructed of similar material.
         (e)   That the garage be:
            1.   No more than 1 story in height with a maximum roof height of 15.5 feet;
            2.   A minimum size of 12 feet by 24 feet and a maximum garage size of 675 square feet; and
            3.   Constructed no closer to the side lot line than the principal building.
         (f)   That there is no outside storage of any kind in the front yard visible from Grand Avenue.
         (g)   That all other provisions of the Village ordinance applicable to the construction of an attached garage be complied with.
   (D)   Time Of Construction For Accessory Buildings And Structures: No accessory building, accessory structure, or accessory use may be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
   (E)   Height Of Accessory Buildings Or Structures In Required Rear Yards: No accessory building or structure, or portion thereof, located in a required rear yard may exceed the maximum permitted accessory building or accessory structure height of the zoning district in which the accessory building or structure is located except as allowed and provided for under the provisions of § 159-3.201 of this chapter.
   (F)   No Slab Required For Accessory Buildings Of 150 Square Feet Or Less In Area: Accessory buildings of 150 square feet or less in area (excluding trash and garbage waste receptacles, or dumpsters, in the R-2, R-3, and all nonresidential zoning districts) do not require a concrete slab foundation. If a concrete slab foundation is not provided for such accessory building, the flooring must be constructed of decay resistant wood and the building must be securely anchored to the ground.
(Ord. 17-2-2065, passed 2-27-2017; Am. Ord. 21-8-2205, passed 8-23-2021)

§ 159-6.102 DETAILED STANDARDS FOR ACCESSORY USES IN RESIDENTIAL DISTRICTS.

The following are detailed standards for certain accessory uses that are permitted accessory uses in residential districts.
   (A)   Antennas: In residential zoning districts, the following criteria will apply to all antennas and antenna towers:
      (1)   There may be no more than 1 antenna tower on any residential lot.
      (2)   There may be no more than 2 antennas, dish or otherwise, on any residential lot.
      (3)   Dish antennas may be no larger than 1 meter (39.37 in.) in diameter or in the length of its longest dimension.
      (4)   Antennas, other than citizen band antennas, may only receive wireless signal transmissions for the sole use of the occupants of a dwelling on a residential lot.
      (5)   Antennas installed on a residential lot may not be visible from the street unless the signal transmission is impossible to be received or substantially degraded if located in any allowed location on the residential lot.
      (6)   Antennas which are mounted on a tower which total height exceeds 12 feet (as measured from the immediate surrounding grade) must comply with the following:
         (a)   A building permit must be applied for and issued.
         (b)   The applicant must submit a report from a professional electronic engineer which states that if an antenna and tower are not constructed to a height exceeding 12 feet that the signal transmission either cannot be received or will be substantially degraded. The report must further indicate the minimum height of the antenna and tower which is necessary to receive a signal transmission which is not substantially degraded.
         (c)   The maximum height of the antenna and tower may be no higher than the height indicated in the report required but in no case may it exceed the height of 40 feet.
         (d)   The antenna tower proposed to be installed must be designed to prevent children from climbing on it.
         (e)   No form of signage other than warning signs may be attached to any antenna or tower.
         (f)   A building permit for an antenna tower will automatically expire and cease to be of any force or effect if the tower is not constructed within a 12 month period following the issuance of a building permit.
         (g)   An antenna tower must be removed from the premises if the tower does not have a functional antenna installed upon it for 12 consecutive months or more; provided, however, that if the antenna use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the building permit, the 12 months may be extended for a period of time equal to the period that the holder of the building permit is prevented from engaging in the antenna use for which the building permit was issued.
      (7)   Any provision of this section which as applied is superseded by rules of the Federal Communications Commission shall be void, but the remaining divisions or portions thereof will have full force and effect.
   (B)   Automobile Or Motor Vehicle Repair In Residential Districts: The repair of an automobile or a motor vehicle in all residential zoning districts is subject to the following restrictions:
      (1)   Only "minor repairs and maintenance" may be performed which, for purposes of this section, are defined as the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil; the replacement of spark plugs or ignition points; the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines.
      (2)   Any other repairs on the motor vehicle or automobile must be restricted to totally enclosed spaces which are properly ventilated and only accomplished on privately registered vehicles having current State of Illinois license plates, or motor vehicles designated by the State of Illinois as qualifying for an antique, or horseless carriage designation.
      (3)   Only vehicles registered at the lot at which the repairs are being made may be repaired in any residential district.
   (C)   Commercial Vehicle Parking: The parking of commercial vehicles outdoors on any zoning lot in a residential zoning district is limited to 1 vehicle with a gross vehicle weight of less than 6,000 pounds. This requirement will not be interpreted to prohibit vehicles from loading and unloading in any residential district.
   (D)   Dog Runs: Dog runs are only permitted in the rear of the residential dwelling unit and may not encroach into any required yard.
   (E)   Home Occupations And Home Offices: The following specific standards will be used for home occupations and home offices located as accessory uses in all residential zoning districts.
      (1)   No person may be employed other than members of the immediate family residing on the premises.
      (2)   The use of the dwelling unit for the home occupation or home office must be clearly incidental and secondary to its use for residential purposes. No more than 25% of the floor area of the dwelling unit may be used in the conduct of the home occupation or home office; and no outside display, storage, or use of land is permitted. Home daycare operations are permitted to use outside space only in accordance with State of Illinois regulations.
      (3)   There may be no change in the outside appearance of the building, accessory structure, or premises as a result of such home occupation or office, except for the purpose of gaining compliance with local, State, or Federal rules, regulations or building codes, provided the residential character is maintained. No signs are permitted.
      (4)   No mechanical equipment may be used on the premises, except such that is normally used for on site domestic or household purposes. In the case of electrical interference, no equipment or process may be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage in excess of that normally associated with household use. Computer equipment which meets the aforementioned criteria and which can be purchased for use in the home will be considered as "normally associated with household use".
      (5)   No commodity or good not produced on the premises may 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.
      (6)   A home occupation may include, but not be limited to, the following:
         (a)   Domestic crafts such as seamstress, sewing, tailoring, weaving and washing and ironing so long as such activities do not involve visitations to the residence by any persons other than members of the immediate family residing on the premises.
         (b)   Private tutoring and instruction (limited to 3 pupils at any one time).
         (c)   Home offices, the use of which do not involve visitation to the residence by any persons other than members of the immediate family residing on the premises.
         (d)   Home daycare operations as defined in, and in accordance with the requirements of, section 2.18 of the Child Care Act of 1969.
      (7)   The following uses are not permitted as a home occupation: retail or wholesale shops, tearooms, restaurants, tourist homes, bed and breakfast establishments, auto repair and tune up, home offices the use of which involve visitation to the residence by any persons other than members of the immediate family residing on the premises, medical offices, clinics, physicians, dentists and offices of the like, welding shops, animal hospitals, kennels, veterinary clinics, catering or other food preparation businesses, funeral parlors and undertaking establishments, antique shops, rooming houses, dancing schools, sale of firearms and ammunition, barbershops and beauty parlors. Notwithstanding the prohibition on the operation of a food preparation business as a home occupation, a “home kitchen operation” and a “cottage food operation” (as those terms are defined by the Food Handling Regulation Enforcement Act, 410 ILCS 625/3.6 and 410 ILCS 625/4) are permitted as home occupations provided the operations are conducted in conformance with this Act.
      (8)   There may be no levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which is detectable to the normal senses outside the dwelling unit in excess of that normally associated with household use.
      (9)   No refuse in excess of the amount allowable for regular residential pick up may be generated by any home occupation.
      (10)   No home occupation may cause or create any nuisance; cause or create any substantial or undue adverse impact on any adjacent property or the character of the area; threaten the public health, safety or general welfare; or be noxious, offensive, or hazardous.
      (11)   No materials which decompose by detonation are allowed in conjunction with a home occupation.
      (12)   No home occupation will be permitted which generates sewerage or water use in excess of what is typical for a residential dwelling unit.
   (F)   Recreational Vehicle Parking: See parking regulations of this chapter for regulations regarding the parking of recreational vehicles in the Village of Lindenhurst.
   (G)   Residential Rental Complex Offices: 1 rental office may be allowed within a residential rental complex. The office may be the rental manager's dwelling. Rental complex offices are subject to the following restrictions:
      (1)   All rental complex offices may open no earlier than 8:00 a.m. and must close prior to 9:00 p.m. during the spring, summer, and fall seasons, and must close prior to 8:00 p.m. during the winter season. No rental complex office may be open on Sunday before 12:00 noon.
      (2)   All exterior lighting must meet the requirements set forth in § 159-7.800 of this chapter for the zoning district in which the rental office is located. All off-street parking areas must be illuminated. All exterior lighting associated with the rental office must be extinguished at the closing time of the rental complex office.
      (3)   All rental complex offices must provide off street paved parking for the public. An area contiguous to the structure within which the rental complex office is located must be utilized for the off street, paved parking lot for public use. The number of required off street parking spaces are 6 per rental complex office. Such parking spaces are in addition to those otherwise required by § 159-7.600 of this chapter.
      (4)   Trash receptacles shall be provided around the rental complex office for use by the public.
   (H)   Swimming Pools, Spas And Hot Tubs (Private): The following requirements must be met for swimming pools, spas and hot tubs located in residential districts.
      (1)   Enclosure And Fencing.
         (a)   All provisions of the Village's adopted Building Code must be met by private swimming pools, spas and hot tubs.
         (b)   Private swimming pools, spas and hot tubs must be enclosed with an enclosure and/or fence having dimensions as defined in the Village's Building Code. However, an enclosure or fence is not required for a spa or hot tub which has a solid locking safety cover fastened to it.
      (2)   Location And Placement.
         (a)   A private pool, spa or hot tub may not occupy required front or side yards.
         (b)   For double frontage lots, pools, spas or hot tubs and their surrounding decking may be permitted within the front yard which functions as a rear yard, provided that the pool, spa or hot tub is screened from the rear street by a fence, wall or hedge.
         (c)   No wall or edge of a swimming pool, spa or hot tub may be located less than 6 feet from any rear or side property line.
         (d)   No swimming pool, spa or hot tub may be located within a horizontal distance of 10 feet from any overhead utility or aboveground electrical wiring or 5 feet from any underground utility or electrical wiring.
         (e)   No swimming pool, spa or hot tub may be placed in any easements.
         (f)   No swimming pool may be placed closer to any foundation wall of any principal building or principal structure than the depth of said foundation wall and footing. A spa or hot tub may be placed up to and adjacent to any principal building or principal structure. Placement of swimming pools, spas or hot tubs is subject to the following:
            1.   That if a swimming pool, spa or hot tub is to be installed on a deck, the Village Building Department may require a sealed certificate from a licensed architect or engineer certifying that the deck will be able to support it.
            2.   That the placement does not create a hazardous glazing condition as defined in the Village's adopted Building Code.
            3.   That all other applicable provisions of the Village's Building Code are met.
   (I)   Trash Dumpsters And Garbage Receptacles (Trash And Garbage Storage): The following requirements must be met for trash dumpsters and garbage receptacles located in multiple-family residential districts when permitted by the Village.
      (1)   All new multiple-family residential buildings and uses, except for single-family and 2-family dwellings, must provide facilities for the storage of solid waste within the parcel or lot. The location of these facilities must be approved by the Village. Multiple locations may be required.
      (2)   All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property must be closed containers with lids and must be concealed or suitably screened from public view. Sightproof fencing (wood or masonry) and landscaping must be used to totally obstruct vision into the storage areas. Where such facilities are provided outside of a building, they must be screened from public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.
      (3)   Fencing and landscaping for storage areas must be maintained in good condition and kept litter free. All garbage cans, trash containers, and other garbage storage devices must be emptied and the contents thereof properly disposed of not less than once every 7 days.
      (4)   No portion of the lot may be used for open or unenclosed storage of trash or waste of any kind.
      (5)   No trash dumpster or other trash or waste receptacle will be permitted in any off street parking space or drive.
      (6)   All trash dumpsters and garbage receptacles must be placed upon a concrete slab which has a thickness of not less than 5 inches.
      (7)   All trash dumpster and garbage receptacle areas must be of an adequate size to accommodate the storage of materials to be recycled (recyclable materials). The minimum amount of exterior storage area to accommodate the storage of materials to be recycled allocated per dwelling unit will be calculated as follows:
         (Number of efficiency dwelling units x 7 gallons) +
         (Number of 1 bedroom dwelling units x 7 gallons) +
         (Number of 2 bedroom dwelling units x 8 gallons) +
         (Number of 3 or more bedroom dwelling units x 9 gallons) =
         Total minimum amount of exterior storage area required to accommodate the storage of materials to be recycled
      (8)   A building permit is required for the construction of any garbage, trash, waste, or dumpster enclosure.
   (J)   Electric Vehicle Charging: Electric vehicle charging stations and elctric vehicle charging infrastructure are permitted as accessory uses, subject to the following regulations:
      (1)   Electric vehicle charging infrastructure at single-family and multiple-family dwellings must be designated for private use only.
      (2)   In residential zoning districts, electric vehicle charging infrastructure located at single-family and multiple-family dwellings, which include garages or similar accessory structures, may not be free-standing and should be mounted to or located within a structure. In multiple-family dwellings where garages or similar structures may not exist, electric vehicle charging stations should follow the standards established for non-residential districts in § 159-6.103 of the village code.
      (3)   All electric vehicle charging stations are subject to the village’s light emitting diode (LED) regulations provided in §157.0800.
(Ord. 17-2-2065, passed 2-27-2017; amd. Ord. 21-1-2184, passed 1-25-2021; Am. Ord. 2025-2- 2310, passed 2-24-2025)

§ 159-6.103 DETAILED STANDARDS FOR ACCESSORY USES IN NONRESIDENTIAL DISTRICTS.

   (A)   Canopies As Accessory Uses: The canopies provided over the pump islands at gas stations, convenience stores with gas pumps, automobile and motor vehicle service stations, drive-in and drive-through facilities associated with financial institutions, restaurants, cleaners, and similar uses, must meet the yard requirements of a principal structure. In addition:
      (1)   The canopy may not block visibility at intersections of rights-of-way or drives.
      (2)   All pump islands, their surrounding structures, and the canopy overhang must meet the zoning district's front yard requirement.
      (3)   All canopies will be counted towards the maximum permitted gross floor area ratio (GFAR) and maximum net floor area ratio (NFAR) of the nonresidential zoning district in which the canopy is to be constructed.
      (4)   Under no circumstances may the canopy be higher than 25 feet.
      (5)   No signs will be permitted on canopy roofs or fascia except that canopies over pump islands at gas stations or convenience stores with gas pumps may have signage.
   (B)   Mechanical Penthouses And Mechanical Accessory Structures: Where mechanical penthouses and mechanical accessory structures are installed, they shall be designed to blend into the building's architecture and may not cause the building's total height to exceed the maximum height allowed as required under the zoning district dimensional requirements set forth in §§ 159-4.104 and 159-5.104 of this chapter. A penthouse will not be counted as a story, provided that:
      (1)   The penthouse is less than 10 feet in height.
      (2)   The penthouse floor area covers less than 25% of the roof area.
      (3)   In the event that a mechanical accessory structure is supplied, it shall be fully screened from view by a combination of berms and evergreens, subject to Village approval.
   (C)   Open Storage: Open storage areas must be screened from view of any street, and from the view from all residential zoning districts as follows:
      (1)   When an open storage area abuts a collector or arterial street, the method of screening must consist of solid masonry walls or solid wooden fences at least 6 feet in height, with access only through solid gates which shall be closed except when said storage area is in use. An existing permanent structure may be used to screen such storage areas.
      (2)   When an open storage area abuts a residential zoning district, the method of screening must consist of solid wooden fences or masonry walls at least 6 feet in height along the boundary of the storage areas and the entire residential district.
   (D)   Trash Dumpsters And Garbage Receptacles: The following requirements must be met for trash dumpsters and garbage receptacles located in nonresidential districts.
      (1)   All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids and shall be concealed or suitably screened from public view. Masonry sightproof fencing and landscaping shall be used to totally obstruct vision into the storage areas. Where such facilities are provided outside of a building, they shall be screened from public rights-of-way and adjacent property by a masonry enclosure or materials complementary to and compatible with the materials on the front building wall of the main building.
      (2)   Fencing and landscaping for storage areas must be maintained in good condition and kept litter free. All garbage cans, trash containers, and other garbage storage devices must be emptied and the contents thereof properly disposed of not less than once every 7 days.
      (3)   No portion of the lot may be used for open or unenclosed storage of trash or waste of any kind.
      (4)   No trash dumpster or other trash or waste receptacle will be permitted in any off street parking space or drive.
      (5)   All trash dumpsters and garbage receptacles must be placed upon a concrete slab which has a thickness of not less than 5 inches.
      (6)   All trash dumpster and garbage receptacle areas must be of an adequate size to accommodate the storage of materials to be recycled (recyclable materials).
      (7)   A building permit is required for the construction of any garbage, trash, waste, or dumpster enclosure.
   (E)   Charity Donation Boxes As Accessory Uses: Charity donation boxes may be permitted on property owned by the Village in the Institutional District only, in the Village's sole discretion, subject to a license agreement between the Village and the charitable organization setting forth the terms of the license, including among other provisions, the duration of the licensed use, restrictions on the location and size of the donation box, and the organization's operational and maintenance obligations.
   (F)   Outdoor Sales And Display: Outdoor sales and display is permitted as an accessory use (except in the CBR-2 District, where such use is prohibited), subject to the following regulations:
      (1)   Outdoor sales and display includes propane exchange units, ice machines, and other self-contained units intended for the display and sale of goods, as well as trees, shrubs, flowers, and other plant materials. Outdoor sales and display does not include construction or bulk materials, prepackaged containers such as mulch, sand, salt, rocks, or similar materials that are subject to the "outdoor storage" regulations of division (G) of this section.
      (2)   The outdoor sales and display shall not exceed 8 feet in height, 6 feet in width, and 3 feet in depth.
      (3)   The outdoor sales and display shall be maintained in sound condition at all times and all debris and trash shall be removed from the area surrounding the display.
      (4)   The outdoor sales and display shall comply with local Fire Code requirements, including the provision of adequate clearance for pedestrian and vehicular traffic.
      (5)   Any signage installed on the outdoor sales and display must comply with the Village's sign regulations.
      (6)   The outdoor sales and display shall be considered an accessory use to the principal building.
      (7)   The outdoor sales and display must be located entirely on private property.
      (8)   The outdoor sales and display must comply with any other requirements or conditions as determined by the Village Administrator, including provision of evidence of satisfactory liability insurance.
      (9)   In the event of a violation of any of the above requirements or conditions, an owner may be required to remove the outdoor sales and display and restore the property to the condition existing prior to installation of the display.
   (G)   Outdoor Storage: A temporary use permit is required for the outdoor storage of prepackaged or bulk materials such as construction materials, prepackaged containers of mulch, sand, salt, rocks, firewood, and similar materials as an accessory use in the CB District, subject to the following regulations:
      (1)   The temporary use permit is valid for a period not to exceed 120 days in any calendar year, unless otherwise approved in an annexation or development agreement, special use permit, or planned unit development.
      (2)   The temporary use permit may include conditions, as determined by the Village Administrator. Violation of any condition to the temporary use permit or any law or ordinance may result in revocation of the permit.
   (H)   Electric Vehicle Charging: Electric vehicle charging stations (EVCS) and electric vehicle charging infrastructure (EVCI) are permitted as accessory uses, subject to the following regulations:
      (1)   All electric vehicle charging stations are subject to the village’s light emitting diode (LED) regulations provided in § 157.0800 of the village code.
      (2)   Safety Regulations.
         (a)   Public electric vehicle supply equipment (ESVE) must utilize retractable cords to prevent trip hazards and reduce clutter.
         (b)   ESVEs mounted on pedestals must be designed and located so as not to impede pedestrian travel or create trip hazards on sidewalks.
         (c)   EVCS must be protected by bollards, structures, and/or curbs if located directly in a public parking lot.
      (3)   The Village of Lindenhurst is not liable or responsible for the failure to properly operate an EVCS or for any damage caused by an EVCS.
      (4)   Site Appearance. EVCS structures and ESVE, whether located on private or public property, must be installed with consideration for design elements, materials, and colors that are in harmony with existing buildings and their surroundings.
      (5)   Screening; Landscaping. If locations where ESVE and electric vehicle charging infrastructure must be screened from public view with materials that are in harmony with existing buildings and grounds, such as fences, walls, enclosures, or landscaping. Whenever possible, natural landscaping must be used for screening.
(Ord. 17-2-2065, passed 2-27-2017; amd. Ord. 21-1-2180, passed 1-11-2021; Am. Ord. 2025-2- 2310, passed 2-24-2025)

§ 159-6.201 TEMPORARY USES AUTHORIZED.

   (A)   Authorization: Subject to the limitations of this section and the temporary use permit requirements of § 159-2.305 of this chapter, temporary uses are permitted in the specified zoning districts.
   (B)   Definition: A temporary use is as defined in § 159-9.200 of this chapter.
(Ord. 17-2-2065, passed 2-27-2017)

§ 159-6.202 DETAILED STANDARDS FOR TEMPORARY USES.

   (A)   Amusement Parks: The following standards apply to all temporary amusement parks.
      (1)   All temporary amusement parks must be located contiguous to an arterial or collector street.
      (2)   All parking must be on site except if allowed by special permission of the Village Board.
      (3)   All trash and debris must be removed or contained daily.
      (4)   Written consent from the owner, or authorized agent, of the property must be provided if required by the Zoning Administrator.
      (5)   All signage must comply with the sign regulations set forth in the Village sign regulations.
      (6)   All materials and equipment must be removed within 2 days of the end of the operation.
   (B)   Christmas Sales Lot: Christmas sales lots are allowed in nonresidential areas, subject to the following specific standards.
      (1)   Material for sale (such as trees, pumpkins, etc.) shall not be located in any right-of-way.
      (2)   All parking must be on site.
      (3)   The location of materials for sale on the property may not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
      (4)   Sales must be limited to between the hours of 7:00 a.m. and 9:00 p.m.
      (5)   All trash and debris must be removed or contained daily.
      (6)   Written consent from the owner, or authorized agent, of the property must be provided if required by the Zoning Administrator.
      (7)   All signage must comply with the sign regulations set forth in the Village sign regulations.
      (8)   All materials must be removed within 7 days of the end of the operation.
   (C)   Construction Trailers As Temporary Offices:
      (1)   A licensed contractor engaged in a construction project may temporarily use a construction trailer for office facilities in the location where the work is being done, provided the construction trailer may not be placed on the streets but only on the property on which the Village authorizes the construction. The construction trailer must be removed within 30 days after completion of the construction work.
      (2)   A zoning permit may be issued by the Zoning Administrator for a 1 year period for the use of mobile homes, or modular homes, as temporary offices while business properties are being constructed or remodeled, provided they are placed upon the property for which there is a building permit issued by the building inspector for the remodeling. The permit will be for a period of 1 year or until the new construction or remodeling is completed, whichever is the shorter period. The zoning permit may not be renewed after the expiration of the 1 year period.
   (D)   Dumpsters For Trash And Garbage Required For Construction Sites: No building permit may be issued to construct any building in any zoning district or for any other construction as required by the building inspector or Zoning Administrator, unless the applicant shows to the satisfaction of the building inspector that the applicant will provide and maintain on each construction site a dumpster with a minimum capacity of 10 yards. The dumpster must be packed in such a way so as to eliminate the possibility of its contents from blowing about the construction site or onto neighboring properties. The dumpster must be placed on the property prior to commencing of the framing of the new structure. A fenced area for the temporary storage of recyclable materials may be provided on site.
   (E)   Model Homes, Model Dwelling Units, And Preconstruction Sales Offices: Model homes, model dwelling units, and preconstruction sales offices are subject to the following restrictions.
      (1)   The model dwelling unit must meet all district requirements for lot and yard dimensions.
      (2)   Signs may not be illuminated after 9:00 p.m.
      (3)   The model dwelling unit may not be used for any business activity before 9:00 a.m. nor later than 9:00 p.m.
      (4)   All exterior lighting must be "downlighting", so that absolutely no light is cast onto adjoining residential properties. All off street parking areas must be illuminated. All exterior lighting must be extinguished at the closing time of the model home. Also see § 159-7.800 of this chapter for compliance with the maximum permitted levels of illumination.
      (5)   All model homes must provide off street, paved parking for the public in a location approved by the Village. The number of required off street parking spaces is 6 per model home. The driveway of the model home may be utilized for not more than 2 of the required spaces.
      (6)   Landscape drawings are required and show adequate landscaping and screening from adjoining residential lots, together with the clear marking of the boundaries of the model home lot. Trash receptacles must be provided around the model home for use by the public.
      (7)   The construction of all model homes must be approved by the building inspector. Certificates of occupancy will not be issued until after the electric power, gas, water, sanitary sewer, and abutting bituminous concrete surfaced street have been installed and dedicated to the Village and provided with a hard surface.
      (8)   The use of model homes within a residential subdivision, or within any single phase of a multiphase subdivision, must terminate when building permits have been issued for 90% of the lots therein.
      (9)   In those zoning districts where multi-family dwelling uses are permitted, a temporary structure may be used as a preconstruction sales office for the purpose of displaying a typical dwelling unit arrangement, subject to restrictions set forth in divisions (E)(1) through (E)(8) of this section as well as the following:
         (a)   The structure is limited to 2 stories in height.
         (b)   The structure must be appropriately landscaped.
         (c)   The structure is subject to the same front yard requirements as the principal structure to be erected and must otherwise be subject to all yard requirements for the district in which located.
         (d)   Adequate off street parking facilities (a minimum of 6 spaces) and access driveways must be developed within those locations approved for such facilities in conjunction with the permanent multiple-family structure, and no additional parking areas or access driveways shall be permitted.
         (e)   Signs must comply with the sign regulations set forth for the use within the district and in compliance with this chapter.
         (f)   The structure must comply fully with all existing building codes and ordinances of the Village.
         (g)   The structure must be completely and totally removed within 6 months from the date of the issuance of a building permit or upon the completion of the permanent residential dwelling structure whichever date is later.
         (h)   In the event that the structure is not removed or demolished by the owner or other parties in interest within the terms of this section, the Village to the extent permitted by law, acting through its building inspector, is authorized to vacate, demolish, or remove, either with force or by independent contractor submitting the lowest and best bid, any such building or structure. The Village will assess the entire costs of the vacation, demolition, or removal against the owner or other parties in interest.
(Ord. 17-2-2065, passed 2-27-2017)

§ 159-6.301 COMPLIANCE IN ALL ZONING DISTRICTS.

All uses in all zoning districts must operate in such a manner as to comply with the hazard abatement performance standards set forth in this § 159-6.300 as well as all applicable State and Federal regulations unless otherwise specified. A certification of compliance with performance standards by a competent expert or governmental authority charged with the standard or regulation may be required for commercial and industrial uses prior to the issuance of any building permit.
(Ord. 17-2-2065, passed 2-27-2017)

§ 159-6.302 SPECIFIC STANDARDS.

   (A)   Air Pollution, Contaminants And Smoke: No person or activity may emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities so as to substantially contribute to exceeding the established requirements of the Village of Lindenhurst, Lake County, State of Illinois, or Federal Air Pollution Standards set forth by the U.S. Environmental Protection Agency. In case of conflict, the most restrictive requirements will govern.
   (B)   Toxic And Noxious Matter: The ambient air quality standards of the State of Illinois and the U.S. Environmental Protection Agency, or any other Federal agency having jurisdiction limits the release of airborne toxic and noxious materials. In case of conflict, the most restrictive requirements will govern. No use on any property may discharge across the boundaries of the property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to other property or business.
   (C)   Fire And Explosive Hazards: Materials that present potential fire and explosive hazards must be transported, stored, and used only in conformance with all applicable Federal, State, and local laws.
   (D)   Glare And Heat: No glare or heat from any operations of any use in any district may be detectable at any point off the zoning lot on which the use is located.
   (E)   Water Quality Protection: No activity may locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life. No activity may withdraw or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards set forth in this section, and those other standards and the application of those standards set forth under State of Illinois laws as amended.
   (F)   Noise: All noise from operations of any use in any district may comply with limitations on noise and noise pollution standards established by the State of Illinois, except for ordinary vehicular noise and sirens, whistles and bells maintained and utilized solely to serve a public purpose.
   (G)   Odor: The emission of odorous matter from any property in such concentrations at any point along the boundaries of the property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.
   (H)   Vibration: No earthborne vibration from any operations of any use in any district may be detectable at any point off the zoning lot on which the use is located.
   (I)   Electromagnetic Interference: Electromagnetic interference from any operation of any use in any district may not adversely affect the operation of any equipment located off the zoning lot on which interference originates.
   (J)   Special Hazards: Hazardous, toxic, and radioactive materials may be transported, stored, and used only in conformance with all applicable Federal, State, and local laws.
   (K)   Additional Restrictions: In addition to the performance standards specified in this section, the dissemination of noise, vibration, particulate matter, odor, toxic substances, smoke, fire, or explosive materials in either such manner or quantity as to be determined to endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and is unlawful.
(Ord. 17-2-2065, passed 2-27-2017)