(A)

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity, and general welfare.

(B)

There the conditions imposed by any provision of this ordinance, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(C)

Although the district requirements are expressed in very specific terms, in most instances reasonable flexibility is offered through such devices as conditional uses, planned developments, floor area ratio, and variations. A principal objective of this Chapter is the encouragement of appropriate innovation.

(D)

This Chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this ordinance are more restrictive, or impose higher standards or requirements than such easements or other private agreements, the requirements of this Chapter shall govern.

(E)

All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alteration or relocation of existing buildings occurring hereafter shall be subject to all regulations of this Chapter which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

It is hereby declared to be the intention of the Village Board of Trustees that the several provisions of this Chapter are separable, in accordance with the following:

(A)

If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment.

(B)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provisions to any other property, building, or structure not specifically included in said judgment.

Provisions governing the applicability of this amended ordinance as relates to the previously applicable zoning ordinance are established as set forth below.

(A)

Existing unlawful uses and structures. A structure or use not lawfully existing at the time of the adoption of this Chapter is hereby deemed lawful as of the effective date of this Chapter provided that it conforms with all of the requirements of this Chapter. However, if such structure or use does not conform with all of the requirements of this Chapter, such structure or use remains unlawful hereunder.

(B)

Existing permitted uses. If a use which was classified as permitted prior to the effective date of this Chapter is classified as a conditional use by this Chapter, such use is hereby deemed a lawful conditional use for the purposes of this Chapter.

(C)

Existing conditional uses.

(1)

A conditional use approved prior to the effective date of this Chapter shall be considered a legal conforming use if it is classified as a permitted use by this Chapter.

(2)

A conditional use approved prior to the effective date of this Chapter shall be considered a legal nonconforming use if it is not classified as a conditional or permitted use by this Chapter. Such use shall be subject to the applicable nonconforming use provisions of Article IV of this Chapter.

(3)

If the approval of a conditional use was subject to one or more conditions, those conditions shall continue in full force and effect unless a new conditional use approval is obtained in accordance with subsection 155.103(F) of this Chapter.

(D)

Uses rendered nonconforming. When a lot is used for a purpose which was a lawful use before the effective date of this Chapter, or any amendment thereto, but such use is no longer classified as either a permitted use or conditional use in the zoning district in which it is located, such use is hereby deemed a nonconforming use and shall be controlled by the provisions of Article IV of this Chapter.

(E)

Buildings, structures and lots rendered nonconforming. Where any building, structure or lot which existed on the effective date of this Chapter does not meet all standards set forth in this Chapter, or any amendment thereto, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of Article IV of this Chapter.

(F)

Previously issued building permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of this Chapter, and when construction has begun within six months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended, subject to the provisions of Article IV, nonconforming buildings, structures, and uses.

(G)

Previously granted variations. All variations granted prior to the effective date of this Chapter shall remain in full force and effect.

(Ord. No. 7826, § 1, passed 6-18-20)

(A)

Uses in residential districts. Where a lot in a residential district is to be occupied for a permitted use without buildings, a landscaped area shall be maintained along the front, side and rear lot lines. The width of this landscaped area shall be 15 feet, or equal to the yard requirements of the zoning district, whichever is greater.

(B)

Uses in non-residential districts. Where a lot in a non-residential district is to be occupied for a permitted use without buildings such as open sale lots or outdoor storage where permitted, a landscaped area shall be maintained along the front and side lot lines. The width of this landscaped area shall be ten feet, or equal to the yard requirements of the zoning district, whichever is greater.

(A)

Fences and walls.

(1)

Fences or walls in residential districts.

(a)

Fence or wall materials. Fences or walls in residential districts shall not include the use of barbed wire or other material intended to maintain security by means of bodily injury. Electrified fences shall not be permitted in residential districts. Materials for fences or walls in the clear line of sight area shall meet the requirements of subsection 155.205(A)(1)(e) of this Chapter.

(b)

Permitted locations. Fences or walls may be erected, placed, or maintained along a lot line or within a required yard on a residentially zoned property, except as otherwise restricted by subsection 155.205(A)(1)(e) of this Chapter. Fences or walls may be erected in public utility easements and drainage easements, except that fences or walls erected in said easements shall not impede drainage flow.

(c)

Permitted height.

(i)

Fences or walls in any residential district shall not exceed six feet in height, except that where a lot in a residential district abuts railroad right-of-way or property(ies) in a business, office, or industrial district, the height of the fence or wall along the property line adjoining such railroad right-of-way or business, office, or industrial district on the residential lot may reach, but not exceed, eight feet in height.

(ii)

Fences or walls in required front yards shall not exceed four feet in height. Fences in required front yards shall not be constructed of chain link (with or without slats).

(iii)

Wherever the rear yard of a lot abuts the front yard of an adjacent lot, the maximum height for any fence or wall within the required rear yard shall be four feet.

(iv)

On a through lot within the R0, R1 or R2 Single-Family Residence District that takes driveway access from the same right-of-way as both adjacent properties, the lot line opposite the access right-of-way shall be treated as a rear lot line and allowed a maximum fence height of six feet. This provision shall not apply if either of the adjacent properties takes driveway access from a right-of-way other than that accessed by the subject property.

(v)

Maximum height, as prescribed by this section, shall be permitted to vary by up to three inches to allow for grade changes; clearance under fences for maintenance, footers or other obstacles customary to the use intended to be fenced; or reasonable human error. Fence posts or decorative finials may not cause the fence to exceed the maximum height limitation by more than three inches.

(d)

Fence installation. When fences are located in the required front yard or corner side yard, the finished or decorative side of the fence shall face the adjacent property(ies) or street.

(e)

Fences or walls in the clear line of sight area. No fences or walls more than two feet in height shall be located within the clear line of sight area, as defined in § 155.802 of this Chapter, unless it meets all of the following criteria:

(i)

Fences or walls are of open construction, such as chain link without slats, wrought iron, cyclone, picket, or split rail fences.

(ii)

Fences or walls are not of solid construction, such as board on board, solid wood, brick, concrete, or chain link with slats.

(iii)

Deciduous trees around or adjacent to the fence are free of foliage and branches from ground level to eight feet above ground level. All other plant materials which are around, adjacent to, or through the fence are no greater than two feet in height.

(iv)

Supporting members are no great than six inches in width.

(v)

Fences adjacent to private residential driveways that intersect with an alley shall be permitted to be of solid construction.

(2)

Fences or walls in business and office districts.

(a)

Fence or wall materials. The use of barbed wire shall be permitted only around approved outside storage areas and only at a height greater than six feet and less than eight feet above the ground. No electrified fences shall be permitted. Materials for fences or walls in the clear line of sight area shall meet the requirements of subsection 155.205(A)(2)(e) of this Chapter.

(b)

Permitted location. Fences or walls may be erected, placed, or maintained along a lot line or within a required yard in business or office district, except as otherwise restricted by subsection 155.205(A)(2)(e) of this Chapter. Fences or walls may be erected in public utility easements and drainage easements, except that fences or walls erected in said easements shall not impede drainage flow.

(c)

Permitted height.

(i)

No fence or wall shall be erected, placed, or maintained to a height exceeding eight feet in any business or office district.

(ii)

Fences or walls in the required front or corner side yard shall not exceed four feet in height.

(iii)

Wherever the rear yard of a lot abuts the front yard of an adjacent lot, the maximum height for any fence or wall shall be four feet.

(d)

Fence installation. When fences are located in the required front yard or corner side yard, the finished or decorative side of the fence shall face the adjacent property(ies) or street.

(e)

Fences or walls in the clear line of sight area. No fences or walls more than two feet in height shall be located within the clear line of sign area, as defined in § 155.802 of this Chapter, unless it meets all of the following criteria:

(i)

Fences or walls are of open construction, such as chain link without slats, wrought iron, cyclone, picket, or split rail fences.

(ii)

Fences or walls are not of solid construction, such as board on board, solid wood, brick, concrete, or chain link with slats.

(iii)

Deciduous trees around or adjacent to the fence are free of foliage and branches from ground level to eight feet above ground level. All other plant materials which are around, adjacent to, or through the fence are no greater than two feet in height.

(iv)

Supporting members are no greater than six inches in width.

(f)

Fences or walls in the B5 District. In addition to the provisions listed in subsection 155.205(A)(2) above, all fences and walls located within the B5 District shall meet the following additional provisions:

(i)

Fence or wall materials. All fences in the B5 District shall be constructed of the following materials:

a.

Open fences. Aluminum, wrought iron, cast iron, welded steel, wood or PVC; pillars may be constructed of masonry materials.

b.

Solid fences. Brick, masonry, pre-cast materials, wood or PVC with the decorative side facing the exterior of the property in which it is located.

c.

Chain link fencing shall only be permitted for construction fencing purposes, as required by Chapter 150 of the Village Code.

d.

Landscape hedgerows shall be permitted within the B5 District.

e.

Barbed wire or razor wire is expressly prohibited.

(ii)

Permitted location. Fences or walls may be erected, placed, or maintained along a lot line or within the property. Walls or fencing of parking spaces within parking lots shall only be permissible if said spaces were granted a conditional use, as set forth within subsection 155.418(C)(14) or (15) of the zoning ordinance.

(iii)

Permitted height. No fence or wall shall be erected, placed, or maintained to a height exceeding six feet in the B5 District.

(3)

Fences or walls in industrial districts.

(a)

Fence or wall materials. The use of barbed wire shall be permitted only around approved outside storage areas and only at a height greater than eight feet and less than ten feet above the ground. No electrified fences or walls shall be permitted. Materials for fences or walls in the clear line of sight area shall meet the requirements of subsection 155.205(A)(3)(e) of the Chapter.

(b)

Permitted location. Fences or walls may be erected, placed, or maintained along a lot line or within a required yard in the industrial district, except as otherwise restricted by subsection 155.205(A)(3)(e) of this Chapter. Fences or walls may be erected in public utility easements and drainage easements, except that fences or walls erected in said easements shall not impede drainage flow.

(c)

Permitted height.

(i)

No fence or wall shall be erected, placed, or maintained, to a height exceeding ten feet.

(ii)

Fences or walls in a required front or corner side yard shall not exceed four feet in height.

(iii)

Wherever a rear yard of a lot abuts the front yard of an adjacent lot, the maximum height for any fence, wall, or hedge shall be four feet.

(d)

Fence installation. When fences are located in the required front yard or corner side yard, the finished or decorative side of the fence shall face the adjacent property(ies) or street.

(e)

Fences or walls in the clear line of sight area. No fences or walls more than two feet in height shall be located within the clear line of sight area, as defined in § 155.802 of this Chapter, unless it meets all of the following criteria:

(i)

Fences or walls are of open construction, such as chain link without slats, wrought iron, cyclone, picket, or split rail fences.

(ii)

Fences or walls are not of solid construction, such as board on board, solid wood, brick, concrete, or chain link with slats.

(iii)

Deciduous trees around or adjacent to the fence are free of foliage and branches from ground level to eight feet above ground level. All other plant materials which are around, adjacent to, or through the fence are no greater than two feet in height.

(iv)

Supporting members are no greater than six inches in width.

(4)

Fences or walls in the CR Conservation/Recreation District.

(a)

Fence or wall materials. Fences or walls in the CR Conservation/Recreation District shall not include the use of barbed wire or other material intended to maintain security by means of bodily injury. Electrified fences shall not be permitted in the CR Conservation/Recreation District. Materials for fences or walls in the clear line of sight area shall meet the requirements of subsection 155.205(A)(4)(e) of this Chapter.

(b)

Permitted location. Fences or walls may be erected, placed, or maintained along a lot line or within a required yard in the CR District, except as otherwise restricted by subsection 155.205(A)(4)(e) of this Chapter. Fences or walls may be erected in public utility easements and drainage easements, except that fences or walls erected in said easements shall not impede drainage flow.

(c)

Permitted height.

(i)

Fences or walls within 30 feet of an improved public right-of-way shall not exceed four feet in height.

(ii)

Fences or walls within 30 feet of a property line, other than property lines shared by an improved public right-of-way, shall not exceed six feet in height.

(d)

Fence installation. When fences are located in the required front yard or corner side yard, the finished or decorative side of the fence shall face the adjacent property(ies) or street.

(e)

Fences or walls in the clear line of sight area. No fences or walls more than two feet in height shall be located within the clear line of sight area, as defined in § 155.802 of this Chapter, unless it meets all of the following criteria:

(i)

Fences or walls are of open construction, such as chain link without slats, wrought iron, cyclone, picket, or split rail fences.

(ii)

Fences or walls are not of solid construction, such as board on board, solid wood, brick, concrete, or chain link with slats.

(iii)

Deciduous trees around or adjacent to the fence are free of foliage and branches from ground level to eight feet above ground level. All other plant materials which are around, adjacent to, or through the fence are no greater than two feet in height.

(iv)

Supporting members are no greater than six inches in width.

(5)

Application for permits. Effective March 17, 2000, permits for the erection, relocation, or placement of fence or wall shall be required. Application for a fence or wall permit shall be made to the Director of Economic Development and Planning upon a form provided by the Director of Economic Development and Planning and the permit application shall include the following information:

(a)

Property owner's name, address, and phone number;

(b)

The name, address, and phone number of the installer of the fence or wall;

(c)

Address of the property on which the fence or wall is being located;

(d)

Plat of survey for the property, showing all site improvements including driveways;

(e)

Type of fence or wall (e.g. wood, brick, wrought iron, chain link, etc.);

(f)

Site plan showing the location of fence or wall on the property and in relation to all adjacent properties and driveways;

(g)

Height(s) of fence or walls; and

(h)

Such other information as may be required by the Director of Economic Development and Planning to show full compliance with this and other applicable ordinances of the village.

(6)

Permit issuance.

(a)

Review of applications. It shall be the duty of the Director of Economic Development and Planning and Director of Building, upon the filing of an application for a fence or wall permit, to examine such plans and specifications and other data related to the proposed erection or placement of the fence or wall. It appears that the proposed fence or wall is in compliance with all the requirements of this Chapter, the permit shall then be issued.

(b)

Denial and revocation of permit. When a permit is denied by the Director of Economic Development and Planning and/or Director of Building, a written notice shall be given to the applicant along with a brief statement of the reasons for denial. The Director of Economic Development and Planning and/or Director of Building may revoke or suspend a permit for any false statement or misrepresentation.

(7)

Permit fees. Every application, before being granted a fence or wall permit under this Chapter, shall be subject to a fee, as is established in § 150.141 of the Code of Ordinances.

(B)

Hedges.

(1)

Permitted locations. Hedges may be placed or maintained along a lot line or within a required yard in any zoning district, except as otherwise restricted by subsection 155.205(B)(3).

(2)

Permitted height. The maximum allowed height for a hedge shall be the same maximum allowed height for a fence or wall in the zoning district in which said hedges are located, except as otherwise restricted by subsection 155.205(B)(3).

(3)

Hedges in the clear line of sight area. Hedges in the clear line of sight area as defined in § 155.802 of this Chapter shall not exceed two feet in height.

(Ord. 4698, passed 9-2-99, Ord. 4933, passed 2-15-01; Ord. 5653, passed 6-2-05; Ord. 6360, passed 8-20-09; Ord. 6539, passed 10-21-10; Ord. 6569, passed 1-20-11; Ord. 6736, passed 6-21-12; Ord. 6853, passed 8-15-13; Ord. No. 6910, § 1, passed 1-16-14; Ord. No. 7172, § 1, passed 1-21-16; Ord. No. 7579, §§ 2, 3, passed 9-20-18; Ord. No. 7927, § 1, passed 3-4-21; Ord. No. 8024, § 1, passed 1-20-22; Ord. No. 8148, § 1, passed 4-20-23; Ord. No. 8347, § 1, passed 3-20-25)

(A)

General requirements.

(1)

Compliance with open space provisions. Property on which antenna towers, dishes and personal wireless service facilities, and all related equipment and structures is located shall comply with the open space regulations of the underlying zoning district.

(2)

Non-compliance with requirements of this section. Antenna towers, dishes and personal wireless service facilities which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. However, all antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified herein and contained in the Lombard Building Code.

(3)

Monopole towers required. No antenna tower constructed in the village may be of a windmill (or open lattice) type design or construction. All towers shall be of a monopole design.

(4)

Number permitted.

(a)

A one or two story building is allowed either one roof-mounted antenna tower, dish, or personal wireless service facility, or one ground-mounted dish.

(b)

A three or four story building is allowed one ground mounted antenna tower, dish, or personal wireless service facility, as well as four roof-mounted antenna towers, dishes, or personal wireless service facilities.

(c)

Buildings of five or more stories are allowed one ground-mounted antenna tower, dish, or personal wireless service facility, as well as unlimited roof-mounted antenna towers, dishes, or personal wireless service facilities.

(5)

Additional use permitted on lot. A different existing use or structure on the same lot shall not preclude the installation of antenna towers, dishes or personal wireless service facilities on such lot. For purposes of determining whether the installation of antenna towers, dishes or personal wireless service facilities comply with district bulk regulations, including but not limited to, setback and lot requirements, the dimensions of the entire zoning lot shall control, even though the antenna towers, dishes or personal wireless service facilities may be located on leased property within such zoning lot(s).

(6)

Screening. The base of all ground mounted antenna towers, dishes and personal wireless service facilities, shall be screened by a fence and landscaping, or other means as determined appropriate by the Director of Economic Development and Planning. Landscaping shall be designed to screen not only the antenna tower, dish, or personal wireless service facility, but also any associated structures or equipment.

(7)

Measuring height of ground mounted antenna towers, dishes or personal wireless service facilities. Except where otherwise specified, the measurement of the height of ground mounted antenna towers, dishes and personal wireless service facilities above grade shall include antenna, tower, base pad, and other apparatuses and shall be measured from the established grade.

(8)

Lighting. No signals or lights or illumination shall be permitted on antenna towers, dishes or personal wireless service facilities unless required by the Federal Communications Commission, the Federal Aviation Administration or the village.

(9)

Signage. No commercial advertising shall be allowed on any antenna towers, dishes or personal wireless service facilities.

(10)

Compatibility of appearance. Ground mounted antenna towers, dishes, and personal wireless service facilities shall be neutral in color; and, to the extent possible, compatible in appearance and character with the surrounding neighborhood. Roof-mounted antenna towers, dishes, or personal wireless service facilities, and their accompanying support structures; shall be neutral in color or of a color and material which matches the exterior of the building or structure on which they are mounted. Dish antennas greater than two feet in diameter, when mounted on a building or rooftop shall be located or screened so as not to be visible from the adjacent properties and/or right-of-way.

(11)

Abandonment. In the event the use of any antenna tower, dish or personal wireless service facility has been discontinued for a period of 180 consecutive days, the antenna tower, dish or personal wireless service facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Director of Economic Development and Planning who shall have the right to request documentation and/or affidavits from the antenna tower, dish or personal wireless service facility's owner/operator regarding the issue of the personal wireless service facilities' use. Upon written notice of such abandonment by the Director of Economic Development and Planning, the owner/operator of the antenna tower, dish or personal wireless service facility shall have an additional 90 days within which to:

(a)

Activate the use of the facilities or transfer the facilities to another owner/operator who makes actual use of the facilities, or

(b)

Dismantle and remove the facilities, at full cost and expense to the owner(s).

At the earlier date of either 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any conditional use and/or variance approval for the antenna tower, dish and personal wireless service facility shall automatically expire.

(12)

Conflicts. Where conflicts exist between this section and the remainder of the zoning ordinance, the provisions of this section shall govern.

(13)

Exemption. Personal wireless service facilities located on property owned, leased or otherwise controlled by the village shall be exempt from the requirements of this section provided a lease or license authorizing such personal wireless service facilities has been approved by the Village Board.

(14)

Federal requirements. All personal wireless service facilities must meet or exceed the current standards and regulations of the Federal Aviation Administration, Federal Communications Commission and any other agency of the federal government with the authority to regulate personal wireless service facilities. If such standards and regulations are changed, then the owner(s) of the personal wireless service facilities governed by this section shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such facilities into compliance with such revised standards and regulation shall constitute grounds for the removal of the personal wireless service facilities at the owner's expense.

(15)

Equipment. Mobile or immobile equipment not used in direct support of a personal wireless service facility shall not be stored or parked on the site of a personal wireless service facility except in conjunction with repairs being made to such facility.

(16)

Essential services. Personal wireless services facilities as herein defined are not considered a public utility and as such are not an essential service.

(17)

Substantial written evidence of denial. In the course of reviewing any request for any approval required under this section, the Plan Commission and the Village Board, as the case may be, shall act within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.

(B)

Ground mounted antenna towers and dishes.

(1)

Residential districts.

(a)

Location. Ground mounted towers and dishes shall not be located in any required yard, except for rear yards and shall conform with the requirements specified for accessory buildings and structures. No tower or dish, including all appurtenant guide wires, may be located in a required front or side yard. The location and arrangement of all towers and dishes shall be subject to the review and approval of the Director of Economic Development and Planning.

(b)

Height restrictions.

(i)

Ground mounted towers (not associated with a personal wireless service facilities) located in residential zoning districts shall not project higher than 35 feet above the established grade level.

(ii)

Ground mounted dish antennas located in residential zoning districts shall not project higher than 12 feet above the established grade level.

(c)

Dish antenna size.

(i)

Ground mounted dish antennas located in residential zoning districts shall not exceed ten feet in diameter.

(2)

Non-residential districts.

(a)

Location.

(i)

Ground mounted antenna towers and dishes shall not be located in any required yard, except for rear yards. There shall be no requirements for separation of a ground-mounted antenna tower or dish from other structures; however, buildings associated with ground-mounted antenna towers and dishes shall conform with the requirements specified for accessory buildings and structures. No antenna tower or dish, including all appurtenant guide wires, may be located in a required front or side yard. The location and arrangement of all antenna towers and dishes shall be subject to the review and approval of the Director of Economic Development and Planning.

(ii)

Ground-mounted personal wireless service facility towers shall be allowed only in the I Limited Industrial District. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Director of Economic Development and Planning that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antennas may consist of any of the following:

a.

No existing tower or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

f.

The applicant's demonstration that there are other limiting factors that render existing towers and structures unsuitable, or unavailable.

(b)

Height restrictions.

(i)

Ground mounted antenna towers located in non-residential zoning districts shall not project higher than 45 feet above the established grade level, except in the I Limited Industrial District the height of a tower shall not exceed 100 feet above the established grade level.

(ii)

Ground mounted dish antennas located in non-residential zoning districts shall not project higher than 15 feet above the established grade level.

(c)

Dish antenna size.

(i)

Ground mounted dish antennas located in non-residential zoning districts shall not exceed 15 feet in diameter.

(ii)

Dish antennas attached to a tower shall not exceed two feet in diameter.

(d)

Setbacks.

(i)

Personal wireless service facility towers shall be set back not less than 105 percent of the height of the tower from the nearest property line. Except where the applicant provides certification from a structural engineer that the tower is designed to limit the area of damage in the event of collapse to the requested setback.

(ii)

Personal wireless service facility towers shall be set back from the nearest property line of any residentially zoned property, such that the angle from the grade at the property line to the top of the tower shall not exceed 56 degrees.

(e)

Separation.

(i)

Personal wireless service facility towers exceeding 45 feet in height shall not be located within 500 feet of an existing tower exceeding 45 feet in height.

(C)

Roof mounted towers and dishes.

(1)

Residential districts.

(a)

Location.

(i)

Subject to structural approval, roof mounted antenna towers and dishes may be located on either the principal or accessory buildings on the zoning lot.

(ii)

Antennas (including, but not limited to, omnidirectional, whip, directional, or panel antennas) associated with personal wireless service facilities shall be allowed only in the R5 General Residence District and R6 Central Residence District.

(b)

Height restrictions.

(i)

Roof mounted antenna towers and dish antennas located in residential zoning districts shall not project higher than ten feet above the maximum height of the structure upon which they are located.

(ii)

Antennas associated with personal wireless service facilities and placed on existing structures shall add not more than 15 feet to the height of the structure.

(c)

Dish antenna size.

(i)

Roof mounted dish antennas located in residential zoning districts shall not exceed ten feet in diameter.

(2)

Non-residential zoning districts.

(a)

Location.

(i)

Subject to structural approval, roof mounted antenna towers and dishes may be located on either the principal or accessory buildings on the zoning lot.

(ii)

Antennas (including, but not limited to, omnidirectional, whip, directional, or panel antennas) associated with personal wireless service facilities shall be allowed only in the B3 Community Shopping District, B4 Corridor Commercial Shopping District, B4A Roosevelt Road Corridor District, B5 Central Business District, B5A Downtown Perimeter District, O Office District, and I Limited Industrial District.

(b)

Height restrictions.

(i)

Roof mounted antenna towers, dishes, or personal wireless service facilities located in non-residential zoning districts shall not project higher than 15 feet above the maximum height of the structure upon which they are located.

(c)

Dish antenna size.

(i)

Roof mounted dish antennas in non-residential zoning districts shall not exceed 15 feet in diameter.

(Ord. 4274, passed 2/20/97; Ord. 4792, passed 4/27/00; Ord. No. 7579, § 11, passed 9-20-18; Ord. No. 8347, § 1, passed 3-20-25)

The following restrictions apply to objects located in the clear line of sight area, as regulated by this Section and as defined within Section 155.802:

A.

Clear Line of Sight Dimensional Provisions.

1.

Intersections of improved public rights-of-way. The clear line of sight area is the area formed by the intersecting, improved rights-of-way lines 30 feet away from the point of intersection.

2.

Intersections of private streets and improved public rights-of-way. The clear line of sight area is the area formed by the intersecting, improved rights-of-way lines 30 feet away from the point of intersection with the edge(s) of pavement of the private street and the intersecting improved rights-of-way.

3.

Intersections of private residential driveways, commercial driveways, and improved rights-of-way. The clear line of sight area is the area formed by the intersection of the edge of pavement of the driveway with the improved rights-of-way line, 20 feet away from the point of intersection.

4.

Intersections of a private multi-directional commercial driveway and improved rights-of-way, when controlled by a stop bar and stop sign. The clear line-of-sight is formed by the intersection of the improved right-of-way and the center line of the driveway, 20 feet away from the point of intersection.

B.

Regulatory Provisions.

1.

In the case of conflicts between the provisions of this section or Section 155.205 and the provisions of Sections 155.701—155.712 regarding landscape requirements, the provisions of this section and Section 155.205 shall govern.

2.

Fences, walls and hedges. Fences, walls and hedges located in the clear line of sight area shall comply with Section 155.205 of this Chapter.

3.

Landscaping. Landscaping in the clear line of sight area shall not exceed two feet in height except deciduous trees which are free of foliage and branches eight feet above ground level may be permitted.

4.

Buildings. Buildings and structures shall not be located in the clear line of sight area, except in the B5 Central Business District.

(Ord. 4698, passed 9-2-99; Ord. No. 8334, § 1, passed 2-20-25)

The provision of more than one principal structure on one lot-of-record shall be permitted only as follows:

(A)

Conservation/Recreation District. More than one principal structure on one lot-of-record is permitted.

(B)

R0, R1 and R2 Districts. More than one principal structure on one lot-of-record is not permitted, except as part of a planned development, pursuant to the provisions of § 155.500 of this Chapter.

(C)

R3, R4, R5, R6, O, B1, B2, B3, B4, B4A, B5, B5A, and I Districts. More than one principal structure on one lot-of-record constitutes a conditional use and may be allowed pursuant to the provisions of subsection 155.103(F) of this Chapter.

(Ord 6103, passed 10/18/07)

Every building hereafter erected shall provide a lot in accordance with the lot size requirement in the district within which it is located. However, in the R0, R1 or R2 Single Family Residence Districts if a lot of record or parcel of land created by an assessment division was established prior to November 19, 1998, the owner may construct a single-family dwelling without need to appear before either the Plan Commission or the Zoning Board of Appeals, provided:

(A)

The lot size and lot width of the lot or parcel in question equals at least 80 percent of that required for lots in the applicable zoning district; and

(B)

The owner of the lot or parcel in question submits a plat of subdivision or consolidation, and request for approval of same, if said lot or parcel is not a single subdivided lot of record.

The provisions of this section shall be limited to lots that abut a dedicated right-of-way.

(Ord. No. 7496, § 1, passed 4-5-18; Ord. No. 7624, § 1, passed 1-17-19)

(A)

General requirements. The following restrictions on accessory buildings, structures and uses apply to all zoning districts.

(1)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(2)

Yard requirements for accessory structures and uses.

(a)

Unless otherwise provided for in this Chapter, no accessory building, structure or use shall be located in a required front, corner side or interior side yard.

(b)

In Single-Family Residential Districts (R0, R1 and R2), all detached accessory buildings shall be located behind the front wall of the principal building that is nearest to the front lot line.

(c)

On a through lot within the R0, R1 or R2 Single-Family Residence District that takes driveway access from the same right-of-way as both adjacent properties, the lot line opposite the access right-of-way shall be treated as a rear lot line for purposes of accessory structure placement. This provision shall not apply if either of the adjacent properties takes driveway access from a right-of-way other than that accessed by the subject property.

(3)

Height of accessory buildings and structures. Unless otherwise provided for in this Chapter, the height of accessory buildings and structures shall meet the following requirements:

(a)

No detached accessory building or structure shall exceed the height of the principal structure or use, and

(b)

The vertical distance measured from the average grade to the highest point on the roof or parapet for any detached accessory building or structure shall be as follows:

i.

For detached garages with hip and gable roofs: 19 feet, provided that the wall height does not exceed ten feet in height, as measured from the grade to soffit.

ii.

For detached garages with all other roof styles, such as mansard, gambrel, or flat roofs: 17 feet.

iii.

For all other accessory buildings or structures: 17 feet.

(c)

The vertical distance of any above ground utility cabinet shall not exceed six feet in height above grade.

(4)

Exceptions to restrictions on accessory structures and uses. A request for relief to the requirements of this section shall be considered a variance and shall comply with subsection 155.103(C) of this Chapter.

(B)

Restrictions in residential districts. The controls over accessory structures and uses described below shall apply only to residential districts.

(1)

Maximum area.

(a)

General requirements. A single accessory building in a residential district shall not occupy more than ten percent of the zoning lot. The combined area of all accessory buildings shall not exceed the total ground floor area of the principal residence.

(b)

Detached garages. In addition to the provisions expressed in subsection 155.210(B)(1)(a) above, no building footprint of a detached garage shall exceed 1,000 square feet in area on a lot within a R0, R1 or R2 Single-Family Residential District.

(2)

Yard requirements.

(a)

General requirements. In all residential districts (R0 through R6), accessory structures shall be set back a minimum of six feet from the rear property line and, if the entire structure is located in the rear 25 percent of the lot, accessory structures shall be set back a minimum of three feet from an interior side property line. If any portion of the accessory structure is not located within the rear 25 percent, then a minimum of six-foot setback from the interior side property line must be maintained.

(b)

Detached garages. In all residential districts (R0 through R6), detached garages shall be set back a minimum of six feet from the rear property line. Detached garages shall be set back a minimum of three feet from the interior side property line and a minimum of 12 feet from the principal structure on any adjoining lot.

(3)

Restrictions on reversed corner lots.

(a)

On a reversed corner lot, within 15 feet of the rear lot line of said reverse corner lot, no accessory building, or portion thereof, shall be located closer to the side lot line abutting the street than the required front yard of the lot abutting the rear lot line of said reverse corner lot.

(b)

In the above instance, no accessory buildings shall be located within six feet of any part of a rear lot line.

(4)

Design standards for detached garages and detached accessory buildings.

(a)

Quonset huts shall be prohibited as detached garages and detached accessory buildings.

(b)

Pre-fabricated metal-sided buildings shall be prohibited as detached garages and detached accessory buildings.

(c)

These design standards shall not apply to sheds as defined in subsection 155.802 and regulated in subsection 155.210(D)(10).

(C)

Restrictions in business and industrial districts.

(1)

Maximum area. No detached accessory building or structure shall occupy more than 30 percent of the area of a required yard.

(2)

Yard requirements. Yard restrictions on accessory uses and structures shall be as follows:

(a)

In the O, B1 and I Districts, no accessory uses or structures shall be permitted in required front, corner side, or interior side yards.

(b)

In the B2, B3, and B4 and B4A Districts accessory uses and structures will be permitted in all required yards subject to the other applicable provisions of this Chapter.

(c)

In the B5 District and B5A District, no accessory use shall be located within 20 feet of the right-of-way of a public street.

(D)

Regulation of specific accessory uses. The regulations which control the location and operation of specific accessory uses are set forth below. Where these regulations conflict with other provisions of this subsection, these regulations shall apply.

(1)

Garbage dumpsters and recycling bins. Garbage dumpsters and recycling bins shall not be permitted in required front and corner side yards. Garbage dumpsters and recycling bins shall be screened in accordance with § 155.710 of this Chapter.

(2)

Accessory commercial uses within multi-family residences. Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within apartment buildings provided that:

(a)

The apartment building must contain 50 or more dwelling units;

(b)

The accessory uses must be accessible to the public only through the lobby of the building; and

(c)

No advertising or display related to the accessory use shall be visible from outside the building.

(3)

Accessory uses within office buildings. Accessory uses located within office buildings in the "O" Office District including cafeterias, restaurants, gift shops, flower shops, snack bars, drug stores, barber shops, beauty parlors, banks, day care centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail uses shall be from within the principal building.

(4)

Truck parking. The unenclosed parking of trucks as an accessory use shall be limited to vehicles not over one and one-half tons capacity when located within 75 feet of a Residence District boundary line. Any parking of trucks on land adjacent to a residential property shall be screened therefrom by a wall, fence, or densely planted compact hedge not less than five nor more than eight feet in height.

(5)

Lawns, plant material and open space. Lawns, plant material and open space used solely for aesthetic purposes shall not be subject to the restrictions in this subsection, but shall be subject to Article VIII, landscape requirements.

(6)

Parking lots and access drives. Parking lots and access drives shall not be subject to the restrictions of this subsection, but shall be subject to Article VIII, landscape requirements.

(7)

Signs. Signs shall not be subject to the restrictions of this subsection, but shall be subject to the sign ordinance of the Village of Lombard.

(8)

Lighting. Lighting (excluding public streets) shall not exceed 0.5 foot candle as measured at the property lines. Parking lot lighting shall be provided to a minimum intensity of 2.0 foot candles during all times that the parking lot is open for general use. In addition, all lighting shall be shaded or inwardly directed so that no direct lighting or glare is cast upon adjacent residential property.

(9)

Garage sales. Garage sales shall be permitted as an accessory use in the R0, R1, R2, and R3 Districts under the following conditions:

(a)

Garage sales shall be limited to the sale of used household or personal articles.

(b)

The host of the garage sale shall reside in the dwelling at which the sale occurs.

(c)

The duration of the sale shall be limited to not more than three consecutive days.

(d)

A garage sale may be open for sales between the hours of 8:00 a.m. and 9:00 p.m. However, display of items for sale may begin at 7:30 a.m., but must be removed prior to 9:30 p.m.

(e)

No more than two garage sales shall be held on any lot of record in any one calendar year.

(f)

No signs advertising the sale shall be displayed except for those permitted under § 153.502 of the Village Code.

(10)

Sheds. Sheds shall be subject to the following provisions:

(a)

The gross floor area of a shed shall not exceed 200 square feet.

(b)

The vertical distance measured from the average grade to the highest point on the roof or parapet for any shed shall not exceed 12 feet.

(c)

Door openings for a shed shall not exceed six feet in width, as measured from the interior of the door frame (otherwise it is deemed to be a garage).

(d)

No more than two unattached sheds shall be allowed on a lot.

(e)

If the structure does not meet the provisions set forth within this subsection, it shall be deemed to be a detached building or a garage, and shall be subject to the conditions set forth within this section as well as Chapter 150.

(E)

Tents.

(1)

General regulations.

(a)

Tents shall observe all accessory yard setback requirements in the districts where located.

(b)

Tents shall be permitted only as an accessory structure on the property.

(c)

Tents shall not be erected on any vacant parcel of land.

(2)

Tents shall be erected, used or maintained on any zoning lot under the following conditions:

(a)

As provided by § 110.40 of the Village Code (temporary event regulations); or

(b)

When located on residentially zoned property and used for events such as private yard parties or for recreational purposes.

(Ord. 5178, passed 8-15-02; Ord. 5552, passed 9-16-04; Ord. 5971, passed 1-4-07; Ord. 6046, passed 6-7-07; Ord 6071, passed 8-9-07; Ord. 6539, passed 10-21-10; Ord. 5028, passed 10-18-01; Ord. 6103, passed 10-18-07; Ord. No. 7998, § 2, passed 11-4-21; Ord. No. 8139, § 1, passed 3-16-23)

(A)

All home occupations shall comply with each and every one of the following standards and requirements:

(1)

The entrepreneur of the home occupation shall reside in the dwelling in which the business operates.

(2)

All home occupation activities conducted at the site of the home occupation shall be conducted within a completely enclosed structure.

(3)

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

(4)

The activity should not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes.

(5)

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

(6)

No more than one vehicle shall be used in connection with a home occupation. The home occupation vehicle must be a type ordinarily used for private passenger transportation, i.e. passenger automobile, or vans and pickup trucks not exceeding a payload capacity of one ton. Further, the home occupation vehicle shall not, pursuant to the Illinois Vehicle Code, require more than a Class B license or be a vehicle included in the definition of a second division vehicle by said code ("Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo, those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division used and registered as school buses.")

(7)

No visitors in conjunction with the home occupation (clients, patrons, pupils, sales persons, etc.) shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.

(8)

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

(9)

There shall be no advertising, signs, display, or other indications of a home occupation in the yard, on the exterior of the dwelling unit or visible from the exterior of the dwelling unit.

(10)

Direct sales and/or rentals of products off display shelves or racks is not permitted, although a person may pick up an order previously made by telephone or at a sales meeting.

(11)

The total area used for the home occupation shall not exceed 250 square feet of the dwelling area.

(12)

No person may be employed on the site in connection with the home occupation who is not an actual resident of the dwelling unit.

(13)

Deliveries from commercial suppliers shall not be made by any vehicle that exceeds a gross weight in pounds for vehicle and maximum load of 20,000 pounds. Deliveries shall not restrict traffic circulation and must occur between 9:00 a.m. and 5:00 p.m. Monday through Friday.

(14)

Visitors in conjunction with the home occupation (clients, pupils, sales staff, etc.) shall not exceed four during any 24-hour period. No more than two visitors may visit at one time.

(15)

No more than one home occupation shall be permitted within any individual dwelling unit.

(Ord. No. 7579, §§ 4, 5, passed 9-20-18)

Yard obstructions of principal and accessory structures and uses shall be allowed as set forth below. Driveways, parking areas and patios shall not, in the aggregate, occupy more than 40 percent of any required front or corner side yard for single-family residential development.

Table 2.1

PERMITTED OBSTRUCTIONS

A.

Open terraces and decks not over three feet above the average level of the adjoining ground, provided that a minimum two-foot side yard setback is maintained.

B.

Open terraces and decks attached to single-family residences not more than one foot above the established top of the foundation height at the front of the residence, provided that a minimum 25 foot rear yard setback is maintained.

C.

Bay windows projecting three feet or less into the yards.

D.

Bay windows, which are not supported by a foundation, are no more than ten feet wide, and project no more than two feet into the yard provided that the bay window does not encroach into any easement area.

E.

The unit shall not further encroach into the requisite yard than the previous unit.

F.

The unit shall not encroach more than ten feet into the requisite yard.

G.

The structure shall not encroach more than two feet into the side yard.

(Ord. 5890, passed 8-17-06; Ord. 6359, passed 8/20/09; Ord. 6523, passed 9/16/10; Ord. 6736, passed 6/21/12; Ord. No. 7568, § 1, passed 9-6-18; Ord. No. 7632, § 1, passed 3-7-19; Ord. No. 8035, § 1, passed 3-3-22; Ord. No. 8164, § 4, passed 6-15-23)

Editor's note— Ord. No. 7632, § 1, adopted March 7, 2019, amended the title of § 155.212 to read as herein set out. Former § 155.212 was titled, "Front yard obstructions."

The land use regulations contained in this Chapter shall be supplemented by the Stormwater and Floodplain Ordinance of the Village of Lombard, as codified in Chapter 151 of the Municipal Code.

(Ord. No. 7504, § 1, passed 4-5-18)

Editor's note— Ord. No. 7504, § 1, passed April 5, 2018, amended § 155.213 in its entirety to read as herein set out. Former § 155.213 pertained to flood control regulations.

The regulations and standards contained within the Village of Lombard sign ordinance, Ordinance 2644, Chapter 153, of the Municipal Code, shall supplement the regulations contained in this Chapter.

The development of air rights above land located in any zoning district and utilized for public or private use, shall be permitted subject to all the requirements of the zoning district within which such development is located. However, plans for all such air rights development shall be considered a conditional use and shall be subject to the provisions of subsection 155.103 (F) of this Chapter.

The Director of Economic Development and Planning may determine zoning compliance for land uses which, though not contained by name in a zoning district lists of permitted or conditional uses, are deemed to be similar in nature and clearly compatible with the listed uses.

All non-listed uses which are approved by the Director of Economic Development and Planning shall be added to the appropriate use list by ordinance at the time of periodic updating and revision.

(Ord. No. 8347, § 1, passed 3-20-25)

Certain public and private activities intended and used to promote the public health, safety and welfare shall be exempt from the regulations of this Chapter. Provided, however, the equipment erected or installed for such uses shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and to those of other authorities having jurisdiction. Exempted activities are as follows:

(A)

Municipal uses and facilities. All municipal uses and facilities, as defined in § 155.800 of this Chapter, reasonably necessary for the furnishing of adequate municipal services for the public health, safety and welfare including sewer and water transmission lines and facilities, fire stations, governmental buildings, trash collection and disposal facilities, communication facilities, storage yards, and traffic signals and signs.

(B)

Private utilities. The erection, construction, alteration, or maintenance by private utilities of overhead, surface or underground gas, electrical, telephone, steam, or water distribution systems including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, and poles used to provide direct service to individual properties shall be exempted. However, larger distribution facilities such as electrical substations, gas regulator stations, pumping stations, satellite communications receiving and transmitting stations and other similar facilities used to relay services to individual customers shall be considered a conditional use in all zoning districts and shall conform to the provisions of subsection 155.103(F) of this Chapter. Private utilities are defined in Article XII of this Chapter.

(C)

Above ground utility cabinets. Above ground utility cabinets on private property shall be permitted in all zoning districts and shall be considered as accessory structures, subject to the provisions of § 155.210. Above ground utility cabinets shall have not exceed six feet in height above grade. Any structure not meeting this provision shall be considered a conditional use and shall conform to the provisions of subsection 155.103(F) of this Chapter. Above ground utility cabinets within the public right-of-way shall be subject to the provisions set forth in Chapter 97 of the Village Code.

(Ord. 6046, passed 6/7/07)

Temporary outdoor events under the requirements of the Lombard Code of Ordinance's Business Regulations, Title 11, § 110.40 et. seq., shall be permitted in all zoning districts.

The purpose of these regulations includes the conserving of the taxable value of land and buildings, and the lessening and avoiding of congestion in the public streets, promotion of the public welfare, and securing and promoting the quiet, seclusion, clean air, and clean surroundings in residential areas. In order to provide for group housing and accomplish these purposes the following group occupancies of family care and group care facilities shall be permitted within any zone where residences occupied by families are permitted, provided that such facilities receive administrative approval from the Director of Economic Development and Planning.

(A)

Administrative approval of permitted use for family care facilities. The Director of Economic Development and Planning shall give administrative approval to family care facilities, as permitted use, provided that the following conditions are present:

(1)

No other family or group care facility is located within 300 feet.

(2)

The operator is licensed or certified by the appropriate state agency.

(3)

The facility has paid professional support staff, provided by a sponsoring agency.

(4)

The facility complies with the zoning regulations for the district in which the site is located.

The Director shall rescind any approval if the above conditions are not met.

(B)

Conditional use approval of group care facilities. Group care facilities are conditional uses in any zoning district where occupancy of a dwelling by a family is permitted and shall be subject to the same procedures and process for considering such conditional uses as all other conditional uses.

Approval of such conditional uses shall be given only when each of the following conditions are present:

(1)

No other family or group care facility is located within 300 feet.

(2)

The proposed use complies with all of the requirements and standards applicable for a conditional use under this Chapter 155.

(3)

The facility complies with the zoning regulations for the district in which the site is located.

The Director of Economic Development and Planning shall grant administrative approval to any group care facility for which a conditional use has been granted and which is operated in conformance with any conditions and stipulations contained in the Conditional Use Ordinance.

(Ord. 5429, passed 2-19-04; Ord. No. 8347, § 1, passed 3-20-25)

The following construction activity shall only occur on a lot of record:

(A)

The construction of a principal structure.

(B)

The construction of an addition to a principal structure which increases the ground floor area of said structure by more than 350 square feet.

(C)

The construction of an accessory structure greater than 800 square feet.

(Ord. 5030, Passed 10-18-01; Ord. 5347, passed 8/21/03; Ord. No. 7624, § 2, passed 1-17-19)

All rooftop mechanical equipment shall be screened in the B1, B2, B3, B4, B4A, B5, B5A, and O districts. Screening shall also be provided in the I district where a property is adjacent to a residential district. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing buildings that results in significant changes in such rooftop equipment and Portland cements as required by the provisions of § 155.303 for nonconforming buildings and structures.

(A)

General requirements. Rooftop mechanical equipment and appurtenances that extend above the roofline of a building shall be screened so as to not be visible when viewed from the far side of the adjacent public right-of-way at a height five feet above grade level.

(B)

Method of screening.

(1)

Equipment must be screened on all sides by solid sight-obscuring screening not less than the height of the equipment being screened. Screening shall not be subject to the maximum building height requirements.

(2)

All screening devices shall be integrated into the architecture of the building through such items as a parapet wall continuous with the walls of the structure, false roofs, or equipment rooms.

(3)

Materials used for screening shall be compatible with the construction type for the underlying zoning district.

(C)

Exceptions.

(1)

Minor features not exceeding one foot in height shall be exempted from this regulation, except that such minor features shall be of a color that minimizes glare and blends in with the rooftop.

(2)

Solar collectors and rain gutters shall not require screening.

(3)

Radio, satellite and television antennas, towers and dishes approved pursuant to § 155.206 are exempt from the requirements of this section where screening would interfere with the effective operation of these antennas.

(4)

A painted appurtenance is exempt from the requirements of this section if the Director of Economic Development and Planning determines that painting will be as effective in minimizing rooftop clutter as a solid structural screen.

(D)

Substitutions. Well-planned, compact, architecturally integrated rooftop equipment may be substituted for screening with the approval of the Director of Economic Development and Planning.

(Ord. 5084, passed 3-21-02; Ord. No. 8347, § 1, passed 3-20-25)

Editor's note— Ord. No. 8175, § 1, passed July 20, 2023, repealed § 155.222 which pertained to attached garage requirements and derived from Ord. 6246, passed October 2, 2008; and Ord. No. 7998, § 3, passed November 4, 2021.

All live entertainment activities shall comply with all of the following standards and requirements:

(A)

The live entertainment activity shall clearly be an accessory use to either a permitted or an approved conditional use.

(B)

The performance area used for the live entertainment shall not exceed 25 percent of the gross floor area of the business.

(C)

All live entertainment activities conducted on site shall be conducted within the confines of the building.

(D)

No toxic, explosive, flammable, or other hazardous materials: as defined by the current Fire Code as adopted by the Village of Lombard Code, Title 15, Chapter 150 shall be used for any live entertainment purposes.

(E)

All live entertainment activities shall fully comply with all other provisions of this Village Code.

(F)

Any business serving alcoholic beverages shall be required to meet the full provisions of Chapter 112 of this Village Code, which regulates alcoholic beverages.

(G)

Each live entertainment applicant shall submit to the village a live entertainment application for review and approval. No live entertainment shall operate prior to the approval of the village.

(Ord. 6356, passed 8/20/09)

All solar panels shall comply with all of the following requirements:

(A)

Roof mounted:

(1)

Single-family dwellings, attached dwellings, two-family dwellings:

(a)

Roof mounted solar panels shall not project more than five feet from the structure upon which they are located.

(2)

All others:

(a)

Roof mounted solar panels shall not project more than ten feet from the structure upon which they are located.

B.

Ground mounted.

Cross reference— See 'Permitted Obstruction Table'

(Ord. 3523, passed 9/16/10)

All small scale wind energy systems shall comply with all of the following requirements:

(A)

Roof mounted: Roof-mounted small scale wind energy systems shall be permitted in all zoning districts as accessory structures, subject to the following regulations:

(1)

Location. Roof mounted small scale wind energy systems shall not project into any requisite yard.

(2)

Size. The maximum rotor diameter of any small scale wind energy system shall not exceed ten feet.

(3)

Number. Each property shall be limited to one roof mounted small scale wind energy system.

(4)

Height. The height of a roof mounted small scale wind energy system shall be measured to the blade extended at its highest point. No roof mounted small wind energy systems shall project higher than ten feet above the maximum allowable roof height of the underlying zoning district.

(5)

Appearance. Roof mounted small scale wind energy systems, and their accompanying support structures; shall be neutral in color or of a color and material which matches the exterior of the building or structure on which they are mounted. No advertising shall be allowed on any roof mounted small scale wind energy systems.

(6)

Lighting. No signals or lights or illumination shall be permitted on roof mounted small scale wind energy systems unless required by the Federal Communications Commission, the Federal Aviation Administration or the village.

(7)

Sound levels. The average sound level from a small scale wind energy system abutting any residential properties shall not exceed 55 dB(A) during daytime hours or 45 dB(A) during nighttime hours, as measured at a height of five feet directly above the adjoining property lines during operation. For properties abutting industrial properties on all sides, the sound level limit is 65 dB(A) and for properties abutting nonresidential properties on all sides, the sound level limit is 60 dB(A) at any time of the day, as measured at a height of five feet directly above the adjoining property lines during operation. These sounds levels can be exceeded during short-term events such as utility outages or severe windstorms.

(Ord. 3523, passed 9/16/10; Ord. No. 7579, § 6, passed 9-20-18)

(A)

Pursuant to the authority granted to the Village by the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), as amended, cultivation centers, craft growers, infuser organizations, processing organizations and transporting organizations, as defined in the Illinois Cannabis Regulation and Tax (410 ILCS 705/1 et seq.), as amended, are prohibited as a permitted or conditional use in all zoning districts; and

(B)

The on-site consumption of cannabis at a Cannabis Dispensing Facility, that exists as a permitted or conditional use within the zoning district in which it is located, is prohibited.

(Ord. No. 7728, § 12, passed 10-3-19)

During periods in which a Gubernatorial Disaster Proclamation is in effect, relative to a viral pandemic, the Village recognizes that special considerations may be required to ensure that the public health, safety and welfare is maintained to the greatest extent possible. As part of that effort, and in order to maximize social distancing measures necessary to address said viral pandemic, the Village has deemed that Day Care Centers and Public and Parochial Elementary, Middle and High Schools shall be classified as temporary permitted land uses in the following zoning districts:

CR—Conservation Recreation District

O—Office District

B1—Limited Neighborhood Shopping District

B2—General Neighborhood Shopping District

B3—Community Shopping District

B4—Corridor Commercial District

B4A—Roosevelt Road Commercial District

B5—Central Business District

B5A—Downtown Perimeter District

For purposes of this Section, the term "temporary" shall be deemed to be for a period of not to exceed one year from the issuance of the Certificate of Occupancy/Zoning Certificate, by the Village, relative to any such use. Should the entity conducting such use seek to maintain the use at the premise beyond the designated temporary period, said entity shall be required to seek the zoning entitlement approvals, normally required for such use at the premises so used, to establish the use as a permanent use at the premises so used. The provisions set forth within this Section do not supersede any other federal, state, county or Village requirements applicable to any such use.

(Ord. No. 7849, § 1, passed 9-3-20)

It shall be unlawful for any person to raise, harbor or keep chickens (hens) on single-family residential lots zoned within the R0, R1, or R2 Districts, unless in compliance with the following regulations, including but not limited to the regulations set forth in Section 90.04:

(1)

A maximum of six hens, and a minimum of two hens, shall only be permitted on properties zoned R0, R1, or R2 Districts; and occupied for single-family residential uses. Chicken coops are allowed as a type of accessory structure.

(2)

All hens shall be kept within a covered enclosure/structure with an attached covered/enclosed outdoor area to prevent hens from encroaching onto neighboring properties. The covered/enclosed outdoor area shall be fenced.

(3)

An outdoor area minimum of four square feet per hen will be required and a maximum of 150 square feet will be permitted for both the covered enclosure/structure and outdoor area.

(4)

The maximum height of a chicken coop shall be eight feet.

(5)

All hens and requisite fence enclosures/structures shall be kept/located in the rear yard or within the buildable area of the lot behind the rear exterior walls of the principal structure.

(6)

All enclosures/structures shall be located a minimum of ten feet from all lot lines.

(7)

The structure shall contain insulated walls and/or an insulated blanket shall cover the structure during the winter months.

(8)

Roosters are prohibited.

(9)

The sale of eggs is prohibited.

(10)

Chicken coops shall not be allowed to be in any part of a home and/or garage.

(Ord. No. 8035, § 2, passed 3-3-22)

(A)

Purpose. The intent of this section is to promote the development of safe, convenient, and cost-effective electric vehicle infrastructure to support the use of electric vehicles, and protect the environment by reducing vehicle emissions.

(B)

Permitted Locations.

(1)

Retail Charging, Accessory Use.

(a)

Level 1 and Level 2 Charging Stations. Level 1 and level 2 charging stations are permitted in every zoning district, when accessory to an approved permitted or conditional use of said district. Charging stations located for single-family and multiple-family dwellings shall be designated for private use only and shall not be designated as a home occupation. Installation of charging stations shall be subject to building permit approval per Illinois 765 ILCS 1085/Electric Vehicle Charging Act, current International Electrical Code, International Building Code and International Fire Code.

(b)

Level 3 (DC Fast) Charging Stations. Level 3 (DC fast) charging stations are permitted only in business, office and industrial zoning districts when accessory to the permitted use. Installation of charging stations shall be subject to building permit approval per Illinois 765 ILCS 1085/Electric Vehicle Charging Act, current International Electrical Code, International Building Code and International Fire Code.

(2)

Retail Charging, Principal Use: If the principal use of a property is the retail charging of electric vehicle batteries, then the use shall be considered fuel center for zoning purposes.

(C)

Station Requirements and Design Criteria.

(1)

Charging Station Parking Space Requirements.

(a)

Minimum Requirements. A charging station space may be included in the calculation for minimum parking spaces that are required pursuant to other Village and state regulations;

(b)

Number. No minimum number of charging station spaces is required.

(2)

Charging Station Space Location and Design Criteria. Where provided, spaces for charging station purposes shall include the following:

(a)

Maintenance. Charging station equipment, bollards and parking spaces shall be maintained in all respects. The property owner of the equipment shall be responsible for the maintenance of the charging station and shall provide warranty and service for the charging stations and infrastructure for the duration of their useful life. A phone number or other contact information shall be provided on the charging station equipment for reporting purposes when the equipment is not functioning or other equipment problems are encountered.

(b)

Accessibility. Where charging station equipment is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the charging station equipment shall be located so as not to interfere with accessibility requirements of the Illinois Accessibility Code or other applicable accessibility standards.

(c)

Lighting. Where charging station equipment is installed, adequate site lighting shall be provided in accordance with Village Code.

(d)

Charging Station Equipment. Charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors a sufficient and safe distance above the ground or pavement surface. Equipment shall be mounted on pedestals, and located as to not impede pedestrian travel or create trip hazards on sidewalks.

(e)

Charging Station Equipment Protection. Adequate charging station equipment protection, such as barrier curbing, concrete filled steel bollards, or similar shall be used.

(f)

Usage Fees. An owner of a charging station may collect a fee for the use of a charging station, in accordance with applicable state and federal regulations. Fees shall be prominently displayed on the charging station.

(g)

Notification. Information on the charging station, identifying voltage and amperage levels and time of use, fees, or safety information shall be displayed.

(h)

Location. Electric vehicle charging station equipment may be located within landscaped areas. When located within a parking lot, electric vehicle charging station equipment shall be centrally located between parking spaces to avoid vehicle conflicts.

(i)

Pavement Marking. Pavement markings shall be in compliance with Section 155.602 of this Code. Pavement markings shall match the color used for all other parking stalls.

(D)

Quantity and Location Requirements.

(1)

Accessible Charging Stations. Any location where electric vehicle charging stations are installed shall be required to have at least one parking space equipped with an accessible charging station. Accessible charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel to and from the building or facility. It is not necessary to designate the accessible charging station exclusively for the use of disabled persons. Accessible charging stations shall be maintained in compliance with the Americans with Disability Acts of 1990, 42 U.S.C. § 12101 and all applicable state and federal laws.

(Ord. No. 8346, § 1, passed 3-20-25)