1.

Airports, landing strips and heliports, private and public.

a.

Site design. Site design shall comply with the requirements of the Federal Aviation Administration, as amended.

b.

Setbacks. Runways, taxiways, and helipads shall be set back a minimum of 2,000 feet from all property lines.

c.

Noise. Written evidence of the documented noise levels for aircrafts to be used (sound pressure level measured at 100-foot intervals from the use at 1 khz) must be provided.

2.

Adult-use cannabis business establishments.

a.

All adult-use cannabis business establishments (craft grower, cultivation center, dispensing, infuser, processing, and transporting organizations) shall not be located within 250 feet of the property line of a property used for residential purposes and shall not be located within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Any adult-use cannabis business establishment may not conduct any sales of distribution of cannabis other than as authorized by the Illinois Cannabis Regulation and Tax Act (P.A. 101-0027) [410 ILCS 705/1-1 et seq.], as it may be amended from time to time, and regulations promulgated thereunder.

c.

All adult-use cannabis business establishments shall be required to provide internal and external video surveillance and a security system that saves footage of the past 24 hours for at least seven days.

d.

All adult-use cannabis business establishments shall apply for a cannabis business establishment zoning permit. The cannabis business establishment zoning permit shall be reviewed administratively. Through the cannabis business establishment zoning permit, the village may require the applicant to install building enhancements, such as lighting or other improvements to ensure the safety of employees and customers and to meet relevant codes and ordinances. The applicant shall provide the following information for the cannabis business establishment zoning permit:

i.

A site plan illustrating site design that includes access points and internal site circulation, site parking, building entrances and the location of the loading area/deliveries.

ii.

A floor plan illustrating all areas of the adult use cannabis business establishment (including bathrooms and storage closets), shared entrances or hallways (where applicable), and the occupant load of the cannabis business establishment.

iii.

Security and video surveillance system details.

iv.

A cannabis business establishment zoning permit application fee in an amount as provided in the village fee schedule. The applicant shall be responsible for any legal fees that may be incurred by the village in reviewing a cannabis business establishment zoning permit, not to exceed $1,500.00.

3.

Bingo and similar games of chance.

a.

Permitted in only religious, charitable, labor, fraternal, youth organization, senior citizen, educational or veterans' organizations, which have been licensed by the State of Illinois Department of Revenue to conduct such games.

b.

Net proceeds from the games must be exclusively devoted to the lawful purpose of the organization permitted to conduct the game. No person may receive any profit for participating in the management or operation of such games, with the exception of the reduction of fees or tuition for educational institutions, consistent with state regulations.

c.

The conduct of any bingo or similar games of chance shall be in accordance with the regulations of the Illinois Pull Tabs and Jar Games Act [230 ILCS 20/1 et seq.], the Illinois Bingo License and Tax Act [230 ILCS 25/1 et seq.], and the Illinois Charitable Games Act [230 ILCS 30/1 et seq.], as may be amended from time to time, and regulations promulgated thereunder. (Ord. No. 08-22, 2-7-22)

4.

Churches and similar religious institutions.

a.

Site design. Where possible, open space areas, including, but not limited to, storm water detention facilities shall be located adjacent to residential property. Parking lots shall be located close to the rights-of-way and away from adjacent residential property.

b.

Outdoor activities. Details for all outdoor activities shall be included in the special use permit application. Outdoor activities shall not be permitted after 8:00 p.m. on lots which are adjacent to residential property.

c.

Traffic control. For churches or religious establishments with over 400 seats, manual traffic control shall be required, at the discretion of the village.

d.

Nursery school/preschool. Details for accessory nursery school or preschool associated with the religious establishment shall be included in the special use permit application.

5.

Community swimming pools.

a.

The swimming pool shall have an area no greater than 5,000 square feet and shall be on a lot with an area of not less than two acres.

b.

Every pool, building, or paved play area shall be no less than 100 feet distant from every abutting property line in any residential district.

c.

Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district.

d.

The sale of refreshments shall be from the principal building.

6.

Concrete/asphalt production, processing facilities.

a.

Environmental impact. Provide an environmental impact statement from a qualified expert in the related field that the use will not negatively affect ground water resources or contaminate the environment and will comply with all federal and state EPA requirements.

b.

Stockpiling location. No materials shall be stockpiled closer than 500 feet from all property lines.

c.

Setbacks. Buildings, structures, storage or repair areas shall be located in conformance with yard requirements of the zoning district.

d.

Air quality. Concrete batch plants shall provide an air filtration system that alleviates air quality issues with the cement used in the processing and complies with all federal and state EPA requirements. A retractable cover system for the stored dry goods to mitigate air quality issues that arise out of wind erosion must be provided.

e.

Screening. All equipment and stored materials shall be screened from view with solid fencing, opaque landscaping, berms, and/or by using natural relief in elevation. In many cases, the height of the fencing or landscaping will not be able to conceal the stock, equipment or materials from view of adjacent properties. Consideration will be given to the type of materials being stored and the impact of the visibility on the adjacent and surrounding property owners.

f.

Access roads. Permanent access roads shall be paved surfaces that are designed to meet applicable industrial standards.

7.

Earth extraction and materials processing.

a.

Environmental impact. Provide an environmental impact statement from a qualified expert in the related field that the use will not negatively affect ground water resources or contaminate the environment and will comply with all federal and state EPA requirements.

b.

Excavation location. Excavation shall not take place within a minimum of 100 feet of any street or boundary line. Where deep quarrying of 30 feet or more is planned, boundary setbacks shall be a minimum of 150 feet and shall conform to state reclamation standards.

c.

Stockpiling location. No processing and stockpiling operations shall be conducted closer than 500 feet of all property lines. All processing operations should be enclosed whenever possible and shall be enclosed whenever the operation is to be in existence for a longer period of time than nine months.

d.

Setbacks. Buildings, structures, storage or repair areas shall be located in conformance with yard requirements of the zoning district.

e.

Access roads. Permanent access roads shall have a surface approved by the village engineer and designed to meet applicable industrial standards. Temporary access roads into and out of the plans shall be comprised of a stone base.

f.

Safety. All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, single or collapse of supporting soil adjacent to an excavation. No extraction operation shall be conducted in a manner so as to lower the water table on surrounding properties.

g.

Final conditions. No excavation, removal, or fill shall be permitted if the finished conditions result in the following:

i.

Serious on-site erosion problems or erosion problems which could extend to neighboring properties;

ii.

Un-drained depressions other than artificial lakes, or drainage problems, which adversely affect neighboring properties.

h.

Groundwater table. No extraction operations shall be conducted in such a manner that the groundwater table of surrounding properties is lowered. This determination is to be made from data secured from testing wells installed, located, operated and maintained by the operator on the perimeter of the excavation site.

i.

Time limit. Special uses for the extraction of earth products shall be issued for a period of time not to exceed ten years. Such approvals are renewable for additional five year periods.

j.

Surety. A corporate surety bond or guarantee letter of credit shall be furnished to the village to assure compliance with an approved reclamation map. The bond or letter of credit shall be in the amount of $100,000.00 or $1,000.00 per acre; whichever is greater, for the completion of operations and the reclamation of the tract.

8.

Fairgrounds, amusements, and theme parks.

a.

Minimum development area. Fairgrounds and amusement/theme parks shall be located on a minimum of five acres

b.

Site design. All permanent buildings or structures must be located at least 100 feet from surrounding residential properties.

c.

Access roads. All points of vehicular access must be from an arterial or major collector street. The access points shall be located to minimize vehicular traffic to and through local streets in residential areas.

d.

Lighting. A lighting plan shall be submitted with the special use permit application. All lighting shall be designed to prevent glare or impacts to any adjacent properties.

e.

Natural features. Wherever possible, the use shall preserve existing natural land features, including, but not limited to, water features and tree stands.

f.

Screening. Fairgrounds and amusement/theme parks shall provide an eight-foot-tall solid screen consisting of a solid wooden fence along the perimeters of the property.

9.

Gas stations and convenience store.

a.

No gasoline station shall commence operations unless it has first provided an environmental impact statement from a qualified expert in the related field, that the use will not negatively affect ground water resources or contaminate the soil.

b.

No gasoline station shall be located within any of the North Park Water District's well-head recharge areas.

10.

Hospitals and inpatient medical facilities.

a.

Minimum development area. Hospitals shall be located on property with a minimum of five acres.

b.

Access roads. Hospitals shall have access to an arterial or major collector street. Traffic shall not travel through neighborhood connector or local streets.

c.

Loading area. A designated drop-off/pick-up area shall be included in front of the building, that is long enough to accommodate a bus and which is exclusive of the required parking lot drive aisles.

d.

Heliport/helipad. If a heliport or helipad is provided as an accessory use to the facility, it shall be located at least 1,000 feet from surrounding residential property. The heliport/helipad shall meet all Federal Aviation Administration guidelines as applicable.

11.

Indoor shooting ranges.

a.

All special use permit applications for an indoor shooting range shall contain the following:

i.

A floor plan, drawn to scale, illustrating the number of firing lanes, dimensions for the firing lanes, identifying the firing positions, size and location of the ammunition storage areas, retail areas, classroom space, utility rooms, and bathrooms.

ii.

Material data sheets demonstrating the type and the thickness of building materials to be used in the firing range for positive protection against direct impact, for all caliber ammunition to be fired in the range.

b.

Indoor shooting ranges shall comply with the following use criteria:

i.

General. Shooting ranges shall be permitted only as indoor facilities. It is required that all shooters must complete an orientation safety program and show a valid firearm owners' identification (FOID) card, before they are allowed to discharge firearms.

ii.

Sound barrier. All shooting ranges shall provide ceiling and in-wall sound barriers to prevent sound from traveling beyond the property lines of the subject property.

iii.

Number of persons discharging a firearm. Only one person shall be allowed to be discharging firearms in each firing lane at one time, with the exception of any tactical firing lanes.

iv.

Tactical firing lanes. Tactical training areas and/or firing lanes shall provide detailed plans for how a tactical training operation will occur, including details on how many people could be discharging a firearm simultaneously in a tactical firing area. Tactical training shall not occur simultaneously with non-tactical training in the same facility unless separated by a substantial barrier.

v.

Other applicable regulations. The shooting range must comply with all applicable local and state laws, rules and regulations regarding the discharge of a firearm.

vi.

Sales of firearms and ammunition. Incidental sales of firearms and ammunition are permitted, provided the applicant meets all applicable federal, state and local regulations.

vii.

Location relative to other uses. At the time the application is submitted, indoor shooting ranges shall not be located immediately adjacent to or within 1,000 feet of places of worship, public or private schools, properties zoned for residential purposes, public parks, day care facilities, or other indoor shooting ranges.

viii.

Inspections. The village and the Winnebago County Sheriff's Department, its agents or employees, have the right to make unannounced inspections for the purpose of determining of the provisions of this section are met.

12.

Landfills and waste transfer stations.

a.

Environmental assessment. Provide an environmental impact statement from a qualified expert in the related field that the use will not negatively affect ground water resources or contaminate the environment and will comply with all federal and state EPA requirements.

b.

Watershed. Landfills and transfer stations shall not be located within any of the North Park Water District's well-head recharge areas.

c.

Statement of need. Provide a written petition to seek a special use approval for landfill that states that the project is necessary to accommodate the solid waste management needs of the area it is intended to serve.

d.

Compatibility criteria. The project shall be located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property.

e.

Plan of operation. Provide a detailed operation plan stating the number of refuse hauling vehicle trips, the vehicle routes, hours of operation, volume of waste to be hauled and other applicable operating criteria as determined by the village engineer.

f.

Government standards. Written evidence shall be provided that standards and requirements for health and safety protection and licensing by jurisdictions other than the village have been met.

g.

Screening. An eight-foot-tall berm with landscaping shall be provided along the perimeters of the property.

h.

Additional mitigation. Additional requirements may be imposed by the village to mitigate the effects of this use on the adjacent properties and the infrastructure.

13.

Massage establishments.

a.

All special use permit applications for shall contain the following:

i.

A floor plan, drawn to scale, illustrating areas where all services and uses will be provided in the building (e.g., massage rooms, etc.).

ii.

Current copies of the licenses as issued by the state department of professional regulation of all licensed massage therapists to be providing massage at the establishment upon opening.

iii.

A signed, notarized statement, acknowledging that the applicant understands the special use criteria (below), and acknowledging that the massage establishment and its employees will comply with village requirements.

b.

Massage establishments shall comply with the following use criteria:

i.

All massage establishments are declared to be public places, and shall not, during business hours, have the doors to the exits and entrances of such establishment locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, that such doors may be closed.

ii.

Persons under 18 years of age are not permitted in massage establishment, unless accompanied by his/her parent or legal guardian.

iii.

Blocking of storefront windows with drapes, blinds or shelving is prohibited.

iv.

No massage establishment shall be kept open for any purpose between the hours of 9:00 p.m. and 8:00 a.m.

v.

Alcohol is not permitted to be served in a massage establishment at any time.

vi.

Upon sale, transfer or relocation of a massage establishment, a previously granted special use permit will lapse.

vii.

Any massage therapists working at the massage establishment must submit a copy of their state license to the community development department.

viii.

The village and the Winnebago County Sherriff's Department, its agents or employees, have the right to make unannounced inspections for the purpose of determining of the provisions of this section are met.

ix.

Massage establishments shall not be located within 1,000 feet of places of worship, public or private schools, properties zoned for residential purposes, public parks, day care facilities, or other massage establishments.

14.

Medical cannabis dispensing facilities.

a.

Not to be located in a house, apartment, or condominium.

b.

Not to be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary school or secondary school or daycare center, daycare home, or part day childcare facility.

15.

Motor vehicle repair, major.

a.

Location of repair. All repairs shall be performed within a completely enclosed building.

b.

Licensed vehicles. All vehicles parked or stored on-site shall display a current license plate with current registration.

c.

Sale of vehicles. The sale of vehicles on-site or the advertising of such sale is prohibited, unless granted a special use permit for motor vehicle sales.

d.

Odors and fumes. The use shall safely and appropriately vent all odors, gas and fumes and shall comply with all applicable federal, state and local regulations. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses.

e.

Parts or junk vehicle storage. Outdoor storage of automotive parts or junk vehicles is prohibited.

f.

Fuel dispensing. Unattended, automated dispensing of gasoline or other engine fuel is prohibited.

g.

No major motor vehicle repair shall be located within any of the North Park Water District's well-head recharge areas.

16.

Noxious uses, not otherwise defined.

a.

Environmental impact. Provide an environmental impact statement from a qualified expert in the related field that the use will not negatively affect ground water resources or contaminate the environment and will comply with all federal and state EPA requirements. Community development staff has the ability to require additional environmental studies, information or reports based upon the nature of the use.

b.

Activity. Location of all activities associated with the use must be maintained indoors in a controlled environment.

c.

Site design. Provide open/green space buffers on all perimeters of the property.

d.

Screening. Provide an eight-foot-tall solid screen consisting of a solid fence along the perimeters of the property.

17.

Nursing homes and convalescent care facilities.

a.

General. Applications for nursing home and convalescent care facilities shall include a description of the proposed use, including the maximum number of residents and the nature of the condition of circumstances for which care, or a planned treatment or training program will be provided, the number of staff and the name of the agency responsible for regulating or sponsoring the use.

b.

Loading area. A drop-off/pick-up area in front of the building that can accommodate three 20-foot-long vehicles and exclusive of the required parking lot drive aisles, shall be provided.

c.

Other applicable regulations. The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application.

18.

Off-street parking, independent.

a.

There must be a need for this parking facility, in the interest of public necessity and convenience.

b.

There must be no other appropriate site available in nearby business or manufacturing districts.

19.

Outdoor storage of materials in industrial districts.

a.

Storage of materials, goods or products outside of completely enclosed buildings, but within completely solid fences.

b.

Fences must be between six feet and 12 feet in height.

20.

Pet daycare facilities.

a.

All animals shall be kept either within completely enclosed structures or fencing at all times.

b.

All structures shall be reasonably soundproofed, and reasonably ventilated.

c.

All animal waste shall be removed promptly and sanitarily, to prevent offensive odors or health risks.

d.

Facilities shall provide no less than 80 square feet of open play/exercise area (either indoor or outdoor), per canine housed at the facility at a single time.

e.

Outdoor play/exercise areas shall not be located on a property that abuts a residentially zoned lot.

f.

All facilities shall be licensed by the Illinois Department of Agriculture, pursuant to the Animal Welfare Act [225 ILCS 605/1 et seq.] for the State of Illinois.

g.

Facilities may offer accessory services, such as retail sales of pet care supplies and animal grooming.

21.

Public utility uses, includes:

a.

Filtration plant, pumping station and water reservoir;

b.

Sewage treatment plants;

c.

Portable signs;

d.

Telephone exchanges;

e.

Electric and gas substations and booster stations;

f.

Other governmental uses.

22.

Recycling facilities.

a.

Materials. Recycling of paper, glass, plastic and metal products is permitted.

b.

Environmental assessment. An environmental impact statement from a qualified expert in the related field shall be provided to the village, attesting that the use will not negatively affect ground water resources or contaminate the soil.

c.

Site design. Recycling facilities shall be designated such that a main drive-aisle is provided through the principal building to allow materials to be brought into the facility and removed from vehicles.

d.

Location. Facilities must be located not less than 100 feet from any residential zoning district and existing residential use. All operations, including storage and collection of materials, shall be conducted within a completely enclosed building.

e.

Outdoor storage. There shall be no outdoor storage of materials processed, used, or generated by the operation.

f.

Plan of operation. A detailed explanation of the facility operation that includes the measures that will be used to mitigate problems associated with noise, fumes, dust, and litter shall be provided to the village.

g.

Maintenance. The facility must perform continual, daily maintenance of the site to immediately collect any stray debris.

23.

Self-storage.

a.

General. No business activity other than the rental of storage units shall be conducted on the premises. The storage of hazardous, toxic or explosive substances, including, but not limited to, hazardous waste, industrial solid waste, medical waste, solid waste, sewage, or used oil is prohibited.

b.

Site layout. Buildings shall be situated such that the doorways or access points are facing away from the yards abutting street rights-of-way.

c.

Hours of operation. Special use permit applications for mini or self-storage shall contain information regarding the hours during which customers will be able to access the facility.

d.

Fencing. A six- to eight-foot-tall solid fence shall be provided along the perimeters of the storage facility abutting adjacent properties (not abutting rights-of-way). Perimeters of the facility abutting rights-of-way shall be fenced with wrought-iron style open fencing to ensure the security of the facility.

e.

Security. Security lighting shall be provided to safely illuminate all areas of the facility.

24.

Sexually oriented uses.

a.

May not be operated within 1,000 feet of the following previously established uses:

i.

A church, synagogue or regular place of worship.

ii.

A public or private elementary or secondary school.

iii.

Any property legally used or zoned for residential purposes.

iv.

A public park.

v.

A daycare facility.

vi.

Another sexually oriented use.

b.

For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or the nearest property line of a church, school, park, residential use of other sexually oriented business, or the nearest boundary of a residential zoning district.

c.

Nothing in this section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state, or federal law, including, but not limited to, obscenity and prostitution.

25.

Temporary uses and structures.

a.

The following uses are permitted contingent with the application and approval of a temporary use or structure permit:

i.

Carnivals or circuses;

ii.

Outdoor festivals or events with multiple vendors or booths;

iii.

Art, craft, book, and produce/farmers markets;

iv.

Outdoor concerts with amplified music with attendance in excess of 50 persons;

v.

Tents used for public assembly, display, or sales;

vi.

Christmas tree sales lots up in excess of 45 days or not removed from the premises prior to December 31;

vii.

Any other uses and structures not otherwise specified, as may be determined by the zoning administrator.

b.

The following uses are exempt from the requirement to apply for and obtain a temporary use or structure permit:

i.

Construction trailers;

ii.

Sidewalk sales;

iii.

Garage and yard sales.

c.

Required application. The village shall require an application for all temporary uses or temporary structures. The application shall require submittal of a site plan, structure or use details, and any other information that may be necessary to review and process a permit.

d.

Permit review and issuance. In issuing a temporary use or structure permit, village staff may attach any conditions to the approval as deemed appropriate and necessary to achieve the purpose of the village zoning code. Any applicant who objects to the conditions may appeal to the planning and economic development committee.

e.

Display of permit. All issued temporary use or structure permits shall be posted in a visible location, at the site, for the duration of the use.

f.

Alcohol. Any application for a temporary use or structure permit that includes use of alcohol (either for free or for sale) shall require an appropriate liquor license from the village.

g.

Fee. The fee for all temporary use or structure permits shall be in an amount as provided in the village fee schedule.

26.

Wind-operated energy devices, roof-mounted for on-site power supply only.

a.

General. One roof-mounted wind turbine is allowed per parcel, only if it supplies electrical power solely for on-site use.

b.

Height. The turbine structure with supports shall not be more than eight feet in height. Also, the turbine upon the roof shall not extend taller than the maximum height allowed for principal structures in the zoning district in which the parcel is located.

i.

On a vertical-axis turbine, height shall be measured at the tallest point.

ii.

On a horizontal-axis turbine, height shall be measured at the highest extent of a blade tip.

c.

Appearance. All turbine equipment shall have a flat finish and shall not have any lighting attached to or projected onto it.

d.

Permitting. An electrical building permit must be applied for and issued prior to installation of any roof-mounted turbine equipment.

(Ord. No. 08-22, 2-7-2022; Ord. No. 26-22, 7-5-2022)