(A)   The uses of land and the erection, alteration and use of buildings or structures shall be limited to:

      (1)   Uses lawfully established and existing on the effective date of the ordinance codified in this chapter; except, uses lawfully established and existing on the effective date of the ordinance codified in this chapter and rendered nonconforming by the provisions herein shall be subject to the regulations of § 155.520; and

      (2)    Uses permitted or conditionally permitted in the zoning district in which the land, building or structure is to be located.

   (B)   Where a use which is classified as a conditional permitted use by this chapter exists on the effective date of the ordinance codified in this chapter, it shall be considered to be a lawful conditional permitted use.

   (C)   Where the construction of a building or structure has begun prior to the effective date of the ordinance codified in this chapter, and is being prosecuted to completion, such building or structure may be completed and occupied.

   (D)   Where plans for the construction of a building or structure have been filed with the Village Clerk within ten days after the effective date of the ordinance codified in this chapter, the building or structure may be constructed and completed within one year of the filing date.

(Ord. 1999-2, Zoning § 3, subs. .010, passed 2-15-1999)

   (A)   New buildings or structures shall conform with the bulk regulations established by this chapter for the district in which each such building or structure is located. Existing buildings or structures shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to increase any existing conflict with the bulk regulations of this chapter for the district in which such structures are located, except as specifically allowed in the manufacturing districts.

   (B)   However, a lot of record at the time of the adoption of the ordinance codified in this chapter in a residence district which is unable to meet the requirements of this chapter as to area (either in width or depth) may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this chapter and applicable village ordinances, regulations and meet all the other requirements of this chapter and applicable village ordinances, regulations and codes. The Zoning Officer may, when requested by the owner of a lot of record, approve in specified cases a reduction in the yard requirement for a rear yard, side yard or side yard adjoining a street, but such side yard shall have a width of not less than 10% of the width of the lot, or ten feet, whichever is greater. A lot of record existing on the effective date of the ordinance codified in this chapter, referred to above, shall be as follows:

      (1)   In residence districts, a lot, parcel or tract of land which was recorded in the office of the Recorder of Deeds of the county prior to the effective date of the ordinance codified in this chapter; and

      (2)   In residence districts, a lot in a subdivision which was so recorded after the effective date of the ordinance codified in this chapter, provided a preliminary plat for such subdivision had been given tentative approval, as required by the subdivision regulations chapter of this code prior to the effective date of the ordinance codified in this chapter, and a final plat had been submitted and approved by the Village Board and thereafter recorded in the office of the Recorder of Deeds of the county within the time periods required by such subdivision regulations for filing and application for final plat approval and for recording after approval.

   (C)   The Zoning Officer shall issue a zoning certificate for erecting a single-family detached dwelling on a lot of record upon compliance with all of the foregoing provisions.

(Ord. 1999-2, Zoning § 3, subs. .020, passed 2-15-1999)

   In any residence district, every single-family detached dwelling erected or structurally altered after the effective date of the ordinance codified in this chapter shall be located on a lot, and there shall be not more than one such dwelling on a lot.

(Ord. 1999-2, Zoning § 3, subs. .030, passed 2-15-1999)

   No lot containing a structure or use shall after the effective date of the ordinance codified in this chapter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon, unless each lot, including also the lot containing the structure or use, resulting from such division, has the minimum lot area and lot width as required in this chapter for the district in which the lot is located.

(Ord. 1999-2, Zoning § 3, subs. .040, passed 2-15-1999)

   Yards and other open spaces as required by this chapter shall be located on the same lot as the principal building, structure or use.

(Ord. 1999-2, Zoning § 3, subs. .050, passed 2-15-1999)

   On through lots, the front lot line shall be along the street line designated by the Zoning Officer, except that when a front line has been established along the same street line, the street line designated as the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. Only those obstructions permitted in this chapter in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except where a no-access strip has been provided for such lots on the recorded plat.

(Ord. 1999-2, Zoning § 3, subs. .060, passed 2-15-1999)

   No legally required yards, open space or lot area for any use or structure shall be used to satisfy yard, open space or lot area requirements for any other structure or use.

(Ord. 1999-2, Zoning § 3, subs. .070, passed 2-15-1999)

   No yards allocated to a building, structure or use existing on the effective date of the ordinance codified in this chapter shall be subsequently reduced or further reduced below the yard requirements of this chapter, except a yard adjoining a street may be reduced in depth in the event and to the extent the right-of-way width of such street adjoining such yard is subsequently increased.

(Ord. 1999-2, Zoning § 3, subs. .080, passed 2-15-1999) Penalty, see § 155.999

   Minimum setbacks on lots abutting a street shall be the distance required for a front yard, or side yard adjoining a street, in the district in which they are located and shall be measured from the street line, or from the proposed street line if one has been designated on the official map, except as otherwise set forth herein.

(Ord. 1999-2, Zoning § 3, subs. .090, passed 2-15-1999)

   When lots fronting one side of a street within a block have established building setbacks of a depth other than required in this chapter for a front yard in the district in which the lot is located and where the contiguous street is not designated on the official map for right-of-way widening, the setback for each remaining lot along such street frontage shall be as follows:

   (A)   Interior lots. The depth of the setback on any lot shall be the average of the setbacks already established on the two lots located on each side of such lot, and if no setback is established on one of the adjacent lots, the required front yard depth for that lot shall be used in calculating the average setback of the two adjacent lots; and

   (B)   Corner lots. The depth of the setback lines shall be as required in this chapter for front yards or side yards adjoining streets in the districts where the lots are located.

(Ord. 1999-2, Zoning § 3, subs. .100, passed 2-15-1999)

   Accessory buildings, structures and uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use.

(Ord. 1999-2, Zoning § 3, subs. .110, passed 2-15-1999)

   Accessory uses shall not include the keeping, propagation or culture of cattle, horses, ponies, swine, sheep, goats, bees or other nonhousehold animals pursuant to Ordinance 1993-8, the provisions of which are incorporated herein, except on such lots where the pursuit of agriculture is a permitted principal or accessory use.

(Ord. 1999-2, Zoning § 3, subs. .120, passed 2-15-1999; Ord. 2021-05, passed 9-13-2021)

   Accessory buildings, structures and uses shall not be erected or altered in required yards, courts or other open areas, except those that are permitted in this chapter as obstructions in yards, courts or other open areas.

(Ord. 1999-2, Zoning § 3, subs. .130, passed 2-15-1999)

   Except as otherwise required in this chapter for a specific accessory use, detached accessory buildings, as permitted in this chapter as obstructions in required rear yards, shall:

   (A)   Be not more than one story or 15 feet in height, whichever is lower;

   (B)   Cover not more than 30% of the area of the rear yard; and

   (C)   Be located not less than ten feet from a rear lot line, and not less than three feet from the side lot line, except:

      (1)   On corner lots, not nearer to the side street lot line than the distance required for a side yard adjoining a street, or in the case of a reverse corner lot, not nearer to the side street lot line than the distance required for a front yard on such lot adjoining the rear lot line; or

      (2)   On through lots that do not have a rear lot line adjoining a no-access strip, not nearer to the rear lot line adjoining a street than the distance required for a front yard.

(Ord. 1999-2, Zoning § 3, subs. .140, passed 2-15-1999)

   Except as hereinafter provided for an accessory building containing a dwelling unit or lodging rooms for domestic employees of the occupants of the principal dwelling, no detached building accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot shall be more than one story or 15 feet in height, whichever is lower, nor shall it be nearer than ten feet from the principal building on the lot.

(Ord. 1999-2, Zoning § 3, subs. .150, passed 2-15-1999)

   Accessory single-family detached dwellings or detached buildings containing dwelling units or lodging rooms for domestic employees of the occupants of principal single-family detached dwellings, or for students, faculty and personnel authorized to live on the premises of institutional or other nonresidential uses shall not be located in a yard or other open area required for the principal building, and shall be located not less than 40 feet from the principal building, except:

   (A)   On a lot one acre or more in area, such an accessory building when designed as a part of an architectural entrance feature may be located in a required front yard or side yard adjoining a street; and

   (B)   When located in back of a principal building, the rear yard of the principal building shall be measured from the rear yard line to the nearest building wall of such accessory building.

(Ord. 1999-2, Zoning § 3, subs. .160, passed 2-15-1999)

   The following accessory buildings, structures and uses are permitted and may be obstructions in yards and courts as follows.

   (A)   Awnings or canopies projecting not more than three feet into a required yard or court are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open courts.

   (B)   Arbors or trellises; where trellises are attached to the principal building, they may also project into front yards, and side yards are permitted in rear yards and open courts.

   (C)   Air conditioning equipment shelters are permitted in interior side yards, rear yards and open courts.

   (D)   Architectural entrance structures on a lot not less than two acres in area are permitted in front yards and side yards adjoining streets, interior side yards and rear yards.

   (E)   Balconies are permitted in rear yards and open courts.

   (F)   Bay windows projecting not more than three feet into a yard are permitted in front yard and side yards adjoining streets, rear yards and open courts.

   (G)   Boat storage, one boat owned by the occupant of the dwelling is permitted in rear yards.

   (H)   Chimneys, attached, projecting not more than 24 inches into a yard are permitted in front yards and side yards adjoining streets, interior side yards, rear yards and open courts.

   (I)   Driveways necessary for access to and from a garage or off-street parking area are permitted in front yard and side yards adjoining streets, interior side yards and rear yards.

   (J)   Eaves and gutters on principal buildings or attached accessory buildings projecting not more than four feet into a front and rear yard and not more than 24 inches into a side yard or court are permitted in front yards and side yards adjoining streets, interior side yards, rear yards and open courts.

   (K)   Fallout shelters, attached or detached, are permitted in rear yards.

   (L)   Fences, see §§ 151.095 through 151.107 of the Building Code.

   (M)   Fire escapes, open or enclosed, or fire towers may project into a required front yard or side yard adjoining a street not more than five feet and into a required interior side yard or court not more than three and one-half feet are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open courts.

   (N)   Flagpoles are permitted in front yards and side yards adjoining streets, interior side yards, rear yards and open courts.

   (O)   Garages or carports, attached or detached, are permitted in side yards and rear yards.

   (P)   Growing of farm and garden crops in the open are permitted in interior side yards and rear yards.

   (Q)   Lawn furniture, such as benches, sundials and birdbaths are permitted in front yards and side yards adjoining streets, interior side yards, rear yards and open courts.

   (R)   Open off-street loading spaces are permitted in rear yards.

   (S)   Open off-street parking spaces; in all business districts, open off-street parking spaces may be in a required front yard or side yard adjoining a street as hereinafter regulated are permitted in interior side yards, rear yards and open courts.

   (T)   Ornamental light standards are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open courts.

   (U)   Playground and laundry drying equipment are permitted in side yards, rear yards and open courts.

   (V)   Playhouses and open-sided summer houses are permitted in side yards and rear yards.

   (W)   Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture are permitted in side yards and rear yards.

   (X)   Signs and nameplates are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open courts.

   (Y)   Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 18 inches, are permitted in front yards and side yards adjoining streets, interior side yards, rear yards and open courts.

   (Z)   Steps, open, necessary for access to and from the dwelling or an accessory building; steps, as access to the lot from the street, and in gardens or terraces, provided there are no more than eight steps for access to and from a principal or accessory building, are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open courts.

   (AA)   Swimming pools, private, when conforming also with other codes or ordinances of the village are permitted in side yards and rear yards, unless the side yard adjoins a public right-of-way. In that event, the swimming pool must not be located any closer than ten feet from any such public right-of-way.

   (BB)   Terraces and patios are permitted in interior side yards and rear yards.

   (CC)   Outdoor fireplaces are permitted in rear yards. Tennis courts, private are permitted in rear yards.

   (DD)   Trees, shrubs and flowers are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open courts.

   (EE)   Walkways necessary for access to and from the dwelling or an accessory building are permitted in front yard and side yards adjoining streets, interior side yards, rear yards and open court.

   (FF)   Other accessory buildings, structures and uses as herein permitted in district regulations as accessory to a specific permitted use.

   (GG)   On corner lots within that part of a yard, court, or other open area located within a radius of 25 feet from the point of intersection of the two street right-of-way lines forming the lot corner, no building, structures, or shrubs as herein permitted as obstructions in front yards or side yards adjoining a street shall be erected, altered or planted which have a height more than 30 inches above the ground grade in this area, and trees planted in such areas shall be maintained in a manner that trees shall not have branches lower than eight feet above the ground grade elevation in this area.

(Ord. 1999-2, Zoning § 3, subs. .170, passed 2-15-1999; Ord. 2000-6, passed 6-5-2000)

   Where a building, lawfully existing at the date of adoption of the ordinance codified in this chapter exceeds the permitted maximum floor area ratio, an addition to such existing building to be constructed on an adjoining lot shall be entitled to the minimum floor area ratio permitted in the district in which it is located.

(Ord. 1999-2, Zoning § 3, subs. .180, passed 2-15-1999)

   (A)   Manufactured housing erected within the corporate limits of the village shall consist of the following minimum requirements.

      (1)   All exterior walls shall be constructed with two by four studs, 16-inch on center. All door and window headers must be a minimum of double two by six studs;

      (2)   All plumbing shall be in compliance with the State Plumbing Code, as may be amended from time to time;

      (3)   The electric service, including electrical wiring, fixtures or other electrical hardware shall be in compliance with the International Building Code 2003, as may be amended from time to time. Minimum of 100 amp electric service with all copper wiring;

      (4)   All manufactured housing shall be secured upon a brick, block or concrete foundation;

      (5)   No manufactured housing shall have an exterior surface consisting of aluminum sheathing, metal sheathing, sheet metal or other similar material;

      (6)   No manufactured housing shall have a flat roof on any part of the structure; and

      (7)   All manufactured housing shall have a minimum width of 24 feet and a minimum square footage of 750 square feet.

   (B)   All manufactured housing shall be subject to conveyances of real property by deed.

(Ord. 1999-2, Zoning § 3, subs. .190, passed 2-15-1999)

   (A)   Trailers shall not be permanently affixed to the ground as a principal or accessory use on a lot in any district.

   (B)   Mobile homes, travel trailers or camping trailers shall not be occupied for dwelling purposes except in lawfully established mobile home parks or tourist camps. Mobile homes, travel trailers and camping trailers shall not be parked or stored on any lot other than in a lawfully established mobile home park, tourist camp or trailer sales or manufacturing establishment; except, in a residence district, one travel trailer or camping trailer may be parked or stored in a side yard or rear yard.

   (C)   Temporary parking and use of trailers shall be permitted in any district for a temporary office or storage uses and in a residence district for temporary living quarters when a permit has been issued by the Zoning Officer. The Zoning Officer shall issue such permit for a period of one year, and may renew said permit for one additional year. Such permit shall not be renewable again, except during a period of actual construction wherein the use of the trailer is incidental to the construction. All permits issued under this section shall be for trailers located on the same or contiguous lots as the construction or building development.

   (D)   The Village Board may cause to be issued a permit for a trailer for use as a temporary dwelling for a custodian or guard in any village park or recreation area within the village wherein it is deemed necessary or desirable by the Village Board that such custodian or guard live on the premises.

(Ord. 1999-2, Zoning § 3, subs. .200, passed 2-15-1999)

   Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreation purposes and located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted.

(Ord. 1999-2, Zoning § 3, subs. .210, passed 2-15-1999)

   In a residence district, one boat owned by the occupant of the dwelling may be stored or parked in the side yard or rear yard of a lot, provided no major repair, disassembly or rebuilding operations are conducted thereon.

(Ord. 1999-2, Zoning § 3, subs. .220, passed 2-15-1999)

   Each use established after the effective date of the ordinance codified in this chapter which requires sewerage and water facilities shall be served by public or community sewerage and water systems, except as provided below.

(Ord. 1999-2, Zoning § 3, subs. .230, passed 2-15-1999)

   Lots in areas that are not served with public sewerage or water systems may be served with individual sewage disposal systems or private wells, provided the Village Board finds, after receiving the recommendation of the Planning and Zoning Board, or Engineer, that it is impracticable to extend public or community sewer or water lines to serve the area, and there is an irrevocable commitment by the owner of the lot that connections shall be made to a public or community sewerage or water system not less than six months after such system has been installed or extended to serve the lot.

(Ord. 1999-2, Zoning § 3, subs. .240, passed 2-15-1999)

   Installation of individual sewage disposal systems and private wells or community sewerage and water systems shall be in accordance with standards and specifications set forth in applicable laws of the village, county, state and Environmental Protection Agency.

(Ord. 1999-2, Zoning § 3, subs. .250, passed 2-15-1999)

   A lot that was not a lot of record on the effective date of the ordinance codified in this chapter which is to be used for a single-family detached dwelling served with an individual sewerage disposal system shall have an area of not less than one acre and a width of not less than 150 feet or a greater area or width if required to conform with regulations contained above.

(Ord. 1999-2, Zoning § 3, subs. .260, passed 2-15-1999)

   The ground floor, including also a cellar or crawl space floor, of any building erected after the effective date of the ordinance codified in this chapter, structurally altered, enlarged or moved to a floodplain area shall have an elevation that is equal to or above flood-crest level, or the distance above flood-crest level that may be required by the Zoning Officer for specific locations.

(Ord. 1999-2, Zoning § 3, subs. .270, passed 2-15-1999)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks, silos, storage hoppers, elevators or similar structures may be erected above the height limits herein prescribed; except, on land bordering, adjacent to or in the vicinity of an airport, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limits for the area in which it is located which now are or shall hereafter be established under the Airport Approach Plan prepared by the state, or the maximum height limit herein required for the district, whichever is the lower height. A copy of the Airport Approach Plan shall be maintained in the office of the Zoning Officer as a public record.

(Ord. 1999-2, Zoning § 3, subs. .280, passed 2-15-1999)

   The following public utility uses are permitted in any district: wires, cables, conduits, vaults, laterals, pipes, mains and valves or other similar distributing equipment; provided that the installation and location shall conform with the rules and regulations of applicable administrative authorities.

(Ord. 1999-2, Zoning § 3, subs. .290, passed 2-15-1999)

   Application for zoning certificates and occupancy permits for the erection, major alteration or enlargement and occupancy of a conditional permitted use shall be subject to the regulations hereof.

(Ord. 1999-2, Zoning § 3, subs. .300, passed 2-15-1999)

   (A)   Every private residential swimming pool constructed, installed and maintained within the village shall comply with the applicable provisions of this code.

   (B)   The location of private swimming pools are permitted in side and rear yards as established in § 155.051. All pools above- or in-ground must have a setback of ten feet off the public right-of-way including pool, fencing or attached walkway.

   (C)   The definitions of a yard, front yard, yard line, rear yard, side yard and side yards adjoining a street are set forth in § 155.021.

   (D)   It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any private swimming pool in appurtenances within the village unless permits therefor have first been obtained from the Village Zoning Officer.

   (E)   The permit fees for private swimming pools shall be $75.

   (F)   All private swimming pools located in ground shall be completely enclosed by a fence. All fence openings or point of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be at least six feet in height and constructed of a material approved by the Village Building Code. If decking surrounds an above-ground pool, it must be fenced or designed to be gated and deny access.

   (G)   All private swimming pools shall equipped with suitable facilities for adding make-up water as needed. If a sill cock and hose connection is to be used for make-up, a suitable vacuum breaker must be installed in conformance with plumbing regulations.

   (H)   There shall be no direct connection of any pool within the village to the municipal sewer service of the village.

   (I)   All electrical installations provided for and used in conjunction with private swimming pools shall be in conformance with the Electrical Code, current edition.

   (J)   All private swimming pools shall be maintained in a clean and sanitary condition.

   (K)   The Village Zoning Officer may inspect all private swimming pools at any reasonable time to determine whether or not the provisions of this code are being complied with.

   (L)   All pools that have not been in use for an extended period of time must be drained or covered when not in use.

   (M)   Any swimming pools which are existing as nonconforming structures at the time of this section shall be considered grandfathered for the purpose of enforcing this section. If any existing, nonconforming pool is removed or destroyed, any subsequent pools shall be subject to this section.

   (N)   Any person in violation of the provisions of this section shall be subject to the penalties set forth in § 155.999.

(Ord. 2003-9, passed 9-15-2003; Ord. 2018-06, passed 10-1-2018) Penalty, see § 155.999

   (A)   Purpose. Pursuant to the authority conferred by 65 ILCS 5/11-125-4, 5/11-125-2; 415 ILCS 5/14.2 and 5/14.3; 65 ILCS 5/7-4-2 (all 2008); and in the interest of securing the public health, safety and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this section shall apply to all properties located within the minimum setback zone established under § 14.2 of the Environmental Protection Act (“Act”) (415 ILCS 5/14.2) and this section, and the maximum setback zone established under § 14.3 of the Act (415 ILCS 5/14.3) and this section.

   (B)   Definitions. Except as stated in this section, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this chapter shall be the same as those used in the Act and the Illinois Groundwater Protection Act (415 ILCS 5/1 (2002)):

      ACT. The Environmental Protection Act (415 ILCS 5/1 (2002)).

      AGENCY. The State Environmental Protection Agency.

      BOARD. The State Pollution Control Board.

      MAXIMUM SETBACK ZONE. The area around a community water supply well established under § 14.3 of the Act (415 ILCS 5/14.3) and this section, and described in the minimum and maximum set back zone map, a copy of which is in the village office.

      MINIMUM SETBACK ZONE. The area around a community water supply well established under § 14.2 of the Act (415 ILCS 5/, § 14.2) and this section, and described in the minimum and maximum set back zone map, a copy of which is in the village office.

 

   (C)   Prohibitions.

      (1)   Except as provided in division (D) or (E) below, no person shall place a new potential primary source, new potential secondary source or new potential route within the minimum setback zone.

      (2)   Except as provided otherwise in division (D) below, no person shall place a new potential primary source within the maximum setback zone.

   (D)   Waivers, exceptions and certifications of minimal hazard.

      (1)   If, pursuant to § 14.2(b) of the Act (415 ILCS 5/), the owner of a new potential primary source, new potential secondary source or new potential route is granted a waiver by the Agency, such owner shall be deemed to have a waiver to the same extent from division (C)(1) of this section.

      (2)   If, pursuant to § 14.2(c) of the Act (415 ILCS 5/), the owner of a new potential primary source (other than land filling or land treating), new potential secondary source or new potential route is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from division (C)(1) of this section.

      (3)   If, pursuant to § 14.2(c) of the Act (415 ILCS 5/), the owner of a new potential primary source (other than land filling or land treating) is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from division (C)(1) of this section.

      (4)   If, pursuant to § 14.5 of the Act (415 ILCS 5/), the owner of a new potential primary source, new potential secondary source or new potential route is issued a certificate of minimal hazard by the Agency, such owner shall not be subject to division (C)(1) of this section to the same extent that such owner is not subject to § 14.2(d) of the Act.

   (E)   Exclusions. Division (C)(1) of this section shall not apply to new common sources of sanitary pollution as specified pursuant to § 17 of the Act (415 ILCS 5/) and the regulations adopted thereunder by the Agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations.

   (F)   Map. The map showing the minimum and maximum setback zone in incorporated herein by reference and made a part hereof as if appearing in total. A copy of the map is on file in the village offices.

(Ord. 2010-03, passed 3-15-2010)