To accomplish the purposes of this title, the City is hereby divided and classified into the following zoning districts:

 

(Ord. 86-382, 12-22-1986; amd. Ord. 88-435; Ord. 91-553; Ord. 96-647; Ord. 97-672; Ord. 02-792; Ord. 04-846; Ord. 18-1918, 12-17-2018; Ord. 18-1919, 12-17-2018)

   A.   The zoning district classification of all land in the City shall be shown on the map designated as the City of McHenry Zoning District Map, dated and signed by the City Clerk upon adoption. No land shall at any time be classified in more than one zoning district, except that land may be classified in any district designated as an overlay district and in a district that is not an overlay district.

   B.   The Zoning District Map, everything shown thereon, and all amendments thereto, shall be as much a part of this title as if fully described herein and shall be filed as part of this title by the City Clerk. Said map shall be available for public inspection in the Office of the City Clerk. Any amendments to this map shall be similarly dated, filed and made available for public reference and shall be incorporated into the Zoning District Map by the Zoning Administrator on or before March 31 of each year and published as provided by statute.

(Ord. 86-382, 12-22-1986)

   A.   District boundary lines shall, unless otherwise indicated, be on the boundary lines of the City, of sections or divisions of sections, or tract or lot lines; on the centerlines of streets, railroads, alleys, easements, rivers and other water bodies; or on the extension of such lines.

   B.   District boundary lines approximately following such lines shall be interpreted as located on those lines. Distances not specifically indicated on the map shall be established using the scale of the map.

   C.   Where a district boundary divides a lot in single ownership, the district governing any portion of the lot may, at the owner’s discretion, extend to the entire lot if such extension is not more than twenty five feet (25') beyond the district boundary on the map.

(Ord. 86-382, 12-22-1986)

Except as may be provided for by Annexation Agreement or by a subsequent amendment to this title, any lot or parcel of land hereafter annexed to the City shall be automatically classified E, RS-1, RS-1a, RS-2, RS-3 or RS-4 Zoning District classification, whichever is most restrictive; provided, however, that the area of the annexed parcel or lot is in conformance with the minimum lot area requirement of that district.

(Ord. 93-593)

The use of land located within floodplains is regulated by the City special flood hazard areas regulations, title 13 of this Code, in addition to the requirements herein.

(Ord. 92-570; amd. Ord. 92-579; Ord. 02-792)

The development of air rights shall be a conditional use in all zoning districts and subject to all other requirements of the zoning district applying to the land below as well as to the procedures and criteria governing conditional uses.

(Ord. 86-382, 12-22-1986)

Except within Integrated Design Districts, Planned Unit Developments, and the Health Care District, no more than one principal building or use shall be permitted on any lot in any zoning district.

(Ord. 97-672; amd. Ord. 22-26, 4-5-2022)

All business, service, storage, merchandise display and, where permitted, repair and processing shall be conducted wholly within enclosed buildings, except for off street parking, off street loading, and for open sales lots or outside storage where these uses are permitted, with the exception of outdoor retail displays and outdoor seating in compliance with the following conditions:

(Ord. 15-1113)

   A.   Display Of Merchandise: The intent of this section is to provide appropriate locations for the outdoor display of merchandise and to mitigate any adverse impacts on adjacent properties and public right-of-way while maintaining public health, safety and welfare. Any person who owns or operates a retail business that has a storefront that opens directly onto a street, public way or private way, shall be permitted to display products which are part of the regular inventory of the business. This includes, but is not limited to, vending machines, Red Box kiosks, propane cylinder displays, etc., that are wholly contained, ancillary to the business and kept outside at all times. The display shall be limited to the area directly in front of such business, provided:

      1.   A permit is obtained from the Community Development Department, prior to the display of product.

      2.   Outside display is limited to properties that are permitted to have retail sales as listed in this title, and (retail) legal nonconforming properties in existence prior to the date of the ordinance codified herein, only.

      3.   Display is only permitted during hours the business is open and accessible to the public. At all other times the product shall be stored inside the building.

      4.   Approved ingress and egress to and from a building must be maintained as required by the City’s currently adopted Building Code.

      5.   Public and private sidewalks shall not be reduced to a clear usable width of less than forty eight inches (48").

      6.   A minimum of four feet (4') of horizontal clearance must be maintained between any display and trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures.

      7.   Display shall not be permitted to be placed in parking stalls, drive aisles, alleys, streets or roads.

      8.   Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. Note: Product being displayed is not permitted to be located within two feet (2') of the latch side of any door.

      9.   Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State or local ordinance) is prohibited from purchasing by law, shall not be permitted outside the building.

      10.   McHenry County Health Department approval must be obtained prior to placing anything that can be eaten, consumed or ingested, outside the building.

      11.   The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noisemaking devices shall not be used to attract attention to the display.

      12.   The display is placed on an approved surface, such as concrete, asphalt or paver bricks.

      13.   The display will not be permitted to be anchored or secured to the ground, trees, signs, fire hydrants or buildings.

      14.   All products shall be kept flush or parallel, with the face of the building where the retail business is located and in no case shall the area used for the display exceed the following dimensions:

         a.   Twenty percent (20%) of the width of the business frontage of the building as defined in this title.

         b.   Exceed six feet (6') in height measured from the sidewalk surface.

         c.   Be placed more than six feet (6') from the face of the building.

      15.   All sales and transfer of product shall take place inside the building where normal retail transactions occur.

      16.   Outside display shall only be allowed when weather conditions are favorable for this use.

      17.   The display shall be kept neat and orderly and remain free from trash and debris at all times.

      18.   The display shall be immediately removed by the business owner any time the City Administrator or his designee, determines a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency or violation of any of the above listed conditions.

(Ord. 12-1059)

   B.   Outdoor Seating:

      1.   Application form for an outdoor seating permit shall be submitted which identifies business name, address, PIN, zoning designation, name, address, phone, fax, e-mail of applicant and property owner.

      2.   A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements.

      3.   A separate “Waiver of Liability” form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property, or alternatively a “Waiver of Liability” provision shall be included on the outdoor seating permit application.

      4.   Once an outdoor seating permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. The outdoor seating permit shall include a statement that authorizes the City to revoke the permit if any of the established conditions are not met.

      5.   Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist; however, any changes proposed by any of those establishments in the future will require submittal of an outdoor seating permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance if applicable.

      6.   Approved ingress and egress to and from a building must be maintained as required by the City’s currently adopted Building Code.

(Ord. 15-1113)

      7.   The Building Commissioner or their designee may grant permission for the sale, dispensing and consumption of alcoholic liquor and/or food in an outdoor area adjacent to the licensed building. Except as provided herein, the area for which permission is issued shall be subject to review by the Building Commissioner or their designee and shall be of a secure nature with a partition defining the outdoor seating area and shall facilitate access in the area only through the licensed premises or through an occupied host or hostess station. If the outdoor seating area protrudes into the public way, an indemnification agreement releasing the City from all liability must accompany the permit application.

(Ord. 19-1200, 7-15-2019)

      8.   Outdoor seating must be located on a hard surface such as asphalt, concrete, brick or wood.

      9.   Outdoor seating is prohibited within a required landscape island or area.

      10.   Outdoor seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.).

(Ord. 15-1113)

      11.   A permit fee as established by the City Council shall be required for any establishment seeking an outdoor seating permit in accordance with the recommended provisions included herein.

(Ord. 15-1113; amd. 2019 Code)

      12.   An inspection shall be required following outdoor seating permit review and prior to use of outdoor seating.

      13.   Sidewalks shall not be reduced to a clear usable width of less than forty eight inches (48").

      14.   Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.).

(Ord. 15-1113)

      15.   Tables, chairs, table umbrellas and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds.

(Ord. 19-1200, 7-15-2019)

      16.   Operation of outdoor seating area is only permitted when the business for which the outdoor seating permit was issued is open, but in no instance prior to seven o’clock (7:00) A.M. or after ten o’clock (10:00) P.M.

(Ord. 15-1113)

      17.   Outdoor seating on public property must be removed during the off season when it is not being utilized.

(Ord. 19-1200, 7-15-2019)

      18.   The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noisemaking devices is prohibited.

      19.   No electrical appliances or open flame devices shall be located or utilized within the outdoor seating area; however, the use of “infrared style” heaters is permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer’s specifications.

      20.   Outdoor seating on public property shall be immediately removed by the business owner any time the City Administrator or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, snow or ice removal, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the conditions included in this section.

(Ord. 15-1113)

No automobile service station shall be located within six hundred feet (600') of any other automobile service station.

(Ord. 86-382, 12-22-1986)

   A.   Intent And Purpose: It is the intent of this section to protect and preserve the health, safety, welfare and morals of the citizens of the City by regulating adult business within the City.

   B.   General Standards:

      1.   CUP Required: A separate conditional use permit must be issued for each adult business, as defined in section 4-3A-1 of this Code.

      2.   Location Restrictions: No adult business shall be operated within one thousand feet (1,000') of a Residential Zoning District or within one thousand feet (1,000') of the property boundaries of any school, daycare center, cemetery, public park, public housing, nursing home, rest home, sheltered care facility and place of religious worship. The distance limitation shall be measured in a straight line from the lot lines of said adult business and applicable Residential Zoning District, school, daycare center, cemetery, public park, public housing, nursing home, rest home, sheltered care facility and place of religious worship.

      3.   Number Permitted Per Block: Only one adult business shall be permitted per block face.

      4.   Sign Requirements: The following sign requirements shall apply to any adult business:

         a.   All signs shall be flat wall signs.

         b.   The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, or as permitted by title 10, chapter 20 of this Code, whichever is more restrictive.

         c.   Window areas shall not be covered or made opaque in any way. No sign shall be placed in any window. One (1) 1-square foot sign may be placed on the door to state hours of operation and admittance to adults only.

      5.   Advertising: No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

      6.   Alcoholic Liquor Prohibited: It shall be unlawful for any adult business to sell, distribute or permit beer or alcoholic beverages on the premises.

(Ord. 86-382, 12-22-1986)

   A.   Permitted: Temporary uses of land shall be permitted in any zoning district upon the issuance by the Community and Economic Development Department of a temporary use permit, subject to the provisions of this section.

   B.   Application: An application for any temporary use permit shall be filed with the Community and Economic Development Department at least thirty (30) days before the requested beginning of the temporary use. The application and associated guidelines are available through the Community and Economic Development Department, as well as on the City’s website, www.ci.mchenry.il.us , under document resources. A separate temporary sign permit application must be completed if applicable. An additional permit fee is required for a temporary sign. The temporary use permit shall be displayed within plain view on the premises of the temporary use for the duration of the use. Application and payment of sixty dollars ($60.00), thirty dollars ($30.00) of which may be refunded upon successful compliance with all conditions associated with an approved temporary use permit application.

   C.   Exempt From Permitting Or Minor Or Major: Temporary use permits shall either be exempt from permitting or be classified as minor or major in accordance with the provisions of this section.

   D.   Exempt Temporary Uses: The following uses are excluded from the requirement of obtaining a temporary use permit:

      1.   Picnics at a private park, corporate picnics on a corporate campus/property.

      2.   Private, noncommercial events on the sponsor’s property, such as homeowners’ association.

      3.   Private weddings at a private residence or private subdivision clubhouse.

      4.   Any temporary use previously approved by the City Council, as part of another agreement, such as an annexation agreement.

      5.   Any event which proposed to be held in a City park subject to receiving a permit for group activity under section 8-2-39 of this Code, as amended from time to time.

      6.   Any use which requires a City license or permit where City Council approval is not typically required, such as peddlers adjacent to the Riverwalk, ice cream vendors and solicitors compliant with terms in the City’s Solicitors and Peddlers Ordinance, etc.

   E.   Minor Temporary Uses: Minor temporary use permits shall be reviewed and approved, approved with conditions or denied administratively by the Community and Economic Development Department staff. If a minor temporary use permit is denied or the applicant disputes any condition(s) placed on the approval of the temporary use, the applicant may appeal the administrative review and determination to the City Council.

      1.   Criteria: Each of the following criteria must be satisfied for a temporary use (other than the specific uses listed below) to be classified as minor. If any one of the following criterion is not met, the temporary use shall be classified as major and comply with the provisions outlined in this section for major temporary use permits.

         a.   No more than seven (7) consecutive calendar days in length, including setup and takedown (setup and takedown includes erecting/removing tents, lighting, fencing, merchandise specifically associated with the temporary use being proposed);

         b.   Use is permitted by right in the zoning district in which it is proposed;

         c.   Use is consistent with activities typically associated with the existing principal land use on the property being proposed;

         d.   Use is proposed on a property where the existing principal use is conforming;

         e.   Use is only proposed for one time per calendar year;

         f.   All applicable permits are obtained, including, but not limited to, any food service permit required from the McHenry County Department of Health.

      2.   Specific Minor Temporary Uses: The following is a nonexclusive list of specific minor temporary uses which shall only be required to meet the conditions set forth herein. If one or more specified criterion cannot be met, these uses shall be considered and reviewed by the City Council in accordance with the provisions outlined herein for major temporary uses.

Carnival or circus:

         a.   Limited in duration to ten (10) consecutive days.

         b.   Operated or sponsored by a nonprofit group.

         c.   Not located in or adjacent to any developed residential area other than on church, school or park property.

         d.   Must comply with title 4, chapter 4, “Amusements”, of this Code.

Downtown or shopping center sidewalk sales:

         a.   Must not exceed ten (10) days per calendar year.

         b.   Must not be held more than twice in any one year.

         c.   Must not cover an area exceeding fifty percent (50%) of the width of any public sidewalk at any point within the shopping center or downtown area.

Outside display and sale of landscaping materials:

         a.   Must not exceed one hundred twenty (120) days per calendar year.

         b.   Conducted in Commercial Districts only.

         c.   Must not cover an area exceeding fifty percent (50%) of the width of any public walkway.

         d.   Must be operated or sponsored by an established business in operation on the same property or a nonprofit group, but only with the prior written consent of the property owner.

Roadside display and sale of farm produce, landscaping material, or related merchandise:

         a.   Not conducted in or adjacent to any developed residential area.

         b.   Limited in duration to ninety (90) days.

         c.   Must provide adequate ingress and egress from adjoining roadways.

         d.   Must provide one off street parking space per seventy five (75) square feet of display area with a minimum of three (3) spaces. Such spaces need not meet the code requirements of the off street parking and loading or landscaping.

Sale of Christmas trees:

         a.   Limited in duration to thirty (30) days.

         b.   Must not be conducted in or adjacent to any developed residential area.

Trailers for the temporary storage of merchandise:

         a.   Only applies to businesses eighty thousand (80,000) square feet or more in size.

         b.   No more than eight (8) such trailers shall be allowed on a site at any given time.

         c.   All trailers shall be stored in a rear yard out of public view whenever possible. No trailer shall be located in front of the front building line of the principal building.

         d.   Only allowed from October 1 to January 31 of the following year.

   F.   Major Temporary Uses:

      1.   Criteria: If any of the criteria for minor temporary uses above are not met or if any one of the criteria below is applicable to the requested use, the temporary use shall be classified as major and requires consideration, review and approval by the City Council:

         a.   Any use proposed which also involves any type of sign variance request;

         b.   Any use proposed which cannot comply with the outdoor lighting regulations or performance standards for noise as outlined in this title;

         c.   Use is proposed for more than one time per calendar year, either on the same application or multiple applications submitted within the same calendar year;

         d.   Use proposed is not compliant with all other applicable City ordinances, rules and regulations.

      2.   Consideration; Decision: Major temporary use permits will be forwarded to the City Council for consideration at a regularly scheduled City Council meeting. The City Council shall approve, approve with conditions or deny the application. Upon approval by the City Council, the Community and Economic Development Department shall issue a temporary use permit.

(Ord. 14-1684)

The following lots are exempt from the special required minimum lot dimensions along streets designated as arterials in the City Comprehensive Plan that are provided in the regulations for individual zoning districts:

   A.   Existing Lots: Existing lots of record as of the effective date of this title.

   B.   Later Subdivided Lots; Conditions: Lots subdivided after the effective date of this title that meet any of the following conditions:

      1.   The only access to the lot is from public streets or public access drives that are not arterials, and are either already in existence or have been planned and approved by the City. Except in the case of a lot in a Residential District, such streets or access drives shall not primarily serve a residential area.

      2.   The only access to the lot is from curb cuts provided jointly with one or more other lots with a combined frontage on the arterial of one hundred fifty feet (150') or more.

Where such lots are part of the same subdivision, the curb cuts shall meet all City requirements. Where such lots are not part of the same subdivision, City requirements shall be met to the extent possible, and the total number of curb cuts shall not be increased.

      3.   The only access to the lot is ultimately to be provided from a frontage road planned and approved by the Illinois Department of Transportation, the County or the City and where right-of- way adjacent to the lot has been dedicated totaling one hundred feet (100') from the centerline of the arterial or such lesser distance equaling or exceeding fifty feet (50') as the City may approve.

      4.   Other arrangements approved by the City establish a minimum distance of one hundred fifty feet (150') between each curb cut on the lot and all other curb cuts on the lot or on adjacent parcels or control left turns in and out of curb cuts by driveway channelization and signage.

(Ord. 86-382, 12-22-1986)

   A.   Identical Use Descriptions Listed Both As Permitted Uses And As Conditional Uses: Where an identical use description is listed, both as a conditional use and as a permitted use in the same zoning district, the use shall be construed as a conditional use.

   B.   Similar Use Descriptions Listed As Permitted Uses In Different Zoning Districts Or Listed As Conditional Uses In Different Zoning Districts: Where a proposed use can logically be included under similar use descriptions in different permitted use groups or in different conditional use groups, such use shall be construed as being included within that use description which is the most specific or narrow in scope.

   C.   Similar Use Descriptions Listed Both As Permitted Use And As Conditional Use: Where a proposed use can be included in a use description of a permitted use group in one zoning district and in a use description of a conditional use group in another zoning district, such proposed use shall be construed as being included within the conditional use group and excluded from the permitted use group.

(Ord. 91-553)

   A.   Purpose And Intent: The purpose and intent of this section is to establish outdoor lighting standards which promote safety and security, encourage energy conservation and reduce or eliminate light pollution, glare and light trespass.

   B.   Applicability:

      1.   Uses During Darkness: To uses that operate during hours of darkness, where there is public assembly or navigation, including, but not limited to, the following uses: multi-family residential, commercial, industrial, office, business park, public-recreational, and institutional.

      2.   Residential Excluded: Single-family residential shall be excluded from the provisions of this section except where specifically stated.

      3.   Necessary: Required lighting incorporated for other uses or locations as deemed necessary by the Zoning Administrator.

      4.   Glare Control: Glare control requirements contained herein shall apply to all uses.

   C.   Exempt Lighting:

      1.   Emergency Lighting: All emergency lighting and traffic control lighting.

      2.   Single-Family Home Lighting: All single-family residential homes, except in the instance where glare and/or light trespass onto another property is apparent.

      3.   Temporary Lighting: The temporary use of low wattage or low voltage lighting for public festivals, celebrations and the observance of holidays, except where they create a hazard or nuisance from glare or light trespass. Temporary lighting shall be permitted for a maximum of ninety (90) days from the date of installation.

      4.   Public Right-Of-Way Lighting: Streetlights installed or maintained in a public right-of-way.

   D.   Prohibited Lighting:

      1.   Motion Lighting: Use of search lights, laser lighting or lights that pulse, flash, rotate or simulate motion for advertising or promotions.

      2.   Glare: All lighting that produces glare.

      3.   Multiple Purposes: Lighting intended to serve more than one specific purpose, e.g., a building and parking lot.

      4.   Nuisance: Lighting deemed a public nuisance by the Zoning Administrator.

   E.   Lighting Regulations:

      1.   General Regulations:

         a.   All outdoor lighting shall be shielded and aimed so that illumination is directed only to the areas designated for lighting.

         b.   Light trespass from nonresidential development onto residential development and from multi-family residential onto single-family residential development shall not exceed one-half (0.5) foot-candles at the property line.

         c.   Mounting heights of all lighting fixtures, except those fixtures existing as of the date of passage of this section, shall not exceed thirty feet (30') in Nonresidential Districts, and twenty four feet (24') in Residential Districts.

         d.   All luminaries shall be full cutoff fixtures.

         e.   All lighting on a premises shall be of the same color.

         f.   All outdoor lighting shall be turned off or reduced to minimum levels necessary for security purposes by eleven o’clock (11:00) P.M. each night. This provision shall not apply to places of business or public venues that are open twenty four (24) hours.

      2.   Parking Lot Lighting: Parking lot lighting shall be required for all new development and other pedestrian areas.

         a.   A minimum of one and one-half (1.5) foot-candles and a maximum of ten (10) foot-candles shall be maintained in a parking lot.

         b.   Security lighting intended to light the perimeter of a property may include motion sensors.

         c.   All parking lot lighting standards and luminaries used to illuminate the same premises shall be of the same design and color.

      3.   Building Lighting: Lighting fixtures on buildings shall be full cutoff and located, aimed and shielded so that light is directed only onto the building surface. Ground mounted fixtures used to highlight a building shall shine upwards towards a building surface. Lighting fixtures shall not be directed toward adjacent streets or roads.

      4.   Additional Regulations Applicable To Gas Stations And Automobile Dealerships:

         a.   Gas/Automobile Service Stations: A maximum of forty (40) foot-candles shall be permitted under the canopy of gas or automobile service stations.

         b.   Automobile Dealerships: A maximum of thirty five (35) foot-candles shall be permitted anywhere in the lot of an automobile dealership, provided off site glare and light pollution are minimized by shielding light fixtures or using other appropriate methods.

   F.   Lighting Plans Required: A photometric grid shall be required for all new developments, excluding single-family. The location of all light standards and luminaries, and illumination levels in foot- candles, shall be indicated within the site and at the property lines. A cut sheet of all types of proposed light standards and luminaries shall be provided, indicating the type of lighting to be used, the mounting height, cutoffs, and any other pertinent information as deemed necessary by the Zoning Administrator.

   G.   Effective Date/Nonconformity Provisions: These provisions shall apply to all new lighting installations. All existing lighting not in compliance with the provisions of this section shall be brought into compliance by June 1, 2007.

(Ord. 06-879)

   A.   Purpose: The purpose of this section is to establish guidelines for the location of wireless communication facilities (WCF) without prohibiting their location but protecting the health, safety, welfare of the public and the character of the area by:

      1.   Recognizing the communication needs of residents and businesses;

      2.   Establishing appropriate standards for WCF sites;

      3.   Preserving the existing unique and rural character of the City;

      4.   Requiring collocation of WCFs;

      5.   Minimizing adverse visual effects of towers and facilities by establishing setbacks and design standards; and

      6.   Discouraging the creation of new monopole wireless communication towers.

   B.   General Provisions:

      1.   Applicability: No WCF, as defined herein, shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered unless the required permits have been submitted to the City and approved.

      2.   Bulk Standards:

         a.   WCFs located as permitted uses:

            (1)   No more than twelve feet (12') higher than the structure in or on which they are located.

            (2)   In accordance with zoning district requirements.

            (3)   No alteration to the structure for the WCF shall make the structure unsafe to the public.

         b.   WCFs located as conditional uses:

            (1)   The height of any new WCF shall not exceed fifty five feet (55'); provided, however, that a WCF greater than fifty five feet (55'), but no more than one hundred feet (100'), may be allowed upon the granting of a variance. Height is measured from the base of the structure to the tallest point, including any antenna.

            (2)   Setbacks from any public roadway or adjacent property line shall be equal to the height of the tower. The setback from Residentially zoned property shall be double the height of the tower, as illustrated below.

         c.   The location, height or construction of this new WCF shall not give this WCF provider an unfair advantage over any other WCF provider in the City.

      3.   Aesthetics: The following requirements apply to all WCFs located in the City:

         a.   WCFs shall be designed to blend in with its surroundings. This may mean that the facility be designed as a flag pole, tree or other similar structure. It can also mean that the WCF may be designed and painted to blend in with the adjacent area, or structure on which it is located.

         b.   The WCF site shall be landscaped to provide sufficient screening. See figures 2 and 3 of this subsection:

FIGURE 2

FIGURE 3

         c.   The WCF shall have no exposed wiring. All wiring must be enclosed within the structure or pole.

   C.   Regulations:

      1.   Federal Guidelines: All WCFs must meet the guidelines established by the FCC and FAA.

      2.   Security; Safety: All WCFs shall show the construction of security fencing or climb guards to ensure the safety of the site.

      3.   Identification Signage: No WCF provider identification signage may be erected on site.

      4.   Site Lighting: Site lighting shall conform to the City’s lighting regulations and all FAA or other State or Federal agency requirements.

      5.   Abandonment: WCF providers shall notify the City of abandonment of a facility within thirty (30) days. All WCFs shall be removed within ninety (90) days of abandonment unless an extension is otherwise requested and granted.

      6.   Damage: All WCFs shall be repaired within fourteen (14) days of damage.

      7.   Required Licenses: The WCF providers shall submit copies of all licenses as required by State or Federal authorities.

      8.   Property, Lease Information: The WCF provider shall submit all information regarding the ownership of the property, a copy of the lease agreement and contact information for the WCF provider company.

      9.   Siting: The siting of any WCF shall not interfere with any public safety communications, the City’s wireless mesh network or the City’s wireless internet service network.

      10.   Collocation: Collocation is required. Collocation is when three (3) or more WCF providers locate on a single structure.

      11.   Freestanding: All new freestanding WCFs shall be of a monopole design.

   D.   Maintenance And Repair Required: The appearance and safety of the WCF shall be maintained at all times. A maintenance agreement shall be filed with the City which details the WCF provider’s intent to maintain the site. It shall contain a contact name, with direct phone line number, fax number and mailing address. Each year the WCF provider shall submit to the City updated contact information. Failure to maintain the site properly will be considered a property maintenance violation and is regulated by this Code.

   E.   Administration:

      1.   The following is a list of the necessary information in order to process a WCF:

         a.   WCFs as permitted uses:

            (1)   All licenses;

            (2)   Site plan showing the location of the WCF, including the existing structure and all adjacent improvements (buildings, landscape, lighting, etc.);

            (3)   Signed contract with the property owner;

            (4)   All engineering plans;

            (5)   Projected diameter of coverage.

         b.   WCFs as conditional uses:

            (1)   All licenses;

            (2)   Proof of ownership of property or lease agreement and signed letter of authorization from property owner;

            (3)   All applicable application forms;

            (4)   Site plan (fully dimensioned);

            (5)   Landscape plan;

            (6)   Lighting plan;

            (7)   Engineering plans;

            (8)   Projected diameter of coverage;

            (9)   Map of all existing towers, public facilities and buildings within a six (6) mile radius of proposed site;

            (10)   Written proof describing why the WCF cannot be located on any of the identified existing towers, public facilities or buildings. Please address each identified site separately.

      2.   Once a completed application is received, the City shall review the provided materials and return comments back to the applicant within thirty (30) calendar days. The applicant shall address all of staff’s comments and make a complete resubmittal. After all necessary staff reviews, the request will proceed to the Planning and Zoning Commission for a public hearing, then to the City Council for final approval.

   F.   Existing WCFs: All existing WCFs shall be allowed to continue to remain as existing nonconforming uses. Any proposed new antennas shall be allowed to be constructed on the tower, provided the WCF provider notify the City of intent to do so and the new antenna shall not be higher than the lowest existing antenna.

   G.   Wireless Communication Facility Definitions: See section 11-3-1, “Definitions”, of this title.

   H.   Examples:

   EXAMPLES OF WIRELESS COMMUNICATION FACILITIES

   

   

   

(Ord. 06-889)

Vehicles may be displayed on grass surfaces at businesses only where the sale of vehicles is the principal use on the subject property and in accordance with the following provisions:

   A.   One vehicle/one hundred feet (100') of property frontage may be displayed on grass;

   B.   Grass underneath vehicles must be maintained in accordance with City ordinances;

   C.   Vehicles cannot create any vision/line of sight problems;

   D.   Vehicle lights shall remain off and doors and hoods must remain closed;

   E.   Vehicles can be displayed between March 1 and November 1 only;

   F.   Vehicles must be evenly spaced across full property frontage and cannot be clumped together;

   G.   Vehicles only are permitted to be displayed;

   H.   Vehicular ramps are prohibited;

   I.   Vehicles cannot be located in road right-of-way.

(Ord. 13-1643)

   A.   Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation and dispensing of medical cannabis occurring within the corporate limits of the City. Such facilities shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by the State of Illinois, effective January 1, 2014, as may be amended from time to time (hereinafter referred to as the “Act”), as well as those additional regulations provided below. In the event the Act is amended, the more restrictive of the State or local regulations shall apply.

   B.   Conditional Use Permit: Medical cannabis facilities, as defined in section 11-3-1 of this title, requiring approval of a conditional use permit in the respective zoning districts in which they are requested shall be processed and reviewed in accordance with chapters 4, “Filing Procedures”, and 15, “Conditional Uses”, of this title, and this section.

   C.   Medical Cannabis Facility Components: In determining compliance with chapter 15, “Conditional Uses”, of this title, the following additional components of the medical cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

      1.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

      2.   Proposed structure in which the facility will be located, including co-tenancy and Building Code compliance.

   D.   Medical Cannabis Cultivation Center: In those zoning districts in which a medical cannabis cultivation center may be located, the proposed facility must comply with the following regulations:

      1.   Facility may not be located within two thousand five hundred feet (2,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocation/trade centers shall not be classified as a public or private school for purposes of this section.

      2.   Facility may not be located within two thousand five hundred feet (2,500') of the property line of a pre-existing property zoned for residential use.

      3.   Facility may not conduct any retail sales.

      4.   For purposes of determining required parking, medical cannabis cultivation centers shall be classified as “industrial-manufacturing, research, testing” in accordance with section 11-12-4, table 4, “Required Parking Spaces For Nonresidential And Nonlodging Uses”, of this title.

      5.   Petitioner/applicant shall file an affidavit with the City affirming compliance with this section as provided herein and all other requirements of the Act.

   E.   Medical Cannabis Dispensing Organization: In those zoning districts in which a medical cannabis dispensing organization may be located, the proposed facility must comply with the following regulations:

      1.   Facility may not be located within one thousand feet (1,000') of the property line of a pre- existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocation/trade centers shall not be classified as a public or private school for purposes of this section.

      2.   Facility may not be located in a building or structure which is also utilized as a dwelling unit or on a property which contains a building or structure which is utilized as a residential dwelling.

      3.   For purposes of determining required parking, medical cannabis dispensing organizations shall be classified as “other retail and personal service” in accordance with section 11-12-4, table 4, “Required Parking Spaces For Nonresidential And Nonlodging Uses”, of this title, unless the medical cannabis dispensing organization is located within a shopping center, as defined in section 11-3-1 of this title, and in this instance shall comply with the off street parking and loading requirements for “shopping centers” in accordance with section 11-12-4, table 4, “Required Parking Spaces For Nonresidential And Nonlodging Uses”, of this title.

      4.   Petitioner/applicant shall file an affidavit with the City affirming compliance with this section as provided herein and all other requirements of the Act.

(Ord. 14-1094)

   A.   Adult-Use Cannabis Business Establishments:

      1.   Intent And Purpose: It is the intent and purpose of this section to protect the health, safety, welfare and morals of the citizens of the City by regulating the cultivation, processing and dispensing of adult-use cannabis occurring within the City. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the State or local regulations shall apply.

      2.   General Standards:

         a.   The minimum distance between any Adult-Use Cannabis Dispensing Organization and the property line of a pre-existing Adult-Use Cannabis Dispensing Organization shall be one thousand five hundred feet (1,500').

         b.   The minimum distance between any Adult-Use Cannabis Dispensing Organization and the property line of a pre-existing public or private nursery school, preschool, primary or secondary school shall be one thousand feet (1,000'). Learning centers and vocational/trade centers shall not be classified as a public or private schools for purposes of this section.

      c.   A maximum of one (1) Adult-Use Cannabis Dispensing Organizations shall be permitted to be operating in the City at any one time.

         d.   At least seventy five percent (75%) of the floor area of any space occupied by an Adult-Use Cannabis Dispensing Organization shall be devoted to the activities of the Adult-Use Cannabis Dispensing Organization as authorized by the Cannabis Regulation and Tax Act.

         e.   Location:

            (1)   Adult Use Cannabis Dispensaries.

               (A)   Permitted Use. Adult-Use Cannabis Dispensaries shall be a permitted use on properties located next to a State Highway, or located in a Subdivision abutting a State Highway, and zoned C-3 Community Commercial District or C-5 Highway Commercial District.

            (2)   Cannabis Craft Grow, Cannabis Infuser Organizations, Cannabis Processing Organizations, and Adult-Use Cannabis Transporting Organizations.

               (A)   Permitted Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be a permitted use in the I-1 Industrial District, BP Business Park District, or when co-locating with a cannabis dispensary in the C-3 Community Commercial District or C-5 Highway Commercial District.

               (B)   Conditional Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be required to obtain a Conditional Use Permit to operate on property zoned C-5 Highway Commercial District unless co-locating with a cannabis dispensary.

         f.   Exceptions. No Cannabis Business shall be permitted to operate within the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480 or on Main Street from Crystal Lake Road to IL-31.

         g.   An adult-use cannabis business establishment may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

         h.   On-site consumption at any Adult-Use Cannabis Dispensing Organization of cannabis and/or any product containing cannabis is prohibited.

         i.   An adult-use cannabis business establishment shall file an affidavit with the City affirming compliance with all requirements of the Cannabis Regulation and Tax Act.

(Ord. 21-38, 7-19-2021; amd. Ord. 22-68, 11-7-2022)

   A.   Vape Stores And Accessory Use Of Vaping Products:

      1.   Principal Use: Vape stores may be established as a principal use only in the C-5 Highway Commercial Zoning District as specified by this section after obtaining a tobacco license.

      2.   Accessory Use: Vaping products may also be sold as an accessory use in all Commercial Zoning Districts so long as: a) the vaping products display and storage utilize less than two percent (2%) of the gross floor area of the authorized principal structure or two hundred (200) square feet, whichever is less; b) they are customarily and traditionally incidental to the principal use, such as in the case of a grocery store, convenience store, or similar retail use; and c) a tobacco license is obtained prior to the sale and/or distribution of any vaping products.

      3.   Minimum Distance Between Two Vape Stores: The minimum distance between any two (2) vape stores shall be one thousand feet (1,000'), as measured from front door to front door.

      4.   Minimum Distance Between Vape Store And Child Related Establishment: The minimum distance between any vape store and any lot, premises or building used primarily as a school, child care facility, or for the education or recreation of children under eighteen (18) years of age shall be one thousand feet (1,000'), as measured from the front door to the front door.

(Ord. 19-1209, 10-7-2019)

   A.   Applicability: The following standards apply to outdoor storage as an accessory to a non-residential use. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions.

      1.   All outdoor storage shall be paved with asphalt or concrete unless determined by the Zoning Administrator to not be necessary.

      2.   Outdoor storage is prohibited within the required front and corner side yard setback of the underlying zoning district.

      3.   All materials stored onsite shall be related to a permitted use of the property and shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator.

      4.   No required parking area can be used for outdoor storage.

      5.   Outdoor storage areas shall be reasonably screened from view off the property by any combination of buildings, solid fencing, or solid landscaping.

         a.   The fencing or landscaping shall have a minimum height of six feet (6') at the time of installation. Storage is prohibited outside the screened area.

         b.   The Zoning Administrator may require the installation of fencing in addition to solid landscaping.

         c.   Storage exceeding six feet (6') shall require review by the Zoning Administrator who may give consideration to the type of materials being stored and the impact of the visibility on the adjacent and surrounding property owners. The Zoning Administrator may approve, approve with conditions, or deny requests for outdoor storage in excess of six feet (6') in height.

(Ord. 21-3, 1-18-2021; amd. Ord. 23-8, 2-6-2023)

   A.   No more than two (2) hives shall be kept or maintained on every parcel or lot of land under ten thousand (10,000) square feet in area; provided that for every ten thousand (10,000) square feet in excess of ten thousand (10,000) square feet, there may be one additional hive.

   B.   No hive shall be kept or maintained within twenty five feet (25') of any property line of the lot or parcel upon which it is situated and no hives are permitted in the front yard or corner side yard. Where a hive is placed within twenty five feet (25') of the property line, a six-foot (6') high barrier or vegetated fence is required to direct the bees flight upward or the hive must be raised six feet (6') high, such as on a roof.

   C.   Hive entrances shall be oriented so as to direct bee flight away from the vicinity of patios, decks, balconies or entrances to living spaces on adjoining properties.

   D.   A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

   E.   No Africanized bees may be kept on the property.

   F.   All colonies shall be managed to promote gentleness and mitigate swarming. Any colony exhibiting aggressive behavior without provocation shall be immediately destroyed or re-queened by the beekeeper with a queen bred for gentleness and non-swarming characteristics.

   G.   Proof of registration of the colonies with the State of Illinois Department of Agriculture must be provided.

(Ord. 23-32, 6-5-2023)

   A.   Permitted Use: Drive-In Establishments shall be a permitted use in the C-3 Community Commercial District and C-5 Highway Commercial District when not abutting a residential district.

   B.   Conditional Use Permit Required: Where a Drive-In Establishment is adjacent to a residential property, or located within the C-2 Neighborhood Commercial District or C-4 Downtown Commercial District, or if any of the provisions of this Ordinance have not been met as determined by the Zoning Administrator, a Conditional Use Permit shall be required.

   C.   Drive-through windows and lanes placed between the right-of-way of a street and associated building shall require landscape plantings installed and maintained along the entire length of the drive-through lane, located between the drive-through lane and the adjacent right-of-way (not including an alley) in accordance with § 11-13-2 Parking Lot Perimeter Landscaping.

   D.   Stacking Spaces.

      1.   Estimates of anticipated drive-through traffic, processing rates, or other operational data from other existing comparable facilities shall be provided.

      2.   Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise distinctly delineated.

      3.   Stacking spaces and lanes for drive-through stations shall not impede on and off-site traffic movement, shall not cross or pass through off street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building.

(Ord. 25-21, 4-7-2025)