Mettawa City Zoning Code
ARTICLE VIII
ON-SITE DEVELOPMENT STANDARDS
SECTION 15.801. GENERAL REQUIREMENTS.
A. No structure may be erected, converted, enlarged, reconstructed or altered, except In conformity with the regulations of the district in which the structure is located.
B. In the commercial districts and the OS District, there may be more than one principal building on a lot. All structures must comply with all dimensional standards of the zoning district.
C. Required open space:
1. All yards and other open spaces allocated to a building or planned unit development must be located on the same lot as such building.
2. No legally required yards or other open space or minimum lot area allocated to any building may by virtue of change of ownership or for any other reason be used to satisfy yard or other open space or minimum lot area requirements for any other building or development on a contiguous lot or parcel.
3. The maintenance of yards, courts, and other open spaces and minimum lot area legally required for a building are a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence.
D. No structure can exceed a height of three feet above the street grade within 25 feet of the centerlines of the intersecting street lines bordering corner lots.
E. The Lake County Watershed Development Ordinance, as most recently amended by Lake County, is hereby adopted by reference and is in full force and effect within the Village of Mettawa and is found in its own compilation.
F. All signs must be in conformance with Chapter 10 of the Village Code.
(Ord. 885, passed 11-21-2023)
SECTION 15.802. ACCESSORY STRUCTURES AND USES.
All accessory structures and uses are subject to the requirements of this section and the permitted encroachment requirements of Section 15.803. Additional accessory structures not regulated in this section may be regulated in Section 15.803. Accessory uses not provided in Section 15.802 or 15.803 are prohibited.
A. General Regulations.
1. No accessory structure may be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
2. The total floor area of all detached accessory structures on a lot in the residential districts is limited as follows:
a. In the R-1 District, no more than 3% of the total lot area.
b. In the R-2 District, no more than 5% of the total lot area.
3. The total floor area of all detached accessory structures on a lot in the non residential districts are subject to the maximum coverage limitation of the district.
4. Any detached accessory structure that has a gross floor area of more than 2,000 square feet requires a special use permit.
5. The maximum height of any accessory structure is 30 feet, unless otherwise permitted or restricted by this Chapter.
B. Amateur (HAM) Radio Equipment.
1. Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance criteria as set forth in Section 15.805 below are permitted only in the rear yard, and must be located 20 feet from any lot line and any principal building. Tower height is permitted by-right to the maximum building height of the district, unless a taller tower is necessary to engage successfully in amateur radio communications. When a tower exceeds the district height limit, special use approval is required.
2. Antennas may be building-mounted and are limited to a maximum height of ten feet above the structure, unless a taller antenna is necessary to engage successfully in amateur radio communications. When an antenna exceeds the district height limit, special use approval is required.
3. When an antenna or tower is proposed to exceed the height limitations, the operator must provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna will not prove a hazard and that it conforms to all applicable performance criteria of Section 15.805. As part of the special use application, the applicant must submit a site plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and accessory structures.
C. Carport.
1. Carports must be located over a paved surface and accessed by a driveway.
2. A carport is permitted only in the interior side, corner side, or rear yard.
3. Carports must meet the corner side setback, and must be located 20 feet from a lot line in the interior side or rear yard. No carport may be located in front of the front building line.
4. The total length of a carport is limited to 22 feet. The height of a carport is limited to 20 feet.
5. A carport must be open on at least three sides except for the necessary supporting columns and customary architectural features.
6. A carport must be constructed as a permanent structure. Temporary tent structures are not considered carports.
D. Coldframe Structures.
1. Coldframe structures are permitted in the interior side, corner side, and rear yards and must be 20 feet from any lot line.
2. Coldframe structures are limited to six feet in height.
3. Coldframe structures are limited to a maximum square footage of 120 square feet.
E. Electric Vehicle Charging Station.
1. Public commercial electric vehicle charging stations are permitted as an accessory use within any public parking lot, public parking structure, or gas station in non-residential districts.
2. Each public charging station space must be posted with a sign indicating the space is only for electric vehicle charging purposes. Days and hour of operations must be included if time limits of tow away provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information must be posted.
3. Charging station equipment must be maintained in good condition and all equipment must be functional. Charging stations no longer in use must be immediately removed.
F. Exterior Lighting.
1. Maximum Lighting Regulations.
a. The maximum allowable footcandle at the lot line is one footcandle in commercial districts and 0.5 footcandle in residential districts.
b. When additional security lighting is required for security reasons in excess of the footcandle limit imposed by item a. above, additional lighting may be allowed with a special use approval.
c. No glare onto adjacent properties is permitted.
2. Freestanding Luminaire Standards.
a. Cut Off Standards.
i. To be considered a cut off luminaire, the cut off angle must be 75 degrees or less.
ii. The maximum total height of a freestanding cut off luminaire is 20 feet.
iii. A cut off luminaire must be designed to completely shield the light source from an observer 3.5 feet above the ground at any point along an abutting lot line.
b. No Cut Off Standards.
i. A luminaire is considered to have no cut off if it is unshielded or has a cut off angle greater than 75 degrees.
ii. The maximum permitted total height of a freestanding luminaire with no cut off is 12 feet.
3. Exceptions to Lighting Standards.
a. Luminaires used for public roadway illumination are not controlled by this Chapter.
b. All temporary emergency lighting required by public safety agencies, other emergency services, or construction are exempt from the requirements of this Chapter.
c. Holiday and seasonal lighting designs are not subject to the requirements of this Chapter.
d. Certain temporary uses may use lighting that does not meet the requirements of this section. When such temporary uses are allowed, approval of lighting design is part of the temporary use approval.
4. Prohibited Lighting.
a. Flickering or flashing lights are prohibited.
b. Searchlights, spotlights, laser source lights, or any similar high intensity lights are prohibited.
c. Neon or LED lighting to outline doors, windows, architectural features, and building facades is prohibited.
G. Fences and Walls. All fences and walls must be in conformance with Chapter 9 of the Village Code.
H. Home Occupations.
1. The home occupation must be conducted by the occupant or occupants residing in the dwelling. No outside employees are permitted.
2. Home occupations are permitted in any dwelling unit as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling for residential purposes and does not change the character of the dwelling unit or adversely affect the surrounding residential district of which it is a part.
3. A home occupation may be conducted in a detached accessory structure, however any required parking spaces that may be located within such detached accessory structure must be maintained as parking spaces.
4. Home occupations of an office or service-related businesses with client visits are limited to one client at a time per home occupation in the structure. Such client visits must be by appointment only.
a. For purposes of this section, CLIENT means one or more persons meeting with the home occupation owner for the office or service-related business home occupation at an appointed time.
b. For the purposes of this section, CLIENT does not mean regular meetings of sales associates or a similar category of employee.
5. No alteration of the principal building may be made that changes the residential character of that dwelling. Displays or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.
6. No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.
7. The home occupation and all related activity, including storage, must be conducted completely within the principal building or a permitted accessory structure.
8. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted and/or hazardous materials may be used or stored on the site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.
9. The home occupation cannot create greater vehicular or pedestrian traffic than is average for a residential area. The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way.
10. The following are prohibited as part of a home occupation:
a. All home occupations are subject to the restrictions on commercial vehicles of Section 15.906.A. The storage of any heavy equipment, such as construction equipment used in a commercial business, is also prohibited.
b. Day care homes are prohibited as a home occupation.
c. Repair and service of any vehicles or any type of machinery, small or heavy, is prohibited.
d. Rental services, where any materials for rent are stored on-site and customers visit the residence to pick-up and return the product, is prohibited.
e. The business of firearm sales or transfers is prohibited.
f. Kennels are prohibited as a home occupation.
I. Mechanical Equipment. Mechanical equipment includes heating, ventilation, and air conditioning (HVAC) equipment, electrical generators, and similar equipment. These requirements do not apply to window air conditioning units or satellite dishes. These regulations do not apply to window air conditioning units.
1. Ground-Mounted Equipment.
a. Mechanical equipment is permitted in the interior side or rear yard only. No mechanical equipment is allowed in a required setback.
b. Ground-mounted mechanical equipment in the interior side yard, if visible from the street, must be screened from view by a decorative wall, solid fence, or landscaping that is compatible with the architecture and landscape of a development site. The wall, fence, or plantings must be of a height equal to or greater than the height of the mechanical equipment being screened.
2. Roof-Mounted Equipment. For roof-mounted equipment, there must be either a parapet wall to screen the equipment or the equipment must be housed in solid building material that is architecturally integrated with the structure.
J. Refuse Containers and Dumpsters.
1. Residential refuse containers are prohibited in the front yard. For those stored outdoors in an interior side or corner side yard, refuse containers must be stored within an enclosure comprised of a sight-proof screen composed of non-deciduous planting or a solid fence or wall.
2. Dumpsters for non-residential uses are prohibited in the front or corner side yard. No dumpsters may be located on any right-of-way. Enclosures are required for dumpsters, constructed as follows:
a. All refuse and recycling containers must be fully enclosed on three sides by a solid fence, wall, or wall extension of the principal building a minimum of six feet and a maximum of seven feet in height. The wall or wall extension must be constructed as an integral part of the building's architectural design.
b. The enclosure must be gated. Such gate must be solid and a minimum of six feet and a maximum of seven feet in height. The gate must be maintained in good working order and must remain locked except when refuse/recycling pick-ups occur.
c. Refuse and recycling containers must remain in the enclosure with the gate closed and/or locked.
3. Refuse from building or construction operations must be disposed of in dumpsters. Such dumpsters cannot be located across public curbs or parkways. Dumpsters are not allowed to stand unused at any site for longer than 30 days. Overflow within dumpsters is prohibited.
K. Satellite Dish Antennas.
1. General Requirements.
a. Satellite dish antennas must be permanently installed on a building, in the ground, or on a foundation, and cannot be mounted on a portable or movable structure.
b. Subject to operational requirements, the dish color must be of a neutral color, such as white or grey. No additional signs or advertising is permitted on the satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer.
c. Antennas no longer in use must be immediately removed.
d. Satellite dish antennas must be installed in locations that are not readily visible from neighboring properties or from the public right-of-way.
2. Additional Standards for Large Satellite Dish Antennas. Large satellite dish antennas, which are greater than one meter (3.28 feet) in diameter, are subject to the general requirements above as well as the following requirements:
a. Large satellite dish antenna are permitted only in the rear yard and must meet all required setbacks.
b. Roof-mounting is permitted only if the satellite dish antenna is entirely screened from public view along the right-of-way by an architectural feature.
c. A large satellite dish antenna must be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes a solid fence or wall or non-deciduous planting located to conceal the antenna and its support structure. Plants must be a minimum of five feet tall at the time of installation.
L. Solar Panels.
1. Solar panels may be building-mounted or freestanding, subject to the regulations of this section.
2. Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.
3. A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.
a. On pitched roof buildings, the maximum height a roof-mounted solar panel may rise is 18 inches.
b. On flat roofed buildings, the roof-mounted solar panel system is limited to a maximum height of six feet above the surface of the roof. Roof-mounted solar energy systems are excluded from the calculation of building height.
c. Wall-mounted solar panels may project up to four feet from a building facade and must be integrated into the structure as an architectural feature. Wall-mounted panels cannot encroach more than three feet into a required setback.
4. A freestanding solar energy system is permitt ed in the rear yard only and must meet the following standards:
a. A freestanding solar energy system cannot be located in any required setback.
b. The system is limited to a maximum of 25 feet in height, measured to the highest point of the structure including the solar panel.
c. Only the area directly beneath the solar panel is counted toward total impervious surface coverage.
M. Recreational Court (Private).
1. The recreational court is intended and is used solely for the enjoyment of the occupants of the property on which it is located and their guests.
2. A recreational court is permitted only in the rear yard and must meet all setback requirements of the district.
(Ord. 885, passed 11-21-2023)
SECTION 15.803. PERMITTED ENCROACHMENTS.
An encroachment is the extension or placement of an accessory structure or architectural feature into a required setback. Permitted encroachments are indicated in Table 8-1: Permitted Encroachments into Required Setbacks. Section 15.802 contains regulations on additional accessory structures and architectural features not listed in Table 8-1 below, which may include additional permissions or restrictions for their permitted encroachment into required setbacks.
Front Setback | Corner Side Setback | Interior Side Setback | Rear Setback | |
Accessibility Ramp | Y | Y | Y | Y |
Air Conditioner Window Unit Max. projection of 18' from building wall | Y | Y | Y | Y |
Arbor, Trellis-Attached | Y | Y | Y | Y |
Arbor, Trellis-Detached | N | N | N | Y |
Awning or Sunshade Max. of 3' into setback | Y | Y | Y | Y |
Bay Window Max. of 5' into any setback Mln. of 24" above ground | N | Y | Y | Y |
Chimney Max. of 18" into setback | N | Y | Y | Y |
Eaves Max, of 3'into setback | Y | Y | Y | Y |
Flagpole Max. height of 40' Min. of 20' from any lot line | Y | Y | N | Y |
Lawn Decorations, Exterior Lighting | Y | Y | Y | Y |
Playground Equipment Prohibited in front of front building line Min. of 20' from any lot line | N | N | N | Y |
Porch - Unenclosed Max. of 5' into front or corner side setback (Enclosed porches are considered part of the principal structure) | Y | Y | N | N |
Retaining Wall Min. of 5' from any lot line | Y | Y | Y | Y |
Sills, belt course, cornices, and ornamental features Max. of 3'into setback | Y | Y | Y | Y |
Steps & Stoops Max. of 4' into setback | Y | Y | Y | N |
(Ord. 885, passed 11-21-2023)
SECTION 15.804. TEMPORARY USES.
A. Temporary Use Permit.
1. Purpose. A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are not regulated by this section. Temporary uses cannot include the construction or alteration of a permanent structure.
2. Initiation. A property owner, or person expressly authorized in writing by the property owner, may initiate a temporary use permit application,
3. Authority. The Zoning Administrator will review and make final decisions on temporary use permit applications.
4. Procedure. All applications for temporary use permit must be filed with the Zoning Administrator, The Zoning Administrator will render a decision on the temporary use permit within 30 days of the date the application is deemed complete. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.
5. Expiration. The temporary use permit is valid only for the time period granted as part of the approval.
B. General Standards. All temporary uses must be evaluated against the following standards, as well as any standards specific to the temporary use per item C. below:
1. The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.
2. If required by the Village, the operator of the temporary use must employ appropriate security personnel.
3. The temporary use does not conflict with another previously authorized temporary use.
4. The temporary use provides adequate parking if needed, if located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.
C. Permitted Temporary Uses. The following temporary uses are permitted subject to the standards for each and the standards of item B. above. A temporary use permit is required unless the standards specifically state otherwise.
1. Residential Real Estate Development Sales Office and Model Unit.
a. Model Home.
i. The model home must be associated with the sale or rental of homes within the development in which it is located.
ii. A model home must be closed after 90% of the lots or units are sold and/or rented.
b. Residential Real Estate Development Sales Office.
i. A development is limited to one temporary stand-alone real estate sales office, which cannot exceed 1,000 square feet in gross floor area and cannot be located in any required setback.
ii. All standalone real estate sales offices must be closed and removed within 30 days after the sale or rental of the last unit of the development.
2. Temporary Contractor's Office and Contractor's Yard.
a. A temporary contractor's office is allowed incidental to a construction project and must be located upon the same lot as the construction project.
b. The temporary contractor's office must be removed within 30 days of completion of the construction project.
3. Temporary Outdoor Entertainment - Public Events.
a. Temporary outdoor entertainment - public event is permitted in association with a place of public assembly in the residential district, and in association with any use in the commercial districts and OS District.
b. A management plan is required as part of the temporary use permit application that demonstrates the following:
i. The on-site presence of a manager during the event.
ii. General layout of performance areas, visitor facilities, such as any seating areas and restrooms, parking areas, and all ingress and egress points to the site.
iii. Provision for waste removal and for recycling, if available.
iv. The days and hours of operation, including set-up and take-down times.
v. A description of crowd control and security measures, including noise control measures.
vi. A lighting plan describing all temporary lighting to be installed.
c. Any temporary structures must be removed within three days of conclusion of the event.
d. Events are limited to three events per calendar year and a maximum duration of two days per event, with a minimum of 30 days between events. This limitation applies to the lot, not the operator of the temporary use.
4. Temporary Outdoor Storage Container.
a. Temporary storage containers are permitted in any zoning district when used for loading or unloading of the property located on the site. Containers are permitted on site for a period not to exceed ten days with no temporary use permit. If a longer time period is required, a temporary use permit is required and the timeframe will be determined as part of the temporary use permit approval. There must be a minimum of 30 days between periods of a temporary storage container placed on-site.
b. Temporary storage containers may not be used for permanent storage. They may not serve as a substitute for permanent storage needs on the site on which they are located. Containers may not be permanently attached to the ground, serviced with permanent utilities, or stacked on the site.
c. Temporary storage containers cannot be placed in the public right-of-way or placed on a lot to block ingress/egress or impede right-of-way traffic.
d. Temporary storage containers for residential uses may be placed in a driveway only but cannot block the right-of-way, including sidewalks. No temporary storage containers may be placed within any yard.
(Ord. 885, passed 11-21-2023)
SECTION 15.805. PERFORMANCE STANDARDS.
All uses must comply with the performance standards established in this section unless any federal, state, or local law, ordinance, or regulation establishes a more restrictive standard, in which case, the more restrictive standard applies.
A. Noise. No activity or use can be conducted in a manner that generates a level of sound that violates Village nuisance ordinances related to noise.
B. Glare and Heat. Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines.
C. Vibration. No earthborne vibration from the operation of any use may be detectable at any point off the lot on which the use is located.
D. Dust and Air Pollution. Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscape, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.
E. Discharge and Disposal of Radioactive and Hazardous Waste. The discharge of fluid and the disposal of solid radioactive and hazardous waste materials must comply with applicable federal, state, and local laws, and regulations governing such materials or waste. Radioactive and hazardous material waste must be transported, stored, and used in conformance with all applicable federal, state, and local laws.
F. Electromagnetic Interference. Electromagnetic interference from any operation of any use must not adversely affect the operation of any equipment located off the lot on which such interference originates.
G. Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the public health and welfare, or which interferes unreasonably with the comfort of the public, must be removed, stopped, or modified so as to remove the odor.
H. Fire and Explosion Hazards. Materials that present potential fire and explosion hazards must be transported, stored, and used only in conformance with all applicable federal, state, and local regulations.
(Ord. 885, passed 11-21-2023)