No building, structure or premises shall be used or occupied except in conformity with the regulations for the zoning district in which it is located. No building or structure shall be erected, reconstructed, extended, enlarged, altered or moved except in conformity with the regulations of the zoning district in which it is located. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Assisted Living Facility And Adult Daycare Centers: Assisted living facilities and adult daycare centers shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be considered:

      1.   The provision of adequate on site drop off zones, sidewalks and exterior lighting for the safety of residents and other pedestrians.

      2.   The safety of the neighborhood, and the amount of traffic or noise to be generated.

      3.   The provision of adequate open space.

      4.   The extent to which the design of the building is compatible with the surrounding neighborhood.

      5.   Each operator shall make available to the village fire department and police department, upon request, a list indicating the names, addresses and phone numbers of all adults being cared for in the assisted living facility or adult daycare center.

   (B)   Community Residence, Small Or Large: Small or large community residences shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be considered:

      1.   The cumulative effect of such uses will not alter the residential character of the neighborhood.

      2.   The facility shall retain a residential, rather than institutional, character.

      3.   The operation of the facility shall not adversely impact surrounding properties.

      4.   Each operator shall make available to the village fire department and police department, upon request, a list indicating the names, addresses and phone numbers of all adults or children being cared for in the community residence.

   (C)   Cultural Facilities, Indoor And Outdoor Recreation, And Indoor And Outdoor Amusement: Cultural facilities, indoor and outdoor recreation, and indoor and outdoor amusement uses shall be designed in such a manner that the location of entrances, exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, hazards to pedestrians, and adverse impacts on adjoining properties.

   (D)   Child Daycare Center: Child daycare centers shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be considered:

      1.   Each daycare center shall comply with all applicable building, zoning, fire, and other health and safety regulations of the village.

      2.   No daycare center may operate unless the operator possesses a valid daycare center license issued by the state of Illinois and a state fire marshal approval permit, if applicable. The valid licenses and permit shall be prominently displayed within the daycare facility at all times.

      3.   Each operator shall make available to the village fire department and police department, upon request, a list indicating the names, addresses and phone numbers of all children being cared for in the child daycare center.

      4.   All child daycare centers shall provide an on site, or immediately adjacent, outdoor play area, of adequate size to meet state licensing requirements. This outdoor play area shall either be located on the same site as the daycare center or on an abutting park site, or other site maintained as a permanent play area, determined to be acceptable by the village board. In no case shall required parking spaces be converted, or used, to meet the outdoor play area requirement.

      5.   All daycare centers shall provide parking and loading facilities which will minimize traffic congestion, hazards to pedestrians, and adverse impacts on adjoining properties.

   (E)   Child Daycare Homes: Child daycare homes shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be considered:

      1.   Each daycare home shall comply with all applicable building, zoning, fire, and other health and safety regulations of the village.

      2.   No daycare home may operate unless the operator possesses a valid daycare home license issued by the state of Illinois and a state fire marshal approval permit, if applicable. The valid licenses and permit shall be prominently displayed within the daycare home during hours of operation.

      3.   Each operator shall make available to the village fire department and police department, upon request, a list indicating the names, addresses, and phone numbers of all children being cared for in the daycare home.

      4.   All child daycare homes shall provide parking and loading facilities which will minimize traffic congestion, hazards to pedestrians, and adverse impacts on adjoining properties.

   (F)   Bed And Breakfast Establishments: Bed and breakfast establishments shall comply with the following requirements:

      1.   The use shall be an accessory use located within a single- family detached dwelling.

      2.   Guestrooms shall not have been specifically constructed for rental purposes and shall not include cooking facilities.

      3.   A maximum of four (4) bedrooms may be provided for registered guests and no other bedrooms shall be used by other roomers, borders or guests.

      4.   The maximum stay by any guest shall be limited to seven (7) days.

      5.   All required guest parking shall be provided on site.

      6.   Any signage shall comply with chapter 14, "Signs", of this title.

      7.   The building shall comply with all applicable building, zoning, fire, and other health and safety regulations of the village.

   (G)   Drive-Through Facility: Drive-through facilities shall provide adequate stacking spaces, in accordance with chapter 12, "Off Street Parking And Loading", of this title. In addition, all drive-through lanes shall be configured so as not to interfere with vehicle circulation on the site. The volume on all intercom menu displays shall be maintained at a level so as not to create a public nuisance for adjoining residential districts. The operator shall provide adequate on site outdoor waste receptacles and shall provide daily litter cleanup along the rights of way abutting the property.

   (H)   Outdoor Cafe: An outdoor cafe, accessory to a restaurant, shall be a permitted or special use, subject to the following:

      1.   Outdoor cafes shall be a permitted use in all business districts when located within the front yard, corner side yard or interior side yard, provided it does not abut a residential district. Outdoor cafes shall be special uses in all business districts when outdoor seating is located in a side or rear yard that abuts a residential district. Outdoor cafes are permitted on a public sidewalk, subject to approval by the village board and compliance with all applicable health code standards.

      2.   Outdoor cafes that propose hours of operation beyond nine o'clock (9:00) P.M. shall be a special use.

      3.   The seating shall not interfere with the use of required parking spaces and aisles. The outdoor café must provide for pedestrian passage in accordance with the Americans with disabilities act, similar state laws and similar local ordinances.

      4.   Any property owner requesting outdoor seating on a public sidewalk shall provide proof of insurance, naming the village as additionally insured in the form and amount acceptable to the village attorney.

      5.   Outdoor cafes located along any state or county road must obtain the appropriate permits from the state of Illinois and/or Cook County prior to consideration by the village.

   (I)   Dwelling, Townhouse: All townhouse dwelling units shall be encouraged to be designed with garages at the rear of the units. In addition, curb cuts shall be minimized on arterial or collector streets through the provision of shared access, rather than individual driveways for each unit. Townhouse buildings shall be designed with a maximum of five (5) dwelling units in a row.

   (J)   Home Occupation: Home occupations are required to meet the following standards:

      1.   Only one nonresident of the premises may be employed to work at the premises.

      2.   No exterior building signs shall be permitted unless authorized by the sign regulations for the district.

      3.   No exterior storage or display of business equipment, materials, merchandise, inventory or heavy equipment shall be permitted.

      4.   The home occupation shall not generate excessive customer or delivery traffic, or excessive noise.

      5.   Motor vehicle repair is a prohibited home occupation.

      6.   Any business or occupation that utilizes hazardous substances, as defined by any federal or state law, or any county or local ordinance is a prohibited home occupation.

      7.   All home occupations shall be approved by the superintendent of buildings.

   (K)   Mobile Homes: Mobile homes are allowed only in areas of the village that have been specifically designated for such use by action of the village board.

   (L)   Motor Vehicle Service, Convenience: Convenience motor vehicle service establishments may not store vehicles outdoors overnight on the site unless the village board has granted a variation. Gas pumps shall be erected no closer than twenty feet (20') to any lot line and shall be located to serve vehicles standing entirely on the premises. In addition, such uses will comply with the following standards:

      1.   The use shall not create obstructions in traffic circulation on public streets.

      2.   The location of curb cuts shall be subject to approval by the village or the appropriate governmental jurisdiction. Curb cuts shall be limited, where possible, to minimize traffic hazards.

      3.   All repair operations shall be fully enclosed.

   (M)   Motor Vehicle Service And Repair, Major And Minor: Minor motor vehicle service and repair shops may not store vehicles outdoors on the site for longer than five (5) days. Major motor vehicle service and repair shops may not store vehicles outdoors on the site for longer than thirty (30) days. In addition, such uses will comply with the following standards:

      1.   The use shall not create obstructions in traffic circulation on public streets.

      2.   The location of curb cuts shall be subject to approval by the village or the appropriate governmental jurisdiction.

      3.   All repair operations shall be fully enclosed, and wrecked or junked vehicles shall not be stored for longer time periods than those specified above and shall be screened from the public right of way and any adjacent residential districts.

   (N)   Motor Vehicle Sales And Leasing, And Motorcycle Sales:

      1.   Motor vehicle sales and leasing operations shall have a minimum lot size of fifteen thousand (15,000) square feet. All outdoor sales and display areas shall be designed with a front landscaped yard with a minimum width of five feet (5').

      2.   Motorcycle sales shall be located within a showroom with no outside storage or display.

   (O)   Places Of Worship: Places of worship shall be designed in such a manner that the location of entrances, exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, hazards to pedestrians, and adverse impacts on adjoining properties.

   (P)   Planned Unit Development: See chapter 15, "Planned Unit Development", of this title, for standards pertaining to planned unit developments.

   (Q)   Wireless Communications Towers, Facilities And Antennas:

      1.   Purpose: The general purpose of this subsection is to regulate the placement, construction and modification of wireless communication towers, facilities and antennas in order to protect the public health, safety, comfort, convenience and general welfare, while at the same time not unreasonably interfering with the development of the competitive wireless communications marketplace in the village. Specifically the purposes are:

         (a)   To regulate locations of wireless communication towers and facilities in the village.

         (b)   To protect residential areas and land uses from potential adverse impacts of wireless communication towers and facilities.

         (c)   To minimize visual impacts of towers and facilities, and surrounding grounds through careful design techniques, landscaping and innovative camouflaging techniques.

         (d)   To promote and encourage shared use or collocation of wireless communication towers, facilities and antennas.

         (e)   To avoid potential damage to property caused by wireless communication towers and facilities by ensuring structures are carefully designed, constructed, modified, maintained and removed when no longer in use or are determined to be structurally unsafe.

         (f)   To ensure that wireless communication towers and facilities are compatible with surrounding land uses.

      2.   Permitted Locations:

         (a)   Subject to site plan approval, any wireless communication antenna shall be considered a permitted use. Prior to permitting such antenna, the petitioner must obtain a building permit from the superintendent of buildings. This includes placement of additional antennas or arrays on any freestanding tower or any preexisting antenna.

         (b)   A special use permit will be required for any wireless communication tower that is attached to an existing structure or building within any district.

         (c)   No tower shall be built, constructed or modified in the village unless it is capable of supporting a minimum of three (3) major carriers (PCS or cellular type).

      3.   Special Application Requirements: Each applicant requesting a special use permit under this section shall apply as set forth in section 11-2-16, "Special Uses", of this title. The supporting documents shall include a scaled site plan, a scaled elevation view, a color rendering of the tower and/or antenna and all facilities viewed from an adjacent street or streets, and other supporting drawings, calculations and other documentation, signed and sealed by the appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information as deemed by the governing authority to be necessary to assess compliance with this section. An application to develop a tower and facilities shall also include:

         (a)   The names, addresses and telephone numbers of the owner and lessee of the parcel of land where the tower and facilities are to be constructed.

         (b)   The name, address and telephone number of the proposed user of the tower and facilities.

         (c)   The legal description, tax ID number, and address of the parcel of land where the tower and facilities will be constructed.

         (d)   Names, addresses and phone numbers of all owners of towers or usable antenna support structures, and facilities within a one mile radius of the proposed site, including village owned property.

         (e)   A description of the design plan proposed by the applicant must identify its utilization of the most recent technology relating to design, including microcell design, as part of the new design plan.

         (f)   An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, attempts to install antenna on a collocation tower located within one mile of the proposed tower site. The affidavit must state who was contracted and why collocation was not possible.

         (g)   Names and telephone numbers of at least three (3) persons to be contacted in emergency maintenance situations must be supplied to the superintendent of buildings and updated annually.

         (h)   A written statement from a qualified engineer that the construction and placement of the tower and facilities will not interfere with public safety, communication, and the transmission or reception of radio/television and other wireless services by adjacent residential and nonresidential properties.

         (i)   Applicant shall submit color photo simulations showing proposed site of the tower and facilities with a photorealistic representation of the tower and facilities, as they will appear from all sides and adjacent roadways.

         (j)   Applicant shall be required to submit information on the proposed power density of the proposed facility and demonstrate how this meets FCC standards.

         (k)   The applicant must acknowledge that to secure the obligation, the applicant and/or owner of the communication facility shall post a bond in the amount of one hundred seventy five percent (175%) of the cost of dismantling the tower and facility. This cost will be determined by village engineers and be approved by the village board. The bond must last as long as the tower and facilities are standing. Periodic reviews of the bond will be examined by the village and the village may require the bond to be increased in order to ensure that the value of the bond is accurate in accordance with inflation or any increase in demolition costs.

         (l)   The applicant must identify to the village all tenants that collocate on their facility. Names, addresses and phone numbers must be provided to the village and permits will be required before said applicant can add any tenants to an existing site.

         (m)   Applicant must file eight (8) sets of all plans and any other required documents with the village for disbursement to proper departments.

         (n)   Maps and data of the search ring, and verification that the search ring is the only location that will support the needs of the said wireless communications provider's customers, must be submitted to the village.

         (o)   A copy of the lease agreement signed by the appropriate parties of the proposed site must accompany any application submitted to the village.

      4.   Additional Criteria For Wireless Communications Towers And Facilities: Factors considered in granting special use permits will be addressed by the zoning board of appeals and must be approved by the village board. The following factors will be considered in determining whether to issue a special use permit, although the village board may waive or reduce the burden on the applicant on one or more of these criteria if the village board concludes that the goals of this section are better served thereby:

         (a)   Height of the proposed tower.

         (b)   Proximity of the tower and facilities to residential structures or zoning districts.

         (c)   Nature of uses on adjacent and nearby properties.

         (d)   Surrounding topography.

         (e)   Surrounding tree coverage and foliage.

         (f)   Design of tower and facilities, with reference to design, appurtenances and structures that have the effect of reducing visual obtrusiveness.

         (g)   Proposed ingress and egress.

         (h)   Availability of towers suitable for collocation purposes.

      5.   Appearance:

         (a)   Freestanding wireless communication towers and their antenna shall be painted a neutral color to blend in with their surroundings. Towers and facilities shall be compatible in terms of architecture and site characteristics with surrounding land development.

         (b)   The village requires landscaping in order to enhance compatibility with adjacent land uses. A fence six feet (6') in height must be erected around the tower and facilities. Landscaping shall be installed on the outside of fencing. A fence and landscape plan must be submitted and approved by the superintendent of buildings as a condition of this section. The tower owner and/or tenant will be required to maintain all landscaping and provide maintenance as long as the tower and facilities are in existence.

         (c)   The board may include conditions on the site where the tower and facilities are to be located, if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and facilities, and to mitigate any adverse impacts that arise in connection with the approval of the tower and facilities.

         (d)   The parcel of land upon which the tower and facilities are located must provide access to at least one paved parking space on site.

         (e)   Ground level buildings that house communication infrastructure will require masonry construction on all sides.

         (f)   All support structures must be fitted with an anticlimbing device, as approved by the manufacturer.

         (g)   Tower shall not be artificially illuminated, except as required by the federal aviation administration (FAA).

         (h)   The exterior and interior of the operation shall be maintained in a professional manner, and the landlord and tenant shall police the area and keep it free from any debris. No signage, banners or advertising of any kind will be allowed on any portion of the site, including the tower, antenna, array, fencing, or any building, without village board approval. Appropriate permits will be taken out for all work.

         (i)   Adequate off street parking shall be provided for customers and employees of the landlord. No parking will be allowed on sidewalks, parkways or streets.

         (j)   No hazardous waste material shall be stored on said property or dumped in village or residential garbage depositories.

      6.   Maintenance:

         (a)   Owners shall at all times employ ordinary and reasonable care, and shall install and maintain nothing less than commonly accepted methods and devices for preventing failures or accidents which are likely to cause damage, injuries or nuisances to the public.

         (b)   Owners shall install and maintain towers, facilities and all other equipment in substantial compliance with the requirements of the national electrical safety code and all FCC, state and local regulations in such a manner that will not interfere with the use of other property.

         (c)   All wireless communication towers and facilities shall, at all times, be maintained in good condition, order and repair so as not to endanger the life of any property or any person.

         (d)   All maintenance or construction shall be performed by licensed maintenance and construction personnel.

      7.   Height: An application for approval of a wireless communication tower shall demonstrate that the tower does not exceed the minimum height requirement necessary to function satisfactorily. Under any circumstances, the wireless communications tower shall not exceed the following height restrictions:

         (a)   The maximum height of a freestanding tower shall not exceed one hundred fifty feet (150'), including all attachments (antennas, lightening rods, arrays, etc.). However, the applicant must demonstrate that the tower is the minimum height required to function satisfactorily.

         (b)   No wireless communications antenna or equipment shall increase the height of any structure on which it is mounted by more than ten percent (10%), or ten feet (10'), whichever is less.

      8.   Setbacks:

         (a)   Side Yard: All wireless communication towers and facilities shall be set back a minimum of one and one-half feet (11/2') from the side lot line for every one foot (1') in tower height.

         (b)   Rear Yard: All wireless communication towers and facilities shall be set back a minimum of one and one-half feet (11/2') from the rear lot line for every one foot (1') in tower height.

         (c)   Front Yard: All wireless communication towers and facilities shall be set back a minimum of one and one-half feet (11/2') from the front lot line for every one foot (1') in tower height.

         (d)   Measurements: Setbacks should be measured to the uppermost beacons, including attachments (antennas, lightening rods, arrays, etc.). Setback requirements for towers and facilities shall be measured from the base of the tower or facility to the property lines of the parcel of land on which it is located.

         (e)   Fall Zone: All wireless communication towers and facilities shall be set back a minimum of one and one-half feet (11/2') from all other site improvements for every one foot (1') in tower height, providing a clear fall zone.

      9.   Engineering:

         (a)   All carriers must submit RF data (radio frequency data), which supports their position for new tower construction. They must prove that no existing structure will allow for the coverage they need. The proof must be substantial.

         (b)   All new towers and facilities require a public notice. The carrier must notify all residents who will be impacted by the site within two hundred fifty feet (250') in all directions of the proposed site, excepting from the calculation of said two hundred fifty feet (250') from all public rights of ways.

         (c)   Any application requires a full public hearing to allow residents to review the application and make suggestions as to alternative locations.

         (d)   All towers must conform with electrical institute of America (EIA) and telephone institute of America (TIA) standards pertaining to wind and radial ice requirements in the state.

         (e)   All towers shall be certified by a licensed structural engineer to be structurally sound and in compliance with the requirements of the building code of the village and all other construction standards set forth by this title, and federal and state laws and regulations. This certification shall be submitted with an application and be recertified every three (3) years thereafter. The tower owner may be required to submit more frequent certifications should there be reason to believe that the structural or electrical integrity of the structure is in jeopardy. The village shall have authority to enter property between inspections and certifications required above to inspect the tower for building code violations and construction standards provided by this title, and federal and state laws and regulations. The village reserves the right to conduct such inspections at any time upon reasonable notice to the tower owner. All expenses related to such inspections by the village shall be paid for by the owner and/or tenant.

         (f)   All towers shall remain in, and maintain compliance with, current RF emissions standards of the FCC, and any and all regulations or standards that supplement or supersede the standards effective on the effective date hereof.

      10.   Modifications: Modifications to the requirements of this section may be approved by the zoning board of appeals, with final approval by the village board, as a special use, in accordance with the following guidelines. In addition to the requirements of the application, if any proposed modification of this section is requested, an application for modification must be filed and include the following:

         (a)   A description of how the plan addresses any adverse impact that might occur as a result of approving the modification.

         (b)   A description of off site or on site factors that mitigate any adverse impacts, which might occur as a result of the modification.

         (c)   A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by a licensed engineer and shall document the existence of the facts related to the proposed modifications and their relationship to surrounding rights of way and properties.

         (d)   For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower and facilities could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the results of such attempts.

         (e)   The zoning board of appeals or village board may require the application to be reviewed by an independent engineer under contract to the village to determine whether the study supports the basis for the modification requested. The cost of review by the village engineer shall be reimbursed to the village by the applicant.

         (f)   In the case of a requested modification to the setback requirements, the applicant must also demonstrate, with written evidence, that the setback requirement cannot be met on the parcel of land on which the tower and facilities are proposed to be located and the alternative is to locate to another site which is in closer proximity to other land uses. The zoning board of appeals shall consider the application for modification based on the following criteria:

            (1)   That the tower and facilities, as modified, will be compatible with, and not adversely impact, the character and integrity of surrounding properties.

            (2)   Off site or on site conditions exist which mitigate the adverse impacts, if any, created by the modification.

            (3)   In addition, the zoning board of appeals may include conditions on the site where the tower and facilities are to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and facilities, and mitigate any adverse impacts that might arise in connection with the approval of the modification.

      11.   Abandonment:

         (a)   If any tower and facilities shall cease to be used for a period of sixty (60) days, the village board shall notify the owner, with a copy to the applicant, that the site will be subject to termination. The owner will have thirty (30) days from receipt of said notice to show that the tower and facilities have either been in use or under repairs during that period. If the owner fails this request, the village board shall issue a final determination of abandonment for the site.

Upon written notice by the village to the owner of a determination of abandonment, the owner shall have sixty (60) days to dismantle and remove the tower and accompanying buildings and structures, and restore the property to a condition approved by the superintendent of buildings.

         (b)   If the owner fails to remove the tower and facility and restore the property, the tower owner will forfeit the bond as discussed in subsection (Q)3(k) of this section, and the village will remove the tower and facilities and restore existing land, but will not remove the part belowground. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   General Provisions: Every permitted temporary use shall comply with the limitations of this chapter. Except as expressly provided in this chapter, every temporary use shall comply with the bulk, space and yard regulations applicable in the zoning district in which the temporary use is located. Every temporary use shall comply with, and the village may impose, such other conditions as may reasonably be necessary to achieve the purposes of this title or to protect the public health, safety, comfort, convenience and general welfare. No temporary use shall be permitted in any zoning district if it would have a significant negative impact on any adjacent property or on the area as a whole in which it is located. Temporary uses not specifically listed here may be allowed in any zoning district, provided that such temporary use is consistent with the purpose and intent of this title and of the zoning district in which it is located. Any such temporary use shall require the specific prior approval of the village board. Every temporary use shall comply with all the requirements listed below:

      1.   No temporary use shall be permitted that causes, or threatens to cause, an on site or off site threat to the public health, safety, comfort, convenience and general welfare.

      2.   No temporary use shall be operated except in accordance with such restrictions and conditions as the fire department may require. If required by the village, the operator of the temporary use shall employ a fire watch team and appropriate security personnel.

      3.   No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.

      4.   No temporary use shall be authorized that would, in the opinion of the superintendent of buildings, unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The superintendent may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The superintendent shall approve such temporary use, only if such parking spaces are provided.

      5.   No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

      6.   Signs shall be permitted only in accordance with chapter 14, "Signs", of this title.

   (B)   Permitted Temporary Uses:

      1.   Farmers' Markets: Farmers' markets are allowed in any nonresidential district subject to the standards in title 5, chapter 14, "Farmers' Market", of this code.

      2.   Christmas Tree Sales: Christmas tree sales are allowed in any zoning district subject to approval by the village board and issuance of a temporary business permit.

      3.   Carnivals And Circuses: Circuses and carnivals are allowed in any zoning district subject to the standards in sections 5-2-3, "Carnivals, Parks, Menageries, Exhibitions", and 5-2-4, "Circuses", of this code.

      4.   Sidewalk Sales: Sidewalk sales are allowed in any nonresidential district subject to the standards in section 5-1-18, "Sidewalk Sales", of this code.

      5.   Indoor And Outdoor Arts, Crafts, And Plant Shows, Exhibits And Sales: Such sales are allowed in any zoning district. Any such use shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Every such sale, exhibit or show shall be limited to a period not to exceed three (3) days.

      6.   Garage And Yard Sales: Such sales are allowed in any residential district subject to the standards in section 5-4-37, "Garage Sales", of this code. Participation in the Midlothian annual reuse sale (MARS) is excepted from the permit requirement, but may be subject to other village requirements.

      7.   Temporary Contractor Trailers And Real Estate Model Units: Contractor trailers and real estate model units are allowed in any zoning district when accessory to a construction project or a new development, respectively. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project or the active selling and leasing of space in such development, respectively. No such use shall contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No such trailer, unit or office shall be used as the general office or headquarters of any firm. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Purpose: The purpose of this article is to protect and preserve the quiet enjoyment of residential properties and neighborhoods within the village and to mitigate or eliminate adverse secondary effects the Village and its residents may experience by reason of short term rentals of residential structures in the Village, including, but not limited to, excessive noise, litter, and light pollution; traffic congestion; overcrowded parking; and criminal activity.

   (B)   Definitions: For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

 

 

   (C)   Nuisance Declared: Short term rental units as defined in this article are hereby declared to be and shall constitute nuisances and may be abated accordingly pursuant to any and all available remedies.

   (D)   Short Term Rental Units Restricted; Exceptions:

      1.   Except as otherwise provided herein, leasing, renting, hiring out, licensing, or letting; offering or inviting the leasing, renting, hiring out, licensing, or letting; or otherwise permitting a short term rental unit or occupancy thereof for a period or term that is less than thirty (30) consecutive days shall be prohibited, and such conduct shall be prohibited, whether engaged in or participated in by the owner of the property, one or more agents of the property owner, or by any person leasing, or seeking to lease as a lessor, or renting or seeking to rent as lessee or otherwise occupy a premises, or part thereof, as tenant or temporary occupant thereof.

      2.   The term of any lease or occupancy agreement which has satisfied the minimum term required by this article may be extended on a month-to-month basis on the condition that the tenant or tenants remain the same.

      3.   The prohibition on short term rental units shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

      4.   The prohibition on short term rental units shall not apply to Bed and Breakfast businesses when permitted as a special use pursuant to Village Code Sections 11-5-2 and 11-9-2(F).

   (E)   Penalty:

      1.   Notwithstanding anything otherwise provided in this Code to the contrary, any person violating any provision of this article shall, upon conviction, be fined in an amount not less than one hundred dollars ($100.00) per day, nor more than seven hundred fifty dollars ($750.00) per day. Unless exempted by this article, each day a residential building, dwelling unit, or any accessory building, or part thereof, is offered for rent as a short term rental unit; is leased, rented, hired out, licensed, or let as a short term rental unit; or is occupied as a short term rental unit shall constitute a separate violation of this article. Without any limitation on the foregoing, each day a violation of this article occurs or continues shall be a separate offense, and each such offense shall be subject to not less than the minimum daily fine.

      2.   Except where otherwise permitted, the restrictions contained in this article shall be interpreted as minimum standards and shall be in addition to any other applicable Village Ordinances and requirements that apply to short term rental units or the properties on which they are located. (Ord. 2090, 12-22-2021)