A.   General: Accessory uses and structures are allowed in the various districts, subject to any particular limitations therein, and provided they shall be:

 

   A.   Fences Generally:

      1.   Zoning Certificate: No fence shall be erected or substantially altered in the village without first being issued a zoning certificate pursuant to section 9-4-1 of this title.

      2.   Enforcement: Any fence erected, being erected, or being maintained contrary to the provisions of this section shall be deemed a violation of this title and shall be subject to the enforcement provisions of chapter 19 of this title.

      3.   Fence Type Permitted: The following fences are authorized:

         a.   Decorative Fences: The following fences shall be considered decorative fences:

            (1)   Split Rail Fences: A fence comprised of two (2) or three (3) horizontal rails supported on vertical posts not to exceed forty eight inches (48") in height above grade.

            (2)   Picket Fences: A fence comprised of vertical members, the width of the space between vertical members being equal to or greater than the width of the vertical member itself, and with a height not exceeding forty eight inches (48").

            (3)   Other Fences: The zoning official may approve other decorative fences, however, chainlink fences shall not be considered decorative fences.

         b.   Hazard Enclosures: This fence is intended to enclose excavations or other hazardous conditions. This fence must be a minimum of forty eight inches (48") high with the mesh material spaced close enough to prevent children and animals from entering. All gates shall be equipped with childproof latches.

      4.   Fences Permitted Generally:

         a.   Residential Zones:

            (1)   All front yard fences shall be decorative fences. On corner lots, front and exterior side yard fences shall be decorative fences. (Ord. 2000-O-005, 2-14-2000)

            (2)   In exterior side yards decorative fences may be permitted to a height not to exceed sixty inches (60") when necessary to provide protection for a swimming pool from uncontrolled access by children. (Ord. 2018-O-013, 6-11-2018)

            (3)   Fences located in side and rear yards may not exceed six feet (6') in height above grade.

            (4)   Where a residentially zoned property is located adjacent to a commercial, industrial, or office use or district, then the fence located along the property line adjacent to such use may be a height of eight feet (8'). (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2018-O-013, 6-11-2018)

         b.   Nonresidential Zones:

            (1)   Fences in commercial, office, and special zones may not exceed a height of six feet (6') and fences in industrial zones may not exceed a height of eight feet (8').

            (2)   In all nonresidential zones, no fence, other than a decorative fence, shall be permitted in the required front yard or exterior side yard of any property.

      5.   Public Streets, Highways, Or Alley Rights-Of-Way: No private fences shall be allowed or constructed on public streets, highways, or alley rights-of-way. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground, or overground utilities. The Village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of said easement. Fences in violation of this subsection may be summarily removed by the Village pursuant to chapter 19 of this title.

      6.   Barbed Wire Fences: The regulations for barbed wire or barbed wire fences shall be as follows:

         a.   Residential Zones: No barbed wire or barbed wire fences shall be allowed on private property in residential zones or on lots in any zone being used for single- or multiple-family dwelling purposes.

         b.   Nonresidential Zones:

            (1)   No barbed wire or barbed wire fences shall be allowed on private property in nonresidential zones where the property lines of such property abut lots or parcels zoned or being used for residential purposes or on fences in front yards.

            (2)   The top one foot (1') of any fence along side or rear lot lines in these nonresidential zones may be constructed of barbed wire.

            (3)   Barbed wire shall not be used, installed, or constructed on fences fronting on any street. However, the Village, public utilities, the park district, school districts, golf courses, the United States government, and owners of property on which hazardous operations exist, after first obtaining permission of the Village Board, may erect barbed wire along fences fronting on public streets or abutting residential property which otherwise conforms to this section.

      7.   Prohibited Materials: No fences shall be constructed of material obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades, and sharp or ragged metal spikes or spears. Barbed wire may be used only as authorized in subsection A6b(3) of this section.

      8.   Construction: All fences shall be constructed in conformity with the wind, stress, foundation, structural, and other requirements of the Building Codes and ordinances of the Village. All fence posts and support framework shall face the interior of the property upon which such fence is located. All chainlink fences must be at a minimum 9-gauge. No sheet metal fencing shall be permitted.

      9.   Maintenance: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable, and attractive condition. If, on inspection by the zoning official or his designee, any fence determined not meeting the requirements of this subsection shall be ordered to bring the fence into conformance, pursuant to the procedures set forth in chapter 19 of this title.

      10.   Nonconforming Fences: Fences existing at the time of adoption of this section which are not in violation of subsections A4 and A5 of this section, but which violate other subsections of this section or this title, may continue to exist and be maintained; however, such fences may not be replaced, if destroyed or removed.

   B.   Hedges:

      1.   Hedges, plantings, shrubbery, etc., when used as a screen or fence in the front yard in all zoning districts, shall be maintained and trimmed at a maximum of three feet (3') above ground level. (Ord. 2000-O-005, 2-14-2000)

"Air inflated structures", as defined in section 9-20-3 of this title, shall be prohibited in residential areas. However, temporary children's inflatable play equipment and temporary inflatable holiday decorations are permitted. (Ord. 2009-O-006, 2-23-2009)

In addition to conforming to the general regulations for accessory uses and structures set forth in section 9-14-1 of this chapter, all home occupations shall comply with each of the following requirements:

   A.   The operator of every home occupation shall reside in the dwelling unit in which the home occupation operates;

   B.   The home occupation shall be conducted entirely within the principal residential structure and shall be incidental and subordinate to the principal residential use of the structure. Furthermore, no work shall be conducted within any attached or detached garage. Limited storage may be allowed in any attached or detached garage, provided such storage does not create a nuisance or prevents the utilization of the garage for parking motor vehicles;

   C.   The home occupation shall not interfere with the delivery of utilities or other services to the neighborhood in which the principal residential structure is located;

   D.   The activity shall not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interfere with radio or television reception in the area that would exceed that normally produced by a dwelling unit used solely for residential purposes;

   E.   No toxic, explosive, flammable, radioactive, or other hazardous materials shall be used, sold, or stored on the site. However, materials common to ordinary household use are permitted, provided the quantity of such materials does not exceed that found in an ordinary household;

   F.   Alteration of the residential appearance of the principal residential structure designed to promote or draw attention to the home occupation shall not be permitted. Furthermore, no advertising, signs, displays, or other indications of a home occupation in the yard, on the exterior of the dwelling unit, or visible from anywhere outside of the dwelling unit shall be permitted;

   G.   No more than one motor vehicle shall be used in connection with a home occupation. The home occupation vehicle must be of a type ordinarily used for conventional private passenger transportation (i.e., passenger automobile, or vans and pickup trucks not exceeding a payload capacity of 1 ton). Further, the home occupation vehicle shall not require more than a passenger class driver's license nor be a vehicle designed for carrying more than twelve (12) persons. Vehicles designed or used for living quarters shall not be used in conjunction with a home occupation;

   H.   No visitors in conjunction with the home occupation (clients, patrons, pupils, salespersons, etc.) shall be permitted between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M., and the home occupation shall not cause a significant increase in the amount of traffic or parking on any residential street. Furthermore, deliveries for the home occupation shall not restrict traffic circulation and may only occur between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Monday through Friday;

   I.   No outdoor display or storage of materials, goods, supplies, or equipment shall be permitted on the premises;

   J.   In person direct sales or rentals of products are not permitted, however, mail or phone sales shall be considered a permitted home occupation;

   K.   The total interior floor area used for the home occupation shall not exceed twenty percent (20%) of the total interior floor area of the dwelling, provided that in no case shall the area of a home occupation exceed three hundred (300) square feet;

   L.   No person may be employed on the site in connection with the home occupation who is not an actual resident of the dwelling unit; and

   M.   More than one home occupation may be permitted within an individual dwelling unit, provided all other standards and criteria applicable to home occupations are complied with. Such criteria shall be applied cumulatively to both uses as opposed to singularly to each use. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

A home childcare use shall be considered a home occupation and shall be subject to the requirements for home occupations found in section 9-14-5 of this chapter, as well as the additional requirements contained herein.

   A.   The maximum number of children permitted shall be six (6). The maximum six (6) children includes the family's natural or adopted children under the age of eighteen (18) and those children who are in the home under full time care. Children may be received for care during any part of the day not exceeding twelve (12) hours for any twenty four (24) hour period.

   B.   A home childcare use must comply with all applicable local, state and federal statutes and regulations, including licensing requirements.

   C.   A home childcare use must obtain a zoning certificate pursuant to section 9-4-1 of this title. Proof of a state license shall be required for the granting of the zoning certificate.

   D.   A home childcare use shall be operated by a resident of the dwelling in which it is located.

   E.   Any home childcare use shall include an outdoor play area that shall be enclosed on all sides by a barrier in the form of a fence, building wall, or other structure or landscaping so as to provide for safe outdoor play.

   F.   No signs shall be displayed. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

In addition to the other requirements of this title, childcare centers shall meet the following requirements:

   A.   In no case shall the lot size or required frontage be less than that required by the zoning district in which the facility is to be located.

   B.   Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no play equipment may be affixed to the land within such front, rear, and side yard setbacks.

   C.   There shall be a minimum of thirty five (35) square feet of enclosed activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement.

   D.   There shall be a minimum of seventy five (75) square feet of outdoor activity area per child that could be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements of this title. Up to twenty five percent (25%) of this requirement may be waived by the zoning board of appeals upon a finding that:

      1.   A park or similar permanent open space, suitable for supervised outdoor play, is located within five hundred feet (500') of the proposed facility;

      2.   The park or similar permanent open space, suitable for supervised outdoor play, is one acre or larger; and

      3.   The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed childcare facility location without crossing any street.

   E.   Hours of normal operation shall be limited to six o'clock (6:00) A.M. to seven o'clock (7:00) P.M. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

In addition to conforming to the general regulations for accessory uses and structures set forth in section 9-14-1 of this chapter, antennas, including satellite dishes greater than twenty four inches (24") in diameter, and any supporting structure, shall conform to the following regulations. Satellite dishes and antennas twenty four inches (24") in diameter or less shall be exempt from the requirements contained herein.

   A.   General Regulations:

      1.   The antenna shall meet all applicable local, state and federal laws and ordinances.

      2.   All materials shall be of a noncorrosive material to prevent metal fatigue from maintenance neglect.

      3.   The smallest practical size shall be used for any dish, but shall not exceed a maximum of thirty six inches (36") in its outside diameter.

      4.   All electrical installations shall be in accordance with the national electrical code and all applicable village ordinances.

      5.   Earth station or dish antennas located on nonresidential property shall be located on the roof of the host structure and shall be set back a minimum of ten feet (10') from the edge of the rooftop. The top edge of such dish antennas shall not exceed eight feet (8') above the rooftop.

      6.   All installations shall exhibit architectural quality, coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials, and questionable stability are not permitted. In every case the entire installation shall be compatible with the character of the surrounding area of the village. All installations shall be constructed to avoid the creation of an attractive nuisance.

      7.   Only one antenna shall be allowed per lot of parcel of land.

   B.   Regulations Specific To Residential Districts:

      1.   No earth station or dish antennas shall be mounted onto the top or side of any residentially zoned building.

      2.   Earth station or dish antennas shall be allowed only in the rear yard of all zoning districts, and shall meet the setback requirements for the district in which they are located.

      3.   Ground mounted earth station antennas shall be erected at the minimum height that allows satellite reception, not to exceed fifteen feet (15') in height. The height measurement shall be calculated from the established grade to the dish center.

      4.   Any ground placed antenna drive mechanisms, less than six feet (6') high to its lowest point, shall be enclosed by an opaque, solid view screen fence six feet (6') in height.

   C.   Regulations Specific To Nonresidential Districts:

      1.   Dishes to be mounted on a rooftop shall require an installation plan from a licensed structural engineer or architect.

      2.   Permanent foundations shall be adequate for the anticipated wind loads. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

   A.   General Requirements: Public broadcasting radio transmitting towers shall meet the following requirements:

      1.   Each public broadcasting radio transmitting tower shall be owned and operated by commercial radio stations fully licensed by the federal communications commission;

      2.   Each public broadcasting radio transmitting tower shall be guyed and insulated;

      3.   Each public broadcasting radio transmitting tower shall be of uniform cross section construction; and

      4.   Each public broadcasting radio transmitting tower shall be of no greater height than permitted by the federal aviation authority. Permitted accessory uses to such radio towers shall include underground ground systems radials and enclosures to house tuning equipment, as well as devices and equipment for receiving, transmitting or monitoring radio signals for access to program support materials.

   B.   Complaint Response Process: Every owner or operator of a public broadcasting radio transmitting tower shall provide, in writing, to the zoning official a complaint response process which incorporates the following aspects:

      1.   The permittee and its successors in interest investigate complaints and provide, at its own expense, services and materials reasonably necessary to reduce or eliminate interference with radio; television; public address systems and other stationary, permanent, wired internal communications apparatus, where such interference is reasonably related to such towers.

      2.   All such complaints shall be investigated promptly after written notice to the permittee, corrective action begun as soon as practicable thereafter and pursued diligently.

      3.   For purposes of giving notice under this subsection B, each such permittee shall inform the zoning official of its current business address where the notice shall be given.

      4.   Any complaints of interference with local telephone service where the equipment is owned by the company providing telephone service shall be referred by said permittee to the telephone company, which has sole and exclusive jurisdiction to investigate and correct the interference. All such permittees shall cooperate with the company providing telephone service to correct telephone interference where reasonably appropriate regardless of who owns the telephone equipment. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

Wireless communications service facilities shall meet the following requirements:

   A.   Purpose: The general purpose of this section is to regulate the placement, construction, and modification of wireless communications service facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace within the corporate limits of the village of Mokena.

   B.   Applications: Application for the installation of a wireless communications service facility shall be filed with the zoning official, in accordance with the requirements of chapter 3 of this title. In addition to the requirements set in chapter 3 of this title, applications for wireless communications service facilities shall include the following information:

      1.   The name, address, and telephone number of the owner and lessee of the parcel of land upon which the wireless communications service facility is to be situated. If the applicant is not the owner of the property, documentation that the owner of the property has granted, by agreement, use of the property for the proposed facility. The agreement shall also reflect who shall have maintenance responsibility for the facility and that the applicant shall be required to remove the facility or any portion thereof upon cessation of operation. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2002-O-011, 5-28-2002; Ord. 2009-O-006, 2-23-2009)

      2.   A report signed by an engineer licensed in the state of Illinois, which:

         a.   Describes the facility's height and design and includes cross sections and elevations for the proposed facility;

         b.   Provides landscape screening plans drawn to scale;

         c.   Describes the facility's capacity, including the number and type of antennas it can accommodate;

         d.   Documents the height above grade for all potential mounting positions for all antennas and the minimum separation distances between antennas;

         e.   Documents the steps that the applicant will take to avoid interference with established public safety telecommunications;

         f.   Any other relevant data the zoning official deems necessary to a complete review of the application; and

         g.   States that the facility is designed in accordance with the village's building code, in addition to all other state and federal laws and regulations applicable thereto.

      3.   A site plan, drawn to scale, showing the lot lines, land uses, and tree coverage, including average tree height, for all properties within three hundred feet (300') of the proposed site. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

      4.   A map showing all existing wireless communications service facilities within the service area of the proposed facility, including the name, address, and telephone number of all owners of such facilities.

      5.   Where a wireless communications service facility is not collocating, an affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to receive permission to install or collocate the applicant's facility on another service provider's facility within the service area desired by the applicant and that the proposed site is therefore, of practical necessity for the applicant.

   C.   Design And Construction:

      1.   Wireless communications service facilities may be either freestanding, roof mounted, or building mounted. No guyed or latticed wireless communications service facilities shall be permitted. For the purposes of this title, wireless communications service facilities located on village owned water towers shall be considered roof mounted facilities and shall be limited to a height of ten feet (10') above the highest point of the water tower.

      2.   All wireless communications service facilities shall be designed in accordance with the village's building code, in addition to all state and federal laws and regulations concerning aviation safety. Notwithstanding the foregoing, all facility towers shall be constructed with at least one release point so as to bend and fold over on themselves.

      3.   Wireless communications service facilities shall be designed to accommodate three (3) or more wireless communications antennas.

      4.   Wireless communications service facilities shall be designed to be compatible with neighboring buildings and uses. All facilities shall, including building and structures accessory thereto, be designed to blend or match with a host building or the environment. Support structures and antennas shall be of a single blue, gray, or similar color, and have a flat, nongloss, nonfluorescent finish. The color scheme for the facility shall be subject to the approval of the zoning official.

      5.   No advertising, logos, or corporate symbols shall be permitted on any wireless communications service facility or any building or structure accessory thereto.

      6.   No signals or lights or other illumination shall be permitted on the wireless communications service facilities unless required by the federal communications commission, the federal aviation administration or by the village of Mokena.

      7.   Every wireless communications service facility shall be separated from all other wireless communications service facilities a minimum of one thousand (1,000) linear feet.

      8.   Every wireless communications service facility shall be fully automated. No employee of the service provider shall be stationed at the site, except for the completion of periodic maintenance. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2002-O-011, 5-28-2002; Ord. 2009-O-006, 2-23-2009)

      9.   Except in cases where a height bonus has been granted pursuant to subsections D and E of this section, the maximum height of any single facility tower or antenna shall be one hundred twenty five feet (125'). (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

      10.   Screening techniques such as landscaping, berming, screening, and fencing shall be incorporated into each site as deemed appropriate by the zoning official. A fence or wall of eight feet (8') in height shall be required to encompass a freestanding wireless communications service facility, including any associated accessory building or structure. Except fence and wall entrances, all fences and walls shall be screened with appropriate landscaping and screening techniques, so that no more than two-thirds (2/3) of the surface of the fence or wall is visible within three (3) years after erection of the facility from a public right of way or any residential lot.

      11.   All wireless communications service facilities, including any associated accessory building or structure, shall meet the setback requirements of the district in which they are located. All wireless communications service facilities, including any associated accessory building or structure, shall be set back a minimum of five hundred feet (500') from any residential district. All freestanding personal wireless facilities shall be set back a minimum of one and one-half (11/2) times the total height of the support structure from any principal structure in a residential zoning district. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2002-O-011, 5-28-2002; Ord. 2009-O-006, 2-23-2009)

      12.   The terms and provisions of this section shall not apply to antennas ten feet (10') or under. (Ord. 2002-O-011, 5-28-2002; amd. Ord. 2009-O-006, 2-23-2009)

   D.   Permitted Location: Subject to site plan approval, the location of wireless communications service facilities shall be regulated as follows:

      1.   Permitted Uses: The following wireless communications service facilities shall be considered permitted uses:

         a. Wireless communications service facilities and antennas collocated on existing facilities;

         b. Wireless communications service facilities and antennas located on village owned property pursuant to an executed agreement with the village's corporate authorities;

         c. Roof and building mounted wireless communications service facilities and antennas located in the I-3 zoning district, subject to the limitation that the height of any such facility or antenna shall not extend to a height greater than twenty feet (20') above the host building;

         d. Roof and building mounted wireless communications service facilities and antennas located in the C-1A, C-2, C-3, I-1, I-2, or O-2 zoning district, subject to the limitation that any such facility or antenna shall not extend to a height greater than ten feet (10') above the host building.

      2.   Special Uses: The following wireless communications service facilities shall be considered special uses and require a special use permit subject to section 9-4-5 of this title:

         a. Freestanding wireless communications service facilities and antennas located in the C-2, C-3, I-1, I-2, or O-2 zoning district.

   E.   Collocation:

      1.   The village of Mokena encourages collocation of wireless communications service facilities on existing or planned wireless communications service facilities in order to minimize the proliferation of antenna support structures and to achieve the most efficient use of land within the community. Therefore, the village may grant access to municipally owned property and may lower or waive application fees for applicants locating additional antennas on an existing facility. In addition, a height bonus may be granted to an applicant that incorporates two (2) or more antennas upon the applicant's facility, however, no facility shall exceed a height of one hundred fifty feet (150'). (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2002-O-011, 5-28-2002; Ord. 2009-O-006, 2-23-2009)

      2.   When asking for additional height, an applicant shall provide documentation from a professional engineer licensed in the state of Illinois showing that the proposed antenna cannot be accommodated on an existing or approved facility within a one- fourth (1/4) mile search for facilities under one hundred fifty feet (150') in height for one or more of the following reasons:

         a. The planned equipment would exceed the structural capacity of the existing or approved facility, and the existing or approved facility cannot be reinforced, modified, or replaced to accommodate the planned equipment at a reasonable cost;

         b. The planned equipment would cause interference materially impacting other service providers, and the interference cannot be prevented at a reasonable cost;

         c. An existing or approved facility within the search area cannot accommodate the planned equipment at a height necessary to provide service to the applicant's service area; or

         d. Other unforeseen reasons make the subject site of practical necessity for the applicant. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

   F. Compliance: All wireless communications service facilities shall maintain compliance with the plans and specifications approved and made part of the application for the installation of a wireless communications service facility. Noncompliance, including, but not limited to, discoloration, cracking, missing components, rusting, settling, damage or general disrepair shall be deemed a violation of this title and shall subject the owner of the facility and the owner of a host building or structure, if different, to the remedies and penalties set forth in chapter 19 of this title. Liability for such noncompliance shall be joint and several for the owner or owners of a facility and an owner or owners of a host building or structure, if different.

   G.   Abandonment: Abandoned, obsolescent, or unused wireless communications service facilities or portions thereof shall be removed within three (3) months of notice to the FCC of intent to cease operations at a site, unless an extension is granted by the zoning official. In the event that a wireless communications service facility, or portion thereof, is not removed within three (3) months of such notice, or other agreed time, the village may, in addition to any other remedy provided by this title, remove the facility or portion thereof, at the applicant's expense. Unused portions of a wireless communications service tower above a manufactured connection shall be removed within two (2) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new permit. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2002-O-011, 5-28-2002; Ord. 2009-O-006, 2-23-2009)

   A. Authorization: Bed and breakfast establishments may be allowed in the C-4 traditional downtown district, subject to the requirements of section 9-4-5 of this title and the following requirements.

   B. General Standards:

      1. Bed and breakfast establishments shall only be located within and accessory to an owner occupied single-family detached home.

      2. Bed and breakfast establishments shall comply with all local, county and state fire and health regulations.

      3. Proof of registration with the department of revenue for hotel/motel taxes shall be provided to the zoning official within ninety (90) days after approval of the special use permit.

      4. No ancillary commercial use shall be operated in connection with an approved bed and breakfast establishment.

      5. Operation of a bed and breakfast establishment shall not be considered, classified, or permitted as a home occupation.

      6. A bed and breakfast establishment shall include no more than four (4) guestrooms for rent.

      7. Accommodations shall not be provided to a particular guest for more than ten (10) consecutive days.

      8. Each bed and breakfast establishment may display one nonilluminated wall sign per street frontage, a size no more than four (4) square feet. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

   A. Authorization: Subject to the general and specific regulations set forth herein and all other applicable regulations of the district in which a temporary use may be located, the temporary uses set forth below may be allowed, provided a temporary use permit, pursuant to section 9-4-10 of this title, is first obtained.

   B. General Regulations:

      1. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.

      2. No temporary use shall be permitted that causes or threatens to cause an on site or off site threat to the public safety.

      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 permitted if such use would conflict with another previously authorized temporary use.

      5. Signs shall be permitted only in accordance with the provisions of chapter 18 of this title.

      6. Except as expressly provided otherwise, every temporary use shall comply with the regulations applicable in the district in which such temporary use is located.

      7. Every temporary use shall comply with any such other conditions as may be imposed by the zoning official designed to be reasonably necessary to achieve the purposes of this title or to protect the public health, safety, and welfare. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

   C. Temporary Uses Permitted:

      1. Seasonal Sales: In any commercial district, seasonal sales of merchandise or the display of merchandise may be allowed, provided, however, that no front yard shall be used for the sale or display of merchandise. The sale or display of merchandise cannot be stacked higher than six feet (6') or in an unsafe manner nor shall the sale or display of merchandise encroach into areas of required parking unless permitted by the zoning official. (Ord. 2002-O-011, 5-28-2002; amd. Ord. 2009-O-006, 2-23-2009)

      2. House, Apartment, Garage, And Yard Sales: In any residential district, house, apartment, garage, and yard sales may be allowed, but only when limited to the personal possessions of the owner-occupant of the dwelling unit at which such sale is being conducted. Such use shall be limited to a period not to exceed three (3) consecutive days, and no more than two (2) such sales shall be conducted from the same residence in any twelve (12) month period. The hours of operation shall be limited to nine o'clock (9:00) A.M. to eight o'clock (8:00) P.M. One sign may be permitted in connection with the sale provided such sign shall be placed only in the yard of the premises conducting the sale.

      3. Christmas Tree Sales: In any district other than a residential district, Christmas trees sales may be allowed, provided, however, any such use shall require the specific prior approval of the zoning official on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty five (45) days. Trees remaining on hand after December 25 shall be removed from the premises no later than December 31 of the same year.

      4. Contractors' Offices And Equipment Sheds: In any district when accessory to a construction project, contractors' offices and equipment sheds may be allowed. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project.

      5. Real Estate Offices, Including Model Units: In any district when accessory to a new development, real estate offices, including model units may be allowed. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.

      6. Indoor And Outdoor Art, Craft, And Plant Shows, Exhibits, And Sales: In any district other than a residential district, indoor and outdoor art, craft, and plant shows, exhibits, and sales may be allowed; provided, however, that any such use shall require the specific prior approval of the zoning official on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such sale shall be limited to a period not to exceed three (3) days.

      7. Farm Product Sales: In any nonresidential district, farm product sales may be allowed, but only in accordance with the following provisions:

         a. Open Air Market: Such farm product sale shall use no permanent structures.

         b. Goods Or Wares Limited: No product may be exhibited or offered for sale except the following:

            (1) Fresh (never having been frozen or packaged) dairy goods, fruits, vegetables, juices, flowers, plants, herbs, and spices produced or grown by the vendor; and

            (2) Baked goods made by the vendor.

         c. Number And Duration Of Sales Limited: Not more than one such farm product sale shall be conducted on the same premises in any seven (7) day period. Every such sale shall be limited to a period not to exceed eight (8) consecutive hours.

      8. Carnivals And Circuses: In any district, carnivals and circuses may be allowed, but only when sponsored by a not for profit religious, philanthropic, or civic group or organization; provided, however, that any such use shall require the specific prior approval of the zoning official on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact, including noise, on other properties. Such use shall be limited to a period not to exceed two (2) days in any residential district or on any lot abutting any one of these districts or ten (10) days on any other lot. No such use shall be permitted to operate after eleven o'clock (11:00) P.M. or such other time as may be established by the zoning official. The concessionaire responsible for the operation of any such use shall:

         a. Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and

         b. Provide fire extinguishers of a type and at site locations approved by the zoning official; and

         c. Provide and service metal refuse containers in the number and locations required by the zoning official; and

         d. Provide for a thorough cleanup of the site upon termination of the event; and

         e. Upon written notice from the zoning official, immediately terminate the use of any amusement device or structure found by the zoning official to pose a threat to the public safety.

      9. Sidewalk Sales: In any commercial district, sidewalk sales may be allowed when organized as an areawide sidewalk sale with all merchants on all abutting lots zoned in the same district, but no more than four (4) such sales shall be permitted in any twelve (12) month period and no such sale shall be permitted for a period in excess of two (2) successive days.

      10. Tents: In any district when in connection with any permitted, accessory, temporary, or special use tents may be allowed. All tents shall be constructed of fire retardant material and erected securely. Guywires, stakes, or other supports shall be clearly marked and secured. No tent shall be allowed to remain for a period of more than two (2) days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, ten (10) days. Unless waived by the zoning official, every tent shall comply with the bulk, yard, and space requirements applicable to district in which it is located. (Ord. 2000-O-005, 2-14-2000; amd. Ord. 2009-O-006, 2-23-2009)

   A. Authorization: Remote collection facilities are permitted only in the P-1 public, quasi-public, and conservation zoning districts.

   B. General Regulations:

      1. A permit for a remote collection facility shall be obtained from the community development department prior to the construction, placement, and/or installation of a remote collection facility.

      2. The collection facility shall not be located within a required front yard as set forth in section 9-12-3-3, "Special District Bulk Matrix", of this title.

      3. The owner of the property upon which the facility is proposed to be located shall apply for the permit and monitor the operations of the remote collection facility so that it complies with all applicable    regulations.

      4. The remote collection facility shall be emptied on a regular basis and shall not be permitted to overflow and/or to be unsightly. Furthermore, the area around said facility shall be kept neat and orderly and the area shall remain free of debris at all times.

      5. No trucks and/or trailers shall be utilized as remote collection facilities except for special events specifically approved by the zoning administrator. (Ord. 2012-O-033, 12-10-2012)

   A. Authorization: Temporary storage containers may be permitted subject to the following requirements.

   B. General Regulations:

      1. Obtaining Permit: A permit for a temporary storage container shall be obtained from the community development department prior to the construction, placement and/or installation of same and said permit shall be displayed on the premises at all times.

      2. Permanent Use Of Outdoor Containers: Permanent use of outdoor storage containers shall not be permitted unless specifically permitted by the village board pursuant to section 9-4-5, "Special Use Permits", of this title.

      3. Residential Zoning Districts:

         a. Maximum Allowable Size: The maximum allowable size for a temporary storage container in a residential zoning district shall be twelve feet (12') in length, eight feet (8') in width, nine feet (9') in height.

         b. Placement Of Residential Temporary Storage Containers: Residential temporary storage containers shall be placed on a surface approved by the community development department (i.e., asphalt, concrete).

         c. Maximum Number Of Containers: The maximum number of temporary storage containers permitted on any property at one time in a residential zoning district shall be three (3).

         d. Storage Of Containers: Residential containers shall be stored in the driveway of the premises or in such other location that has been approved by the zoning official.

         e. Time Period: The maximum time period permitted for temporary storage containers shall be sixty (60) days in a residential zoning district. However, the zoning official shall have discretion to permit one extension to said time period.

      4. Nonresidential Zoning Districts:

         a. Maximum Allowable Size: The maximum allowable size for a temporary storage container in a nonresidential zoning district shall be fifty feet (50') in length, eight feet (8') in width, nine feet (9') in height.

         b. Placement Of Commercial Storage Containers: Commercial storage containers shall be placed behind the building and shall not be visible from a public street whenever possible.

         c. Time Period: Temporary storage containers shall be removed from the property prior to occupancy approval. However, the zoning official shall have the sole discretion to extend the time period for removal of temporary storage containers.

         d. Temporary Surplus Storage: For temporary surplus merchandise storage associated with a commercial retail enterprise, the time period for usage and removal shall be at the discretion of the zoning official. (Ord. 2009-O-006, 2-23-2009)

   A.     Authorization: Smoking shelters may be permitted subject to the following requirements. General Regulations:

   A.   Authorization: Wind turbines may be permitted subject to the following requirements.

   B.   General Regulations:

      1.   Wind turbines shall not be the principal use on any property.

      2.   The maximum height of any wind turbine tower shall be eighty feet (80') from the ground (the blade of the wind turbine at its highest point shall be included in determining the height).

      3.   A maximum of one wind turbine attached to a single pole may be permitted, however, the zoning official shall have the sole discretion to permit additional turbines.

      4.   Wind turbines shall be set back from all property lines and overhead wires a distance of one hundred twenty five percent (125%) of the total height. This distance signifies the fall zone.

      5.   Wind turbines which are attached to homes or other structures shall be no higher than fifteen feet (15') above the highest point of the principal structure (the blade of the wind turbine at its highest point shall be included in determining the height).

      6.   Noise emanating from the wind turbines shall not exceed sixty (60) dBA, as measured at the owner's property line.

      7.   All forms of advertising and/or signage on wind turbine blades or tower are prohibited.

      8.   No lighting shall be allowed on wind turbine towers.

      9.   Towers shall be designed to prevent climbing within the first fifteen feet (15').

      10.   The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than fifteen feet (15').

      11.   Any wind energy system that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owners of such system shall remove all structures within ninety (90) days of receipt of notice from the village notifying the owner of such abandonment.

      12.   The color of any pole supporting a wind turbine shall be neutral and the finish shall be nonreflective.

      13.   Wind turbine towers which are not attached to a principal structure shall be designed so that guywires are not necessary for support. (Ord. 2009-O-006, 2-23-2009)