A.   Garages: In the Residential Districts, all garages may be attached or detached. If attached, there shall be a minimum of thirty percent (30%) of one common wall attached to the main structure.

   B.   Setbacks: (Rep. by Ord. 1086, 4-26-2000)

   C.   Time Of Construction: No accessory building or structure shall be constructed prior to the start of construction of the principal building to which it is accessory.

   D.   Height: In Residential Districts, no attached accessory building shall exceed twenty feet (20') in height. No accessory building shall exceed the height of the principal building. No detached accessory building shall exceed twelve and one-half feet (121/2') in height.

   E.   Back Yard Occupancy: No detached accessory building shall occupy more than thirty percent (30%) of the back yard.

   F.   Bolting To Slab; Exterior Finish: Accessory buildings shall be bolted to a concrete slab or placed on an impervious surface. The exterior finish must be masonry, painted wood, stained wood, aluminum siding or a finish to complement the main dwelling structure and shall not include sheeting.

   G.   Distance From Lot Line; Corner And Reverse Corner Lots: No accessory building shall encroach upon the side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reverse corner lot which is adjacent to the street, nor upon the rear yard of a through lot.

   H.   Distance From Lot Line: No accessory building, unless it is structurally a part of the principal building, shall be erected, altered, or moved to a location within ten feet (10') of the nearest wall of the principal building nor within the required area for front or side yards of the lot as set forth for the district. An accessory structure in a rear yard shall be not less than five feet (5') from any rear property line, however, all swimming pools located in a rear yard shall be not less than ten feet (10') from any rear property line, with exception of corner or reverse corner lots. Provided, however the total area of all accessory structures in the rear yard shall not exceed thirty percent (30%) of the total lot area. That at a minimum, all swimming pools shall be located at least ten feet (10') from the side lot line, rear lot line and from the principal residence.

   I.   Permit Required: A permit must be secured for all accessory buildings.

   J.   Encroachments: Open and unenclosed porches, decks, steps and supported roofs, when attached or structurally part of the principal building, are permitted encroachments on the required rear yard setback up to, but not exceeding, ten feet (10'). (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code; Ord. 1086, 4-26-2000; Ord. 1106, 10-25-2000; Ord. 1184, 5-8-2002; Ord. 1991, 10-13-2021)

(Rep. by Ord. 1919, 6-12-2019)

The development of air rights above land located in any zoning district and utilized for public or private use, shall be permitted subject to all the requirements of the zoning district within which such development is located. However, plans by all such air rights development shall be submitted to the Plan Commission for its recommendations as to the appropriateness of the development in regard to the location of structures, traffic control, placement of utilities, and all other matters related to the physical development of said air rights. Such recommendations shall be forwarded to, and shall be subject to, the approval of the Board of Trustees in the same manner as special uses. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Residential Buildings: Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot within the R-1 and R-2 Districts. No principal detached residential building shall be located on the same zoning lot as any other principal building.

   B.   Vacant Through Lots: On vacant through lots, the front lot lines shall be along the street right-of-way designated by the Zoning Administrator except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no access strips have been provided on the recorded plats.

   C.   Corner Lots: On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of- way line. The other lot line abutting the street right-of-way shall be considered the corner side lot line.

   D.   Multiple Uses: Where two (2) or more permitted or special uses, each requiring a minimum area and frontage, are provided in the same building or on the same lot, the required area and frontage shall be the sum of the areas and frontage required for each use individually.

   E.   Frontage On Street: Every lot shall have a frontage on a dedicated street. Such frontage shall be at least fifty percent (50%) of the required lot width for the district in which such lot is located. Each lot containing a permitted or special use shall provide for ingress and egress to a dedicated street, in a manner that conforms with the standards for design and location of the appropriate State, County and Village requirements, except in the C-3 District. (Ord. 961, 2-12-1997, eff. 2-22-1997)

(Rep. by Ord. 1893, 1-23-2019)

   A.   Owner Obligation: The provisions of yards, courts and other open spaces and minimum lot area legally required for a building shall be 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. No legally required yards, courts or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court or other open space or minimum lot area requirements for any other building.

   B.   Allocated Open Spaces: All yards, courts and other open spaces allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.

   C.   Reduction Of Yard Size: No yards now or hereafter provided for a building existing on the date of adoption of this title shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction. However, a yard adjoining a street may be reduced to provide right-of-way for a street widening, except in the C-3 District.

   D.   Intersections Of Roads; Sight Triangle: At the intersection of roads or at the point of ingress and egress onto roads, no structure, parked vehicle or plant material shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within a triangular square determined by a diagonal line connecting two (2) points measured seventy five feet (75') equidistant from the point of intersection with the centerlines of the roads and the points of ingress and egress.

   E.   Obstructions In Yards: The following shall not be considered to be obstructions when located in the required yards specified:

      1.   All Yards:

         a.   Open terraces not over three feet (3') above the average level of the adjoining ground, but not including permanently roofed over terrace or porch;

         b.   Awnings and canopies, but not projecting more than ten feet (10') out and at least seven feet (7') above the average level of the adjoining ground;

         c.   Steps, four feet (4') or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

         d.   Chimneys projecting twenty four inches (24") or less into the yard;

         e.   Arbors, trellises, flagpoles, fountains, sculptures, plant boxes and other similar ornamental objects; and

         f.   Fences, walls and hedges subject to the provisions of section 11-6-7 of this chapter.

      2.   Front Yards: One story bay windows projecting three feet (3') or less onto the yards; and overhanging eaves and gutters projecting three feet (3') or less into the yard.

      3.   Rear Yards: Enclosed, attached or detached off street parking spaces, accessory shed, toolrooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one story bay windows projecting three feet (3') or less into the yard; overhanging eaves and gutters projecting three feet (3') or less into the yard. In any Residential District, no accessory shall be nearer than ten feet (10') to any principal building unattached.

      4.   Side Yards: Overhanging eaves and gutters projecting into the yard for a distance not exceeding two feet (2'). (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Compliance Required: No fence, wall or hedge shall be constructed or erected except as provided in this section.

   B.   Building Permit Required: No fence or wall shall be erected or substantially altered prior to receiving a building permit for such purposes.

   C.   Placement: No private fences, walls or hedges shall be allowed or constructed on public streets, highways or alley rights-of-way. Fences or hedges may be placed on public utility easements, provided such fences or hedges 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. And at no such time shall a fence be installed in such a manner or location that will impede the flow of water.

   D.   Barbed Wire Fences: Barbed wire or barbed wire fences shall not be allowed on property in Residential Districts or on lots in any district being used for residential purposes. Barbed wire or barbed wire fences shall not be allowed in Commercial or Industrial Districts where:

      1.   The barbed wire is located along a property line that abuts a Residence District.

      2.   The barbed wire is located along a property line abutting and not used for residential purposes.

      3.   The barbed wire would be located in any required front or corner side yard.

   E.   Construction Material: No fence or wall shall be constructed of material intended to inflict bodily harm to a person attempting to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit razor blades and sharp or ragged metal spikes or spears. Barbed wire may be used only as authorized in this section. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   F.   Construction Requirements: All fences and walls shall be constructed in conformity with the wind, stress, foundations, structural and other requirements of the Building Code and other applicable ordinances of the Village. That all fence postholes shall be a minimum of forty two inches (42") in depth. (Ord. 1220, 2-26-2003; amd. Ord. 1922, 6-26-2019)

   G.   Maintenance: All fences, walls and hedges shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition.

   H.   Residence Districts: Fences, walls and hedges may be permitted in Residence Districts only in accordance with the following provisions:

      1.   Fences, walls and hedges located in the rear yard and interior side yards shall not exceed six feet (6') in height.

      2.   With the following exceptions, no fences, walls or hedges shall be permitted in any front or corner side yard:

         a.   Fences intended primarily for aesthetic purposes. Such fence shall not exceed three feet (3') at its uppermost horizontal level or forty two inches (42") to the top of its uppermost post. At least fifty percent (50%) of the square footage of the overall dimensions of the fence shall be open. Such fence shall not have a linear length of greater than fifty percent (50%) of the lot width at the building setback line. A woven wire or cyclone type fence shall not be considered a decorative fence.

         b.   Hedges that do not exceed either three feet (3') in height or ten feet (10') in linear length may be permitted.

         c.   Decorative walls, or similar brick or concrete structures may be permitted, provided such structures do not exceed three feet (3') in height or a total of thirty (30) linear feet in length.

         d.   Are allowed between the foundation line of the main structure and the front yard or corner side lot line. In cases where the garage extends beyond the foundation line of the main structure, a fence may extend from the side wall of the garage to the adjacent side lot line nearest to the garage, but in no case shall the fence be located beyond the front façade of the garage.

      3.   That chain link fences are strictly prohibited in all residential districts of the Village.

   I.   Commercial And Industrial Districts: Fences, walls and hedges in all commercial and industrial districts may only be permitted in accordance with the following provisions, except in the C-3 district:

      1.   Fences, walls and hedges located in the rear yard and that portion of the interior side yards located between the rear lot line and building setback line shall not exceed eight feet (8') in height.

      2.   With the following exceptions, no fences, walls or hedges shall be permitted in any front or corner side yard:

         a.   Fences intended primarily for aesthetic purposes. Such fence shall not exceed forty eight inches (48") at its uppermost horizontal level or fifty four inches (54") to the top of its uppermost post. At least fifty percent (50%) of the square footage of the overall dimensions shall be open. (A woven wire or cyclone type fence shall not be considered a decorative fence.)

         b.   Hedges that do not exceed either three feet (3') in height or ten feet (10') in linear length may be permitted.

         c.   Decorative walls or similar brick or concrete structures may be permitted, provided such structures do not exceed three feet (3') in height or twenty (20) linear feet in length. A wall or similar structure exceeding the previous standards with the title and basic description information of the business located on that lot may be allowed as a permitted sign, in accordance with chapter 12 of this title.

      3.   Barbed wire or a barbed wire fences may be used, where not specifically prohibited in this title, under the following conditions:

         a.   The barbed wire or barbed wire fencing is located in the rear yard or that portion of the interior side yard located between the rear lot line and the building setback line and such wire is only used on the top eighteen inches (18") of any fence; or

         b.   The board of trustees has issued a permit to use barbed wire or similar materials as a protective device from a particular hazard.

   J.   Screening: Except in the C-3 district, such screening that may be required by other provisions of this title should be in accordance with the provisions of this section. Where a discrepancy between the location of screening required by another provision of this title and the provisions of this section exists, the zoning administrator shall determine the applicable provisions.

   K.   Double fencing is prohibited; only one fence may be erected to separate two lots.

   L.   All fences shall be installed with the finished side facing the adjacent property or public right-of-way.

   M.   Variance To Provisions: The Board of Trustees may, upon written application, vary the requirements of this section if presented with evidence of a specific hardship or unique circumstances that could be abated by varying the standards of this section. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 2047, 1-24-2024)

   A.   Purpose: The purpose of this section is to require the submittal of site plans for review by the planning commission and approval by the board of trustees for certain buildings and structures that may have an impact on natural resources, traffic circulation, surrounding land uses, and the character of the community.

   B.   Applicability: A site plan shall be required prior to the issuance of zoning certification within all districts for the construction or expansion of any permitted or special use with the exception of individual single-family and two-family dwellings, unless otherwise specified herein.

   C.   Fees: The board of trustees shall establish by resolution, a schedule of fees, charges and expenses, for site plan review including planning review, engineering review, attorney, inspection and other matters pertaining to this title; the schedule shall be available in the village hall and may be amended only by the board of trustees. Any special meeting of the planning commission or board of trustees requested by the developer shall be paid for by the developer prior to said meeting at the rate of a regularly scheduled meeting.

   D.   Filing And Review Procedures:

      1.   Preapplication Meeting: A preapplication meeting for residential developments will be held with the residential development committee and for all other developments with the village economic development committee, and any staff and/or consultants requested to attend by the respective committee, to discuss the proposed development and how it achieves the village's planning and zoning objectives; and raise issues that may hinder or prevent an expeditious approval of the proposed development.

         a.   Prior to the meeting the applicant should provide concept plans for the site. The concept plan should be a scaled drawing of the site showing the existing and proposed methods of ingress and egress, the footprints of all existing and proposed buildings, the location of all proposed residential lots and the number of residential units, if applicable, and the proposed locations of parking areas and number of spaces.

         b.   The applicant should submit a brief written statement that contains a general description of the proposed development, a legal description of the property, and a statement of present ownership and any additional information that provides a more complete overview of the site and proposed development.

         c.   The residential or economic development committee, staff, and consultants shall review the proposed concept plans and advise the applicant on the compatibility of the intended development with the village's comprehensive plan, zoning ordinance, and other regulations. Recommendations relative to the preapplication meeting are advisory only, and shall not constitute a waiver from the requirements of this code. Final approval of all elements of the proposed development remains with the board of trustees as detailed in the village's zoning ordinance.

         d.   The residential or economic development committee, village staff and/or consultants will prepare a written summary of the meeting and comments to the plan commission.

         e.   The applicant may request additional preapplication meetings with the residential or economic development committee and/or consultants in order to clarify issues, provide more information, or elicit additional comments on the proposal.

      2.   Submittal Of Site Plan Approval Application: The proprietor shall file twelve (12) copies of the site plan accompanying an application for site plan approval and zoning certification with the zoning administrator at least eighteen (18) days prior to the planning commission meeting at which the site plan is to be considered.

         a.   The zoning administrator shall review the submittal for completeness as to form only. If complete, the zoning administrator shall forward the materials to the village planner and village engineer for their review. If the submittal is not complete, the zoning administrator shall notify the applicant in writing of the deficiencies. Any plan deemed by the zoning administrator to be incomplete shall not be forwarded to the village planner and the village engineer until all required information is furnished. If the applicant does not submit additional information which sufficiently addresses the deficiencies at least fourteen (14) days prior to the planning commission meeting at which the site plan is to be considered, review of the application will be moved to the next available scheduled meeting.

      3.   Appearance Review: Any site plan proposing the construction or expansion of any permitted or special use within a residential or commercial zoning district, with the exception of individual single-family and two-family dwellings, must be submitted for a determination of compliance with the village's appearance code and design guidelines. Projects proposed within any residential zoning district will be reviewed by the residential development committee. Projects proposed within any commercial zoning district will be reviewed by the economic development committee.

         a.   At least seven (7) days prior to the planning commission meeting the residential/economic development committee will meet with the applicant to review the proposed site plan and advise the applicant on the compatibility of the intended development with the village's appearance code and design guidelines.

         b.   The residential/economic development committee shall make a determination as to whether the site plan is in compliance with or inconsistent with the village's appearance code and design guidelines and present their findings to the planning commission.

         c.   The residential/economic development committee, village staff and/or consultants will prepare a written summary of the meeting and comments to the planning commission.

      4.   Planning Commission Review: At a public meeting, the planning commission will review the applicant's site plan for compliance with all applicable village, county, and state ordinances and statutes including, but not limited to, subsection F, "Standards For Site Plan Review", of this section. The planning commission shall also consider the findings of the appearance review committee, village planner, village engineer and any appropriate village staff.

         a.   Within forty five (45) days of their first meeting, the planning commission must take one of the following actions:

            (1)   Recommend approval of the application as submitted to the board of trustees; or

            (2)   On the basis of written findings, recommend approval of the application to the board of trustees subject to specific modifications; or

            (3)   On the basis of written findings, recommend denial of the application to the board of trustees.

         b.   Prior to the forty five (45) day requirement for planning commission action, the applicant may request an extension to allow for further consideration in front of the planning commission for the purpose of working toward a more favorable recommendation.

      5.   Board Of Trustees Action: At a public meeting, the board of trustees will review the applicant's site plan for compliance with all applicable village, county, and state ordinances and statutes including, but not limited to, subsection F, "Standards For Site Plan Review", of this section. The board of trustees shall also consider the recommendation of the planning commission, findings of the appearance review committee, village planner, village engineer and any appropriate village staff.

         a.   Within forty five (45) days of their first meeting, the board of trustees must take one of the following actions:

            (1)   Approve the application as submitted; or

            (2)   Approve the application contingent upon written specific modifications; or

            (3)   Deny the application.

         b.   Prior to the forty five (45) day requirement for board of trustee action, the applicant may request an extension to allow for further consideration in front of the board of trustees for the purpose of working toward an approval of the application.

      6.   Certificate Of Zoning, Site Plan Inspection, And Business License/Occupancy Permit:

         a.   If a site plan is approved contingent upon specific recommendations, the applicant must resolve all issues prior to the issuance of any certificates or permits.

         b.   Prior to affixing a certificate of zoning to any business license or occupancy permit application, the zoning administrator shall conduct an on site inspection to ensure the applicant is in compliance with the site plan as approved and all applicable village titles and ordinances.

         c.   Once the zoning administrator has determined that the proposed use of land, buildings or structures complies with all the provisions of this title and issues a certificate of zoning affirming such a determination, the application for a business license for commercial or industrial uses shall be submitted to the village board for final approval.

         d.   Once the zoning administrator has determined that the proposed use of land, buildings or structures complies with all the provisions of this title and issues a certificate of zoning affirming such a determination, the application for a residential permit shall be issued by the zoning administrator.

   E.   Required Site Plan Information:

      1.   General Information:

         a.   Name and address of the proprietor and proof of ownership, developer, and registered engineer, registered surveyor, registered architect, registered landscape architect, or registered community planner who prepared the site plan.

         b.   Date of plan preparation, north arrow, and scale of plan, which shall not be greater than one inch equals twenty feet (1" = 20') nor less than one inch equals two hundred feet (1" = 200').

         c.   Existing and proposed zoning designations, property tax number and full legal description of parcel and dimensions of all lot and property lines showing the relationship to abutting properties, and in which district the subject property and abutting properties are located.

         d.   Area map showing the relationship of the parcel to the surrounding area within one-half (1/2) mile.

         e.   The location and description of all existing structures within one hundred feet (100') of the parcel.

      2.   Physical Information:

         a.   Proposed plans for site grading, surface drainage, water supply and sewage disposal.

         b.   The location of existing and proposed landscaping, buffer areas, fences, or walls on the parcel.

         c.   Existing and proposed structure information, including the following:

            (1)   Footprint location, dimensions and setbacks.

            (2)   Finished floor and grade line elevations.

            (3)   Elevations drawings that illustrate building design, size, height, windows and doors, and describe construction materials. Elevations shall be provided for all sides visible from an existing or proposed public street or a residential zoning district.

            (4)   The planning commission may require a color rendering of the building elevation required in subsection E2c(3) of this section.

            (5)   Proposed materials and colors shall be specified on the site plan. Color chips or samples shall also be submitted at or prior to the planning commission meeting to review the site plan. These elevations, colors and materials shall be considered part of the approved site plan.

         d.   The location and dimensions of all existing and proposed streets, driveways, sidewalks, service lanes and other vehicular and pedestrian circulation features within and adjacent to the site.

         e.   The location, dimensions, and numbers of off street parking and loading spaces.

         f.   Location of existing and proposed service facilities above and below ground, including:

            (1)   Chemical and fuel storage tanks and containers.

            (2)   Storage, loading, and disposal areas for chemicals, hazardous substances, salt and fuels.

            (3)   Water mains, hydrants, pump houses, standpipes, and building services and sizes.

            (4)   Sanitary sewers and pumping stations.

            (5)   Stormwater control facilities and structures including storm sewers, swales, retention and detention basins, drainageways and other facilities, including calculations for sizes.

            (6)   Location of all easements.

         g.   Any other pertinent physical features.

      3.   Natural Features:

         a.   Map of existing topography at two foot (2') contour intervals with existing surface drainage indicated.

         b.   Soil characteristics of the parcel to at least the detail provided by the U.S. soil conservation service "Soil Survey Of Will County, Illinois".

         c.   On parcels of more than one acre, existing topography with a maximum contour interval of two feet (2') indicated. Topography on the site and beyond the site for a distance of one hundred feet (100') in all directions should be indicated. Grading plan, showing finished contours at a maximum interval of two feet (2'), correlated with existing contours so as to clearly indicate required cutting, filling and grading.

         d.   Location of existing drainage courses, including lakes, ponds, rivers and streams, and all elevations.

         e.   Location of existing wetlands.

         f.   Location of natural resource features, including woodlands and areas with slopes greater than ten percent (10%) (1 foot of vertical elevation for every 10 feet of horizontal distance).

         g.   Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges or polluting materials to the surface of the ground, groundwater, or nearby water bodies.

   F.   Standards For Site Plan Review: In the review of all site plans, the planning commission and board of trustees shall endeavor to assure the following:

      1.   The proposed development conforms to all provisions of the zoning ordinances.

      2.   All required information has been provided.

      3.   The movement of vehicular and pedestrian traffic within the site and in relation to access streets and sidewalks will be safe and convenient.

      4.   The proposed development will be harmonious with existing and future uses in the immediate area and the community.

      5.   The proposed development provides the necessary infrastructure improvements, such as roads, drainage, pedestrian facilities and utilities, to serve the site, and be adequately coordinated with the current and future use of adjacent properties.

      6.   The applicable requirements of village, county and state agencies are met regarding grading and surface drainage and for the design and construction of storm sewers, stormwater holding facilities, water mains, and sanitary sewers.

      7.   Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, and woodlands.

      8.   The proposed development shall respect the natural topography to the maximum extent possible by minimizing the amount of cutting, filling, and grading required.

      9.   The proposed development will not cause soil erosion or sedimentation.

      10.   Landscaping, including trees, shrubs and other vegetative material is provided to maintain, improve and/or restore the aesthetic quality of the site.

      11.   Conformance to the village appearance code and design guidelines.

      12.   All proposed residential, commercial, office, industrial, and institutional development shall utilize quality architecture to ensure that buildings are compatible with surrounding uses, protect the investment of adjacent landowners, blend harmoniously into the streetscape and meet the objectives of the village master plan. New buildings, additions and renovations shall be designed to preserve or complement the design character of existing development, provide visual harmony between old and new buildings, and create a positive image for the village.

   G.   Effect Of Approval: Upon final approval of the site plan, construction or expansion of any permitted or special use shall conform to the site plan. The approval by the board of trustees of a site plan shall expire within one year after the date of such approval, unless a building permit has been issued and construction has commenced. The zoning administrator shall not authorize the issuance of a building permit for any type of construction on the basis of the approved site plan after such approval has expired.

   H.   Amendment Of Approved Site Plan: A previously approved site plan may be amended by the board of trustees upon application by the applicant in accordance with procedures provided in subsection D of this section.

   I.   Performance Guarantees: As a condition of approval of the site plan, the board of trustees may require a deposit by the applicant with the village clerk in the form of a certified check, cash, or a surety bond to ensure performance of any obligations of the applicant to make improvements shown upon the site plan. Such bond, cash, or check shall be in such an amount as the zoning administrator shall estimate to be a sufficiently adequate sum to cover the cost to construct or to complete construction of the required improvements. The village shall rebate to the developer, as work progresses, amounts of such deposits equal to the ratio of work satisfactorily completed to the entire project. Such rebate shall be based upon the report and recommendation of the zoning administrator. The zoning administrator may refer the site plan to the village engineer for review of the proposed improvements and recommendations of performance guarantees. (Ord. 1406, 7-26-2006)

No building or structure shall be erected, altered, extended or enlarged, unless the exterior walls are constructed of stone, brick, reinforced concrete, concrete blocks, glass, steel, aluminum or wood paneling or any combination thereof, provided that not more than fifty percent (50%) of the front exterior elevation of such building or structure shall be constructed of any combination of metal siding, reinforced concrete or concrete blocks. No secondhand or used building materials shall be used in any such construction.

(Ord. 1046, 4-14-1999)

   A.   Storage of semi-trucks and trailers, shall only be permitted in accordance with the following regulations.

      1.   The storage yard shall maintain the established setback as required for the principal structures as outlined for the underlying zoning district.

      2.   The yard in which the trucks are to be stored must be closed by a solid fence.

      3.   A berm, no less than three (3) feet in height, covering 75% of the length of the property, shall be provided along the perimeter of the site. The berm shall be landscaped with the coniferous or pine tree variety. The tree location shall be staggered into 2 rows, eight to ten (8-10) feet apart and at least eight (8) feet tall at the time of installation. The tree coverage shall be one hundred (100) percent of the length of the berm. The location and quantity of plantings shall be determined by the Zoning Administrator.

      4.   All storage yards shall be paved with asphalt or concrete.

   B.   Commercial Solar Farms.

      1.   Height:

         a.   Any and all buildings and structures constructed in connection with solar energy system are subject to the height limits of the subject zoning district.

         b.   No part of any ground-mounted solar energy system may exceed twenty (20') feet in height when oriented at maximum tilt.

         c.   No Part of any roof-mounted solar energy system may exceed a height when oriented at maximum tilt that is visible from the street, not exceed the maximum permitted height regulation of the zoning district.

      2.   Setbacks:

         a.   Any and all buildings and structures constructed with a solar energy system are subject to the setback regulations of the subject zoning district.

         b.   Ground-mounted solar energy systems, excluding fences, are subject to the following setbacks:

            (1)   At least fifty feet (50') from the nearest edge of public right-of-way; and

            (2)   At least fifty feet (50') from every boundary of the parcel (s) of property on which the solar energy system is constructed, all as depicted on an approval site plan; and

            (3)   At least 500 feet (500') from the nearest point of the outside wall of any dwelling unit or occupied residential building, unless waived by the written consent by each affected property owner.

      3.   Glare: All solar energy systems, regardless of whether ground or roof mounted, must be designed, constructed, and sited to minimize glare or reflections on adjacent properties and roadways and to not interfere with traffic, including air traffic, or otherwise create a safety hazard. All photovoltaic elements of the system shall have a nonreflective finish.

      4.   Soil and Ground Cover:

         a.   Top soils shall not be removed from the site during development unless the removal is expressly approved as part of the conditional use permit.

         b.   Perennial vegetative ground cover must be maintained or established in all areas where a ground-mounted solar energy system is located. The seed mix selections for both temporary and long-term mixes shall be determined and approved as of the conditional use permit for the facility.

         c.   For ground-mounted solar energy systems, perennial vegetive ground cover or farm crops must be maintained or established in required setbacks to prevent erosion and manage run-off.

         d.   All solar energy systems must comply with all applicable County storm water detention and drainage ordinances, as well as all corresponding Village ordinances. All new impervious surfaces shall be analyzed on a parcel-by-parcel basis.

         e.   A berm, no less than three feet (3') in height covering 75% of the length of the property, shall be provided along all public rights-of-way. The berm (utilized as a sound and visual barrier) shall be landscaped with coniferous or pine tree variety. The tree location shall be staggered into 2 rows, eight to ten feet (8'-10') apart and at least eight feet (8') tall at the time of installation. The tree coverage shall be one hundred percent (100%) of the length of the berm. The location and quantity of plantings shall be determined by the Zoning Administrator.

      5.   Security Barrier: Ground-mounted solar energy systems must be enclosed by perimeter security fencing or another Village approved barrier with a minimum height of at least six feet (6') and no more than eight feet (‘(. This security barrier may, but is not required to, be incorporated into any screening requirements of this Chapter.

      6.   Screening: All solar energy systems shall be adequately screened to the satisfaction of the Village in substantial conformance with a screening plan approved by the Village Board.

      7.   Approved Solar Components: Electric system components must have a UL (Underwriters Laboratories Inc.), or similar nationally recognized testing laboratory listing.

      8.   Lighting: Solar Energy systems may not be permanently illuminated, unless required by the FAA or other applicable government agency or authority.

      9.   On-Site Utilities: On-site power lines and utility connections must be placed underground unless otherwise expressly approved as part of the conditional use permit.

      10.   Agricultural Impact Mitigation Agreement (AIMA): Prior to and as a condition on the conduct of any public hearing or the issuance of any site development and/or building permits in connection with a proposed solar energy system, the facility owner/operator shall:

         a.   Execute an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture and file a copy thereof with the Village; and

         b.   Provide the Village with a letter of credit or other sufficient financial surety, in a form and amount acceptable to the Village, to insure the ultimate decommissioning of the solar energy system upon (i) termination or discontinuance of its operation or (ii) the estimated end of life of said system’s various components (if not replaced).

      11.   Conservation Plan: Prior to and as a condition of the conduct of any hearing and/or the issuance of any site development and/or building permits in connection with a proposed solar energy system, the facility owner/operator shall submit a conservation plan addressing conformance with the Agricultural Impact Mitigation Agreement (AIMA) then in effect, inspection schedule, soils, plantings/vegetation, drainage, and maintenance, and shall further grant the Village, in writing, a right of access to the site, at reasonable times and upon reasonable written notice, to conduct visual inspections and assess the condition of the native planting areas and soil erosion and sediment controls. The conservation plan shall further address (1) Maintenance of any creeks and waterways that cross or adjoin the subject property (creek cutting is strictly prohibited) and (2) a plan for the relocation or replacement (on the subject property or elsewhere in the Village) of any trees that will be cleared from the subject property in connection with the solar energy system.

      12.   Monitoring and Maintenance:

         a.   The owner and/or operator of the solar energy system shall be jointly and severally responsible and liable for maintaining the system, the property on which the system is located (including all property leased in connection therewith, even if more extensive than the system itself), and all associated buildings, structures, and improvements in a safe, sound, and well-maintained condition according to the highest-applicable industry standards. This specifically includes, without limitation, painting, grounds keeping (both inside and outside the fence or security barrier). Structural repairs, maintaining internal access drives, and maintaining the integrity of security measures. Maintenance and grounds keeping shall include mowing, reseeding, and weed management practices.

         b.    For roof-mounted solar energy systems, maintenance shall include but not be limited to: periodic inspections and proper roof maintenance.

         c.   A written maintenance plan shall be approved by the Village and are subject to the Village’s existing ordinances including the Village’s weed ordinance.

      13.   Avoidance and Mitigation of Damages to Public Infrastructure:

         a.   Roads: If the owner and/or operator of a solar energy system enters into a road use agreement with the Illinois Department of Transportation, a county, a road district, or any other unit of local government relating to a solar energy system, the road use agreement shall require the facility owner and/or operator to be jointly and severally responsible and liable for:

            (1)   The reasonable cost of improving roads used by the facility owner to construct the solar energy system, and

            (2)   The reasonable cost of repairing rods used by the facility owner and/or operator during the construction of the solar energy system so that roads are in a condition that is safe for the driving public after the completion of the facility’s construction.

      Roadways improved in preparation for and during the construction of the solar energy system shall be repaired and restored to the improved condition at the sole and exclusive cost of the developer it the roadways have degraded or were damaged as a result of construction-related activities.

      The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the solar energy system. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner, shall be deemed to be reasonably related to the cost of administration of the road use agreement.

         b.   Roadway Dedication: Temporary access roads or drives utilized during the construction of a solar energy system shall not be required to be dedicated to the Village or any other governmental agency with jurisdiction, but the Village may, in its discretion, require dedication of any permanent roads or drives used for access and maintenance of the solar energy system.

         c.   Existing Road Conditions: Prior to construction, the owner/operator must conduct a pre-construction survey, in coordination with the applicable highway authority to determine existing rad conditions. The owner/operator is responsible for on-going road maintenance and dust-control measures resulting from the construction and installation of the solar energy system as identified by the applicable road authority during all phases of construction and installation.

         d.   Drainage System: Prior to construction, the owner/operator is responsible for identifying the location of all subsurface drainage systems. The owner/operator are jointly and severally responsible and liable for promptly repairing damage to drain tiles and other drainage systems that result from construction. Operation, or maintenance of the solar energy systems that result from construction, operation, or maintenance of the solar energy system that negatively impact properties outside the subject property. Repair of subsurface drainage systems shall, at a minimum, be in compliance with the Agricultural Impact Mitigation Agreement (AIMA) then in effect.

      14.   Submittal requirements:

         a.   All applications for conditional use permit approval for a solar energy system must include the following information, in addition to any other information required by this Title. An applicant may submit a single application for the entire property to be used in connection with the project.

            (1)   Completed conditional use permit application, on the Village’s standard form.

            (2)   Copy of recorded deed (s) showing ownership of the subject property.

            (3)   Electronic copy of the legal description that is editable.

            (4)   Plat of survey (to scale) from a professional land surveyor. Survey must include scale, north arrow and dimensions of the subject property.

            (5)   Affidavit of owner’s consent (if applicable).

            (6)   Disclosure of beneficiaries (if applicable).

            (7)   Application fee.

            (8)   The results and recommendations from the consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.

            (9)   FAA Notice of No Flight Hazard and/or application to the FAA for Notice of Criteria Tool.

            (10)   The results of the United States Fish and Wildlife Service’s Information for Planning and Consulting environmental review or a comparable tool.

            (11)   Evidence of consultation with the Illinois State Historic Preservation Office to Assess potential impacts if any sate-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity (if applicable).

            (12)   Proof of compliance with noise regulations of the Illinois Pollution Control Board (if applicable).

            (13)   Preliminary site plan identifying the following:

               (A)   Subject property including the property lines, setbacks lines, and right-of-way lines.

               (B)   Physical features including but not limited to roads, floodplain (s) (if applicable), wetland (s) (if applicable), existing and proposed building (s) (if applicable), solar panels and equipment (number, location, and spacing of solar panels/arrays). Proposed locations of underground or overhead electric lines and utility poles, landscaping, and fencing.

               (C)   Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.    

            (14)   Visual screening report that includes the following:

               (A)   A map of homes within three hundred feet (300') of the facility; and

               (B)   Locations and type of existing vegetation that provides screening of views of the facility; and

               (C)   Topographic features that provide screening of the facility.

            (15)   Interconnection service agreement or evidence of filing required interconnection service applications with the electric utility.

            (16)   Operation and maintenance plan for the solar energy system, including measures for maintaining safe access to the installation, stormwater controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.

            (17)   Proof of liability insurance.

            (18)   Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation, and fire protection and response plan.

            (19)   Copies of all leases for the subject property (if applicable) (the parties to and amount (s) of rent in any such lease may be redacted).

            (20)   Executed copy of the owner/operator’s Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture.

      15.   Prohibited Systems: Concentrated solar power systems are prohibited.

(Ord. 2076, 2-26-2025; amd. Ord. 2088, 7-9-2025)