In their interpretation and application, the requirements and provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare of residents of the Village.

This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose a higher standard or requirements than such easements or other private agreements, the requirements of this chapter shall govern.

All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings after adoption of this chapter shall be subject to all regulations of this chapter and the applicable zoning district.

Except for an "accessory use", as defined in this chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to article IV of this chapter. (Ord. 6286, 12-6-2016)

It is the intention of the Board of Trustees that the individual provisions of this chapter are separable in accordance with the following:

   A.   If any court shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment.

   B.   If any court shall judge invalid any application of any provision of this chapter for a particular property, building, or use of land, such judgment shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgment. (Ord. 6286, 12-6-2016)

Provisions governing the applicability of this chapter as it relates to the previous zoning ordinance are established as set forth below:

   A.   Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this chapter is classified as a conditional use by this chapter, such use is hereby deeded a lawful conditional use for the purposes of this chapter.

   B.   Existing Special Uses:

      1.   A special use approved prior to the effective date hereof shall be considered a legal conforming use if it is classified as a permitted use by this chapter.

      2.   A special use approved prior to the effective date hereof shall be considered a legal nonconforming use if it is not classified as a permitted or conditional use by this chapter. Such use shall be subject to the applicable nonconforming provisions of article IV of this chapter.

      3.   If the approval of a special use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new conditional use is obtained.

   C.   Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date hereof, but such use is no longer classified as a permitted use or conditional use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of article IV of this chapter.

   D.   Buildings, Structures And Lots Rendered Nonconforming: When any building or structure which existed on the effective date hereof does not meet all standards set forth in this chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of article IV of this chapter.

   E.   Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and if such building or structure and proposed use of the building do not meet the requirements of this chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six (6) months of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this chapter. (Ord. 6286, 12-6-2016)

Bulk regulations shall be set forth in each zoning district for all buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district:

   A.   Minimum Lot Size/Division Of Zoning Lots: Every lot created after the effective date hereof shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date hereof, provided that all other bulk regulations of the zoning district are met.

   B.   Yard Requirements: All yard requirements shall be set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard.

   C.   Number Of Buildings On A Lot: Not more than one principal building shall be located on any zoning lot in a zoning district, except in the case of a PUD, where more than one principal building on a zoning lot shall be allowed as part of a PUD. (Ord. 6286, 12-6-2016)

   A.   Downtown Design Guidelines:

      1.   Purpose: The downtown design guidelines contained herein shall serve the built environment within the downtown by promoting the use of high quality materials; supporting a unified pedestrian oriented environment, a mix of land uses, and thriving public spaces; and promoting and enhancing the character of the downtown. The downtown design guidelines shall be in addition to code requirements found elsewhere in this chapter. For the purposes of this section, the "downtown" shall be defined as:

         a.   Properties located in the B-5 and B-5C zoning districts.

         b.   Properties located along Prospect Avenue from Central Avenue to William Street.

         c.   Properties located along East Lincoln Street from Maple Street to William Street.

      2.   Applicability: The downtown design guidelines shall be applicable to the following projects within the downtown:

         a.   Construction of new buildings.

         b.   Additions to existing buildings.

         c.   Facade improvements to existing buildings. Facade improvements solely consisting of replacement of windows and doors of like size and location are exempt from the guidelines of this section.

      3.   Building Design: The architectural design and details of the building shall meet the following objectives:

         a.   Linear Massing: Facades fifty feet (50') or greater in length facing a front or exterior side lot line shall vary the depth of the structure, by way of recesses and projection within the building's architecture. These details shall break up the massing of the structure in addition to any windows and building entrances along the facade.

         b.   Access: All buildings with a total width greater than fifty feet (50') shall have a minimum of one entryway at the front of the building, defined as the facade of the building which faces the front or exterior side lot line. Buildings constructed on a corner lot may choose the building's orientation; access may be from either the front or the exterior side.

         c.   Windows And Doors: The first floor of buildings shall have a minimum of twenty five percent (25%) of the facade area facing a front or exterior side be devoted to glass windows and/or doors. Windows and doors should be used as an opportunity to provide architectural interest which breaks up building massing and supports a pedestrian friendly environment. If solid, windowless walls are necessary to the building's function, architectural details shall be included to add visual interest.

         d.   Rooflines: The roofline of a building should include architectural details which add to its overall design, such as cornices, dormers, or parapet walls.

         e.   Materials: Durable, high quality building materials which do not require frequent maintenance, such as brick, stone, and glass, shall be used for facades which are visible from the street. Materials located along a single facade shall be harmonious in design and color.

         f.   Vertical Massing Of Multi-Story Buildings: Multi-story buildings shall be visually divided using architectural details such as differing building materials or stepbacks to reduce the sense of mass and highlight the first floor to a pedestrian scale.

      4.   Site Design:

         a.   Building Setbacks And Parking Lots: Building setbacks shall conform to section 14.905 of this chapter when applicable. Where possible, parking lots shall not be located between the street and the building's front facade.

         b.   Landscaping: Sites shall comply with the landscape provisions found in article XXIII of this chapter. The use of landscape planters, decorative fencing and similar treatments shall be encouraged in all outdoor areas where public gathering is desired, such as patio dining or other outdoor seating areas.

         c.   Pedestrian Access: All buildings shall have clear pedestrian access from a public walkway to the entrance(s) of the building. Sidewalks located on private property, to be utilized by the public, shall be a minimum of seven feet (7') in width.

         d.   Streetscape Improvements: Areas located immediately adjacent to Village right of way shall blend into the Village's existing streetscape improvement program where applicable.

         e.   Bicycle Facilities: Properties which incorporate parking lots shall also provide bicycle racks on site. Bicycle parking shall be provided at a minimum amount of ten percent (10%) of the vehicle parking provided on site. U-shaped racks, similar to those installed by the Village, are the preferred design.

   B.   Additional Design Standards: The following design standards are applicable to the entire Village:

      1.   Visual Expanse: Any structure over two hundred feet (200') in length shall be designed so as to stagger the building facades which face a right of way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure.

      2.   Screening Of Mechanical And Utility Equipment:

         a.   When feasible, mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts.

         b.   All rooftop mechanical equipment shall be hidden when viewed from ground level as viewed from the public right of way or property line of any adjacent residentially zoned property. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. For new construction, the screen should be designed as an architectural component of the structure in the form of a parapet wall. The addition or modification of rooftop equipment on existing buildings shall be screened to the extent that is feasible, as determined appropriate by the community development director. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made.

         c.   All ground mounted mechanical and utility equipment that is six feet (6') or less in height shall be screened from view utilizing landscaping which will grow to the height of the ground based utility. Ground mounted mechanical and utility equipment taller than six feet (6') in height that is visible from the right of way or adjacent residential property shall be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure, as determined appropriate by the community development director.

         d.   Screening of mechanical equipment shall be required when new equipment is installed. Screening shall not be required when replacing an existing, non-screened rooftop mechanical unit in the same place with a new unit that is either as tall as, or shorter than the existing unit. Normal maintenance of mechanical equipment shall not mandate the screening requirement. (Ord. 6286, 12-6-2016; amd. Ord. 3528, 9-2-2020)

   A.   General Provisions:

      1.   Compliance With Requirements Of This Section: Antenna towers and dishes which do not comply with the requirements of this section may be authorized only in accordance with the procedures for conditional uses. All antenna towers and dishes shall be constructed to meet or exceed the minimum wind velocity and construction standards specified in the building code 1 .

      2.   Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are less than three feet (3') in diameter and personal wireless service facilities are not regulated by this section.

      3.   Amateur Radio Antennas: Antennas used for amateur radio purposes shall comply with the requirements in subsection D of this section.

   B.   Ground Mounted Antenna Towers Or Dishes:

      1.   Number Permitted: There shall not be more than one ground mounted antenna tower or dish located on a zoning lot.

      2.   Location: Ground mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall be set back a minimum of five feet (5') from the lot line.

      3.   Height Restrictions: The height of all antenna towers or dishes shall include any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna.

         a.   Residential zoning districts:

            (1)   Antenna Towers: Federally licensed towers shall not exceed a maximum height of seventy feet (70').

            (2)   Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet (15') in height.

         b.   Nonresidential zoning districts:

            (1)   Antenna Towers: Ground mounted antenna towers shall not exceed seventy feet (70') in height, unless authorized by a conditional use permit.

            (2)   Dish Antennas: Ground mounted dish antennas shall not exceed the height of the building by which they are located.

      4.   Diameter:

         a.   Residential Zoning Districts:

            (1)   Ground mounted dish antennas shall not exceed ten feet (10') in diameter.

         b.   Nonresidential Zoning Districts:

            (1)   Ground mounted dish antennas in nonresidential zoning districts shall not exceed fifteen feet (15') in diameter.

      5.   Screening: All ground mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the community development director.

   C.   Roof Mounted Antenna Towers And Dishes:

      1.   Number Permitted:

         a.   Residential zoning district: There shall not be more than one roof mounted antenna tower or dish located on a zoning lot.

         b.   Nonresidential zoning district: There shall not be more than one roof mounted antenna tower or dish for each separate establishment located within a zoning lot.

      2.   Location: Subject to structural approval, roof mounted antenna towers and dishes shall be located on the principal building to which they are an accessory.

      3.   Height Restrictions:

         a.   Residential Zoning Districts:

            (1)   Antenna Towers: Roof mounted antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located.

            (2)   Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located.

         b.   Nonresidential Zoning Districts:

            (1)   Antenna Towers: Roof mounted antenna towers shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located.

            (2)   Dish Antennas: Roof mounted dish antennas shall not project higher than the maximum height allowed for the building upon which they are located.

      4.   Diameter:

         a.   Residential Zoning Districts: Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter.

         b.   Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed fifteen feet (15') in diameter.

      5.   Screening: All roof mounted dish antennas larger than three feet (3') in diameter must be fully screened from view from adjacent roadways and properties (between grade level and 10 feet above grade level) with materials which are compatible with the building to which they are accessory.

   D.   Amateur Radio Antennas:

      1.   Ground Mounted Antennas:

         a.   Antenna towers shall not be located in any required yard except for rear yards and shall be set back a minimum of fifteen feet (15') from any lot line.

         b.   Ground mounted antenna towers shall not exceed a maximum height of seventy feet (70'), including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna.

         c.   Ground mounted dish antennas shall not exceed fifteen feet (15') in height and ten feet (10') in diameter, including any accompanying base or support structures and shall be measured from finished grade to the highest point of the antenna.

      2.   Roof Mounted Antennas: Roof mounted antennas for amateur radio use shall comply with the following:

         a.   Antenna towers shall not project more than ten feet (10') above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen feet (15') above the maximum height of the primary or accessory building upon which they are located.

         b.   Dish antennas shall not project higher than the maximum height allowed for the building upon which they are located.

            (1)   Roof mounted dish antennas located on residential buildings shall not exceed three feet (3') in diameter.

            (2)   Roof mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten feet (10') in diameter.

         c.   Roof mounted antenna towers or dish antennas for amateur radio use shall be located on the principal building to which they are an accessory and are subject to structural approval. (Ord. 6286, 12-6-2016)

   A.   General Requirements: The following restrictions on accessory buildings, structures and uses apply to all zoning districts:

      1.   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building.

      2.   Yard Requirements: No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this chapter.

      3.   Height Requirements:

         a.   Residential And Commercial Districts: No detached garage or gazebo shall exceed a maximum height of fifteen feet (15'). No other accessory building/structure shall exceed ten feet (10') in height.

         b.   Industrial, Office Research And Conservation Recreation Districts: No accessory building/structure shall exceed twenty feet (20') in height.

      4.   Separation Between Buildings:

         a.   A detached accessory building or structure shall be located no closer to the principal building than three feet (3'). Detached garages located between three feet (3') and ten feet (10') from a principal building shall be provided with a five- eighths inch (5/8") drywall finish on the interior walls and ceiling.

         b.   Any structure permanently attached to the principal structure is no longer considered an accessory structure pursuant to article XXIV of this chapter and shall meet the bulk requirements of the zoning district for principal structures, unless otherwise listed as a permitted obstruction in section 14.319 of this article.

         c.   Aboveground swimming pools are permitted to attach to a deck if all required rear and side yard setbacks are met and the deck is designed with a gate between the deck and pool and access is provided to the yard from the deck.

         d.   Pergola support columns shall be located no closer to the principal building than three feet (3').

      5.   Number Of Accessory Structures: The maximum number of accessory structures shall not exceed two (2) such structures per zoning lot. Swimming pools and structures listed as permitted obstructions in section 14.319 of this article are exempt from the total number of accessory structures.

      6.   Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office, work or living space. The storage of household items, equipment to maintain the property and small recreational equipment is permitted.

      7.   Roof Pitch: No accessory structure shall have a roof pitch of less than three to twelve (3:12). Pergolas, arbors, and accessory structures in the I-1 Limited Industrial and C-R Conservation Recreation zoning districts shall be exempt from this requirement.

   B.   Restrictions In Residential Districts:

      1.   Maximum Size:

         a.   A detached private garage may be no larger than six hundred seventy two (672) square feet.

         b.   A shed, gazebo, pergola, greenhouse, or other similar accessory structure may be no larger than the smaller of the following:

            (1)   Two percent (2%) of the lot area; or

            (2)   Two hundred (200) square feet.

      2.   Bulk Restrictions:

         a.   On lots fifty five feet (55') in width or less, detached accessory structures shall be set back three feet (3') from any interior side or rear lot line.

         b.   On lots greater in width than fifty five feet (55'), detached accessory structures shall be set back five feet (5') from any interior side or rear lot line.

         c.   No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development.

         d.   All solid roofed accessory structures, including gazebos, shall be included in any Floor Area Ratio calculation.

      3.   Lot Coverage: Accessory structures shall be included in any maximum lot coverage calculation. Swimming pools are exempt from the maximum lot coverage calculation.

   C.   Restrictions In Business And Industrial Districts:

      1.   Maximum Area: Detached accessory building(s) or structure(s) shall occupy no more than thirty percent (30%) of the area of a required yard.

      2.   Yard Requirements: Accessory structures shall be set back six feet (6') from any side or rear lot line. No accessory structure shall be placed on any right of way or village utility or easement without prior consent from the director of community development.

   D.   Regulations For Specific Accessory Structures And Uses:

      1.   Garbage Dumpsters And Recycling Containers:

         a.   Required: All multi-family buildings utilizing centralized solid waste services shall provide a garbage dumpster and recycling container area which meets the minimum standards which have been established by the solid waste coordinator.

         b.   Location: Outdoor designated garbage dumpsters and recycling containers shall maintain the same setbacks as parking lots. Dumpsters and containers that are located within covered parking areas shall be designed so that they do not conflict with required parking spaces or access drives.

         c.   Screening:

            (1)   Nonresidential Districts: Such dumpsters and containers shall be screened on all sides by a solid wood fence or equivalent screening material to a height not less than six feet (6').

            (2)   Residential Districts: Multiple-family residential developments shall provide screening on no less than three (3) sides by a solid wood fence or equivalent screening material to a height not less than six feet (6').

      2.   Accessory Commercial Uses Within Multi-Family Residences: Accessory commercial uses including restaurants, drugstores, retail food shops, valet services, beauty and barber shops, and physical fitness or health facilities shall be permitted within multi-family buildings provided that the accessory uses must be accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building.

      3.   Accessory Uses Within Office Buildings: Accessory uses located within office buildings including cafeterias, restaurants, gift shops, flower shops, snack bars, drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply stores (excluding sales of office machinery and furniture) shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the confines of the principal building and the primary access to any accessory retail use shall be from within the principal building.

      4.   Off Street Parking Facilities: Parking lots and drive aisles shall not be subject to the restrictions of this subsection, but shall be subject to the requirements within articles XXII and XXIII of this chapter.

      5.   Signs: Signs shall not be subject to the restrictions of this subsection but shall be subject to the requirements of chapter 7 of this code.

      6.   Swimming Pools: The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty five inches (25").

No out of doors swimming pool for the use of members and their guests of nonprofit club or organization, or limited to house residents of a multiple-dwelling unit, a block, a subdivision, neighborhood, or other community shall be permitted in an R-1, R-A or R-X district.

         a.   Location: Swimming pools shall not be permitted in any required front, side or exterior side yards. Pools are permitted to encroach into the rear yard provided a minimum of fifteen feet (15') is maintained from the rear property line to the edge of the structure.

         b.   Construction: All swimming pools shall be constructed according to the requirements of this code.

      7.   Donation Boxes: The following restrictions shall apply to all donation boxes located within the Village:

         a.   Location Requirements:

         (1)   Donation boxes are permitted as an accessory use to an institutional or nonprofit use only.

         (2)   Donation boxes shall not be located in a required parking space.

         (3)   Donation boxes shall not be located in a required front yard, required side yard or exterior side yard and shall be located to minimize visual impact when viewed from a street.

         b.   Number Allowed: No more than one donation box shall be located on any lot.

         c.   Size: A donation box shall not exceed six and one-half feet (6.5') in height. The box footprint shall be no greater than twenty five (25) square feet.

         d.   Maintenance Requirements: Donation boxes shall be maintained in good condition with no structural damage, holes, rust or graffiti. All boxes shall be emptied and serviced regularly to prevent overflow of collections and be kept free of debris.

         e.   Signage: The name, address and phone number of the donation box operator shall be posted on the box. Information shall be provided on the box as to whether the operator is a for profit or not for profit organization. Total signage on the donation box shall not exceed five (5) square feet or as approved by the director of community development.

         f.   Placement: All donation box placement shall be in accordance with all additional state or county law. (Ord. 6286, 12-6-2016; amd. Ord. 3528, 9-2-2020; Ord. 6583, 9-5-2021; Ord. 6590, 11-16-2021)

"Home occupations", as defined in section 14.2401 of this chapter, shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners:

   A.   There shall be no sign displayed in conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas.

   B.   There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation.

   C.   Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed one hundred (100) cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet.

   D.   There shall be no noise, odor, dust, vibration, smoke, glare, television signal interference or radio signal interference, electrical interference, fire hazard or any other hazard emanating from the dwelling. No home occupation shall involve the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties.

   E.   No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine attendance" shall mean that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. This standard shall apply irrespective of any business activity actually taking place at the dwelling unit.

   F.   No home occupation shall generate customer, client or group visits of a greater frequency than what would be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets.

   G.   The home occupation shall not utilize more than twenty five percent (25%) of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remains incidental to the residential use of the structure.

   H.   No outside storage of any kind related to a home occupation shall be permitted.

   I.   All vehicles utilized in conjunction with a home occupation shall comply with the regulations stipulated in section 14.2203 of this chapter.

   J.   No contracting or service equipment or materials shall be stored on the premises, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permitted for equipment storage in a residential area, nor shall it be parked on the premises.

   K.   Private instruction as a home occupation is permitted, but is limited to no more than three (3) pupils at a time. (Ord. 6286, 12-6-2016)

Group and family community residences shall be located as either a permitted or conditional use within all residential zoning districts in accordance with the provisions set forth listed in section 14.604 of this chapter. (Ord. 6286, 12-6-2016)

Temporary buildings or structures may be allowed subject to the following regulations:

   A.   Temporary Construction Trailers:

      1.   Temporary trailers or facilities for approved construction projects are permitted subject to the standards of the building code.

      2.   Temporary trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance.

      3.   All temporary trailers or facilities shall be removed upon completion of the construction project.

   B.   Temporary Classroom Trailers And Facilities:

      1.   Temporary trailers used as classrooms or similar uses that are ancillary to an existing school use are permitted for up to one year and are subject to the standards of the building code.

      2.   Temporary classroom trailers or facilities shall be located to conform to the applicable setback requirements of the zoning ordinance.

   C.   Temporary Structures Located On Nonsingle-Family Residential Properties:

      1.   Duration: Special promotions such as tent sales or outdoor meetings are permitted for a period of one week. No more than three (3) such promotions shall be allowed in a calendar year.

      2.   Location: Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback requirements of the zoning ordinance. Temporary structures located on a parking lot shall meet the required parking lot setbacks and shall not block fire lanes. All temporary structures are subject to the standards of the building code.

      3.   Signs: Any signage or displays used with a special promotion shall meet the provisions of chapter 7 of this code.

   D.   Temporary Structures On Single-Family Residential Properties:

      1.   Temporary structures, such as tents or similar structures used for entertainment, assembly, or storage purposes, are permitted for a period of one week, and shall meet the accessory structure setback requirements of the zoning ordinance. (Ord. 6286, 12-6-2016)

(Ord. 6286, 12-6-2016)

   A.   Outdoor Sale And Service Of Seasonal Merchandise: The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this chapter:

      1.   Outdoor sales and storage shall only be allowed as an accessory use to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with written approval of the property owner.

      2.   Outdoor sales and storage of items at retail shall be restricted to sales of seasonal merchandise during the time of the year when such items are normally used.

      3.   When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales.

      4.   All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property, except sidewalk sales in the central business district.

      5.   Outdoor sales and storage of merchandise in parking areas shall be approved by the director of community development.

      6.   All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris.

      7.   There shall be no temporary or permanent storage of inventory in trailers.

   B.   Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements:

      1.   The following criteria shall apply to all outdoor dining areas located on the same zoning lot as the established restaurant:

         a.   Outdoor dining areas may be revoked by the village manager at any time on fourteen (14) days' notice for failure to comply with the regulations set forth in this section.

         b.   All outdoor furniture and appurtenances shall be constructed in such a manner as to allow for their easy removal during winter months and/or if otherwise required by the Village.

         c.   All outdoor furniture and appurtenances shall be designed to withstand a minimum wind pressure of not less than thirty (30) pounds per square inch.

         d.   Colors and materials of outdoor furniture and appurtenances shall be harmonious with the principal and adjacent structures.

         e.   The sale and consumption of alcoholic beverages in the outdoor dining areas shall be subject to all requirements of chapter 13 of this code.

         f.   The proprietor shall provide adequate facilities for refuse disposal, as determined by the environmental health division.

         g.   The outdoor dining area shall not be detrimental to the health, safety, or welfare of nearby residents or persons working or shopping in the vicinity.

         h.   Outdoor dining areas shall be exempt from applicable parking requirements. However, in the event that the outdoor dining area creates an overflow parking problem onto adjacent public streets, the permittee must make provisions for off site parking on nearby nonresidential properties.

         i.   Advertising or promotional features in a permitted outdoor dining area shall be limited to umbrellas or canopies, and shall be limited to no more than fifteen percent (15%) of the surface area of a canopy or umbrella.

         j.   Outdoor dining areas shall meet all applicable Village and state health requirements.

         k.   No music or other noises generated by the operation of the outdoor dining areas shall be audible on adjacent properties.

         l.   In no event shall the outdoor dining area operate earlier than six o'clock (6:00) A.M. or later than eleven o'clock (11:00) P.M.

      2.   Outdoor dining areas shall be permitted on public property, subject to the following criteria:

         a.   All regulations set forth in subsection B1 of this section.

         b.   An application for the outdoor dining area permit must be submitted to the department of community development. The department will conduct an administrative review of the application and the director will either approve or deny the application within thirty (30) days from receipt. The application shall contain, at a minimum, the following information:

            (1)   A site plan showing location of the outdoor dining area;

            (2)   Plans and cut sheets demonstrating the type of barricades, landscaping and other features that will be utilized to define the outdoor dining area and enhance the aesthetic appeal of the area;

            (3)   Distances of the outdoor dining area to all property lines;

            (4)   Proposed hours of operation;

            (5)   The clear width of all walkways and sidewalks adjacent to the outdoor dining area;

            (6)   Photographs or other documentation showing the construction and appearance of all furniture and appurtenances to be used in the outdoor dining area, including materials and colors; and

            (7)   Provisions for refuse disposal for the outdoor dining area.

         c.   Approved permits for outdoor dining areas shall be effective for a period of one year from the date of approval.

         d.   The use of public sidewalk space for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private contiguous property.

         e.   The applicant shall submit a written statement acknowledging responsibility for and agreeing to comply with the following: 1) the sidewalk area will be maintained in a clean and safe condition; 2) the required open portion of the sidewalk will be kept free from any obstructions or encroachments pertaining to the restaurant use; and 3) the proposed outdoor dining area will comply with all conditions of this section.

         f.   In no event shall the operation of the outdoor dining area reduce the open portion of the sidewalk to less than five feet (5') in width.

         g.   Outdoor furniture and other appurtenances shall be constructed of durable materials, such as wrought iron.

         h.   The applicant shall furnish the Village with evidence of general liability insurance and dramshop insurance, if applicable, naming the Village as an additional insured and insuring the Village against any liability resulting from the uses permitted by the permit issued under this section. Minimum coverage for general liability insurance and dramshop insurance shall be as set forth in appendix A, division I of this code, and shall have no less than an "A" rating by the most recent A.M. Best insurance rating guide.

         i.   The operator of the outdoor dining area shall be responsible for any damage to public property and shall restore the public sidewalk to its original state when the operation of the dining area ceases.

         j.   In order to prevent the restaurant space from encroaching upon the front of another merchant's establishment, the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment.

   C.   Outdoor Storage On Residential Property: Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the community development director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment, please refer to article XXII of this chapter. (Ord. 6286, 12-6-2016)

   A.   Prohibited Acts: Except for as provided in subsection B of this section, no person shall:

      1.   Enter into any lease or rental agreement of any kind or nature or otherwise maintain or permit for living purposes the use of an unpermitted second housekeeping unit.

      2.   Establish, install or construct an unpermitted second housekeeping unit within the corporate boundaries of the Village.

      3.   Subsequent to January 1, 2000, enter into any lease or rental agreement of any kind or otherwise maintain or permit the use, for living purposes, of an unpermitted second housekeeping unit.

   B.   Exceptions: This section shall not be applicable to the following:

      1.   "Group community residence" as defined in section 14.2401 of this chapter.

      2.   "Family community residence" as defined in section 14.2401 of this chapter.

      3.   Housing provided for religious institutions maintaining a house of worship in Mount Prospect when the housing is for its ministry, outreach or program personnel, provided that such housing is not otherwise prohibited by Mount Prospect regulations or laws.

      4.   Residences constructed and/or modified as residential two (2) flat or two (2) apartment buildings prior to May 2, 1944, which have not been converted to a single dwelling unit residence.

      5.   Any residence which has been officially sanctioned by the Village as a two (2) flat whether by variation, special use or other official legislative action of the president and board of trustees.

      6.   Otherwise permitted sleeping rooms or separate living quarters without second kitchen units.

      7.   Those units that have free and unlimited physical access to the rest of the dwelling unit.

If there is an issue as to whether the residence was built as a two (2) flat prior to May 2, 1944, or as to whether the Village has officially sanctioned the two (2) flat, then the burden of proof, by clear and convincing evidence, shall be on the owner.

   C.   Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any other person or entity, to advertise, state or otherwise hold out to the public or any potential buyer that a residence may be used in any manner contrary to this section.

   D.   Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident that an unpermitted second housekeeping unit is in existence within the Village in conjunction with any other single indication of the existence of such a unit shall constitute probable cause to permit a village official to obtain an administrative warrant to enter the premises as to which the complaint was filed to determine the actual existence of such a unit. Other indications of such a unit shall include, but not be limited to, vehicles at the residence registered to different parties, separate trash pick up, separate utility meters, prior knowledge of a village official of such a unit or additional reports by other village residents. The foregoing shall not be the exclusive method of establishing probable cause to inspect.

   E.   Irrebuttable Presumption: The following shall raise an irrebuttable presumption that there is not compliance with the requirement of "free and unlimited physical access" as defined in this chapter:

      1.   The existence of a lock or locks (whether used or not) on the only door or on all doors between an otherwise unpermitted second housekeeping unit and the remainder of the home.

      2.   Door hinges installed or maintained (whether a door is used or not) in the only passageway or on all passageways between the otherwise unpermitted second housekeeping unit and the rest of the home.

   F.   Application Of Definition Of Family: Nothing in this section shall be construed as permitting more than one family to occupy a dwelling unit.

   G.   Penalty; Persons Subject To Penalty: Persons violating any portion of this section shall be subject to a minimum mandatory penalty as set forth in appendix A, division III of this Code. Each day that the violation continues shall be considered a separate violation. (Ord. 6286, 12-6-2016)

   A.   Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless service facilities and/or small wireless facilities within private property, not regulated in chapter 9, article VIIIA, "Small Wireless Facilities", of this Code. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless services and/or small wireless facilities, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate among the various companies that provide personal wireless services and/or small wireless facilities.

To the extent that any provisions, or provisions of this section, are inconsistent or in conflict with any other provisions of this chapter, the provisions of this section shall control. If these regulations conflict/contradict chapter 9, article VIIIA, "Small Wireless Facilities", of this Code, chapter 9 of this Code will control on the regulation of small wireless facilities in the public right-of-way.

   B.   Village Action: In reviewing any request, the Village Board shall act within a reasonable period of time after the request is filed with the Village, taking into account the nature and scope of the request. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.

   C.   Petition For Amendment: Should the application of this section have the effect of prohibiting a person or entity from providing personal wireless service and/or a small wireless facility to all or a portion of the Village, such provider may petition the Village Board for an amendment to this section. The Village Board, upon receipt of such a petition, shall promptly undertake review of the petition, taking into account the nature and scope of the petition. Any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record.

   D.   Application And Submittal Requirements:

      1.   No personal wireless service facility shall be erected, installed or maintained in the Village unless a permit has been applied for and approved by the Community Development Department.

      2.   All applications for a personal wireless service facility shall include the following documentation or information:

         a.   A written report from a qualified professional engineer that is licensed by the State setting forth the following:

            (1)   The facility's height and design including both a cross section and topical elevation;

            (2)   The height above grade for all potential positions and the minimum separation distances between antennas;

            (3)   The number and type of antennas that the facility can accommodate;

            (4)   A map drawn to scale showing the lot lines, land uses and tree coverage, including average tree height of all properties within three hundred feet (300') of the proposed site;

            (5)   Documentation from the manufacturer that the structure upon which the facility is located is sufficient from a structural engineering standpoint to bear the anticipated load. In instances of freestanding structures, this shall include a certificate that the foundation of the structure is built, constructed and engineered to take into account the existing soil conditions;

            (6)   Certification that in the event of a fall or collapse, that the facility is designed and manufactured to fall entirely within the boundary lines of the lot on which it is located and that it has been erected in accordance with manufacturer's specifications;

            (7)   Certification shall also state that the design complies with all local, State and Federal regulations including, but not limited to, stormwater regulations; and

            (8)   Such other documentation as the Village may require.

         b.   The application shall include "before and after" photos. The "before" photo should be a color photo of what can currently be seen from any public road within three hundred feet (300') and the "after" should have the facility superimposed on copies of these photos.

         c.   The applicant shall demonstrate that the proposed personal wireless service facility will not interfere with any existing Village public safety communication systems or residential or commercial application including, but not limited to, television and radio broadcast signals.

         d.   The Community Development Director may require review by a third party of the technical data submitted by the applicant. The applicant is responsible for the cost of such review and the applicant shall make full payment to the Village. The Village shall place these funds in an escrow account and make payment to the third party upon the completion of the technical review. Selection of the third party expert is at the discretion of the Community Development Director.

   E.   Placement Of Personal Wireless Service And/Or A Small Wireless Facility: A personal wireless service and/or a small wireless facility may be erected or installed only in accordance with this section. The personal wireless service facility shall conform to all minimum setback, yard and height requirements and to all applicable Federal laws and regulations concerning its use and operation. An easement or a lease is required for any new facility on property not owned by the applicant. The following chart shall govern the placement of all personal wireless service and/or small wireless facilities:

NP = Not permitted.

CU = Conditional use.

 

   F.   Collocation Of Personal Wireless Service Facilities:

      1.   Placement: The Village encourages collocation to minimize the proliferation of antenna supporting structures. Owners, lessees, or their representatives shall cooperate in good faith to achieve collocation when it is in the best interest of the Village to do so. The Village may require the execution of an agreement to permit collocation unless such collocation proves to be impractical. The Village may grant access to Municipal property and/or lower application fees to carriers locating two (2) or more users on a single tower. A proposal for a new personal wireless service facility shall not be approved unless the applicant provides written proof that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, monopole that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or more of the following reasons:

         a.   The planned equipment would exceed the structural capacity of the existing or approved tower or structure, as certified by a qualified professional engineer that is licensed in the State, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the additional facility at a reasonable cost;

         b.   The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or structures as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;

         c.   Existing or approved towers and structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as certified by a qualified and licensed professional engineer;

         d.   Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified by an appropriate professional.

      2.   Structure Design: Any proposed guyed, lattice, or monopole tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

   G.   Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10') beyond the height of the water tower. All antennas, except those mounted on monopoles, shall be designed to be compatible with neighboring buildings and uses, and shall match or blend with the structure to which they are attached so the antenna is virtually invisible to the casual observer. Antennas installed on buildings shall not extend more than ten feet (10') beyond the height of the structure and shall be painted to match the color of the building to which they are affixed. As such, monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers may not display logos or company colors.

   H.   Screening: A combination of landscaping, berming, fences or other screening materials shall be utilized to maintain or enhance the existing character of the property surrounding a personal wireless service and/or a small wireless facility. All structure bases shall be completely screened from view.

   I.   Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers shall be removed as follows:

      1.   All shall be removed within six (6) months of cessation of use or of notifying the FCC of intent to cease operations at the site, whichever comes first, unless a time extension is approved by the Community Development Director. A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. Any tower and associated facilities not removed within six (6) months of the cessation of operations at a site shall be deemed a nuisance and may be abated according to the nuisance provisions of this Code.

      2.   Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of the abandonment of that portion unless the Village has specifically designated that portion for future collocation.

   J.   Utility Buildings And Structures: All utility structures and structures accessory to a personal wireless service and/or a small wireless facility tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12') and shall be no larger than six hundred (600) square feet.

   K.   Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited.

   L.   Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the setback and yard requirements of the district in which they are located. A temporary personal wireless service facility shall not exceed the height of the facility previously approved for the property, or one hundred feet (100') in the case of a special event. Only one temporary personal wireless service facility will be allowed per site at any one time, unless the approved facility on the subject site allows for collocation, in which case the permissible number of temporary facilities on that site shall be the number approved for that facility. A temporary personal wireless service facility must be located behind the front plane of any principal structure that is on the lot. A temporary personal wireless service facility may be allowed only in accordance with subsection E of this section.

A request for a temporary personal wireless service facility may be granted only by the Village Manager in such reasonable numbers and with such reasonable conditions as the manager may deem appropriate. Any request for additional time beyond that set forth in this subsection L, shall be subject to review by the Planning and Zoning Commission and approval of the Village Board.

      1.   Special Events: Temporary personal wireless service facilities shall be permitted for each licensed carrier for special events (temporary sporting or entertainment events) of a period of one week. No more than three (3) such promotions shall be allowed per carrier in a calendar year.

      2.   Repairs And Equipment Upgrading: If a permanent personal wireless service facility is under repair or equipment is being upgraded, a temporary facility shall be permitted for each licensed provider for a period of up to ninety (90) days. The owner of the facility must certify in writing the necessity for the repair or equipment upgrade.

   M.   Insurance: The provider must tender to the Community Development Director on an annual basis, proof of public liability insurance covering the facility in an amount not less than as set forth in appendix A, division I of this Code.

   N.   Compliance: All personal wireless service and/or small wireless facilities must maintain compliance with the approved plans and specifications. If the personal wireless service and/or a small wireless facility becomes noncompliant with approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair; then the owners of the personal wireless service and/or a small wireless facility and the owner of the structure or lot on which the personal wireless service and/or a small wireless facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, sent by the Village to the owner of the personal wireless service and/or a small wireless facility and the owner of the structure or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding the amount as set forth in appendix A, division III of this Code, each day that the violation continues.

   O.   Certificate Of Completion: All personal wireless service and/or small wireless facilities shall obtain a certificate of completion from the Building Division prior to facility operation. Carrier(s) must meet all Village codes and provide copies of the following documentation prior to receiving a certificate of completion:

      1.   Federal Aviation Administration permit and the FAA reply;

      2.   Copy of the FCC permit and intermodulation interference report;

      3.   Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules and regulations. (Ord. 6411, 10-16-2018; amd. Ord. 6590, 11-16-2021)

   A.   General Lighting Requirements: All outdoor lighting, except for streetlights, shall be subject to the following requirements:

      1.   Glare Onto Adjacent Properties: Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights-of-way.

      2.   Fixture Design: Outdoor lighting fixtures shall comply with the following limitations, with the exception of single-family residential properties and architectural facade lighting:

         a.   Full Cutoff Luminaries: Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (90°) shall be used. The Director of Community Development may approve cutoff angles greater than ninety degrees (90°) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties.

         b.   Under Mounted Lighting: All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff.

         c.   Flat Lenses: Flat lenses are required for all lighting fixtures.

         d.   Wall Lights: Wall lights, where used, shall be full cutoff and fully shielded.

         e.   Task Focused Lighting: Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar uses as approved by the Director of Community Development, and must include an internal louver so the light focuses directly on the task area and does not spill onto the pavement.

         f.   Pole Height And Material: The total height of light fixtures located in parking lots, including the pole, pole support, fixture and related equipment, shall be limited to the district height limit or a maximum of thirty feet (30'), whichever is less. Light poles shall be constructed of metal, or other material acceptable to the Village Engineer. Wood poles are prohibited.

      3.   Hours Of Operation: All lighting shall be reduced to security levels during hours of nonoperation of the principal use on a property.

      4.   Lighting Plan Required: The building permit submission for any nonresidential development or multi-family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum, the following:

         a.   All property lines, building locations, dimensions of paved areas, and location of all curbs;

         b.   Fixture locations;

         c.   Fixture details and height;

         d.   Photometric data for all paved areas at a spacing of not greater than twenty feet (20') and not greater than six inches (6") above the pavement surface;

         e.   Photometric data at all property lines at a spacing of not greater than fifty feet (50') and not greater than six inches (6") above grade;

         f.   Scale of not less than one inch to fifty feet (1" = 50');

         g.   Details of the proposed light poles and foundations;

         h.   Existing and proposed utilities on the subject property and in rights-of-way adjacent to the subject property;

         i.   Other information, as required.

   B.   Lighting Illumination Levels:

      1.   Light Intensity Levels At Lot Lines: All illumination level readings shall be taken at ground level no more than six inches (6") above grade and shall be subject to the following maximum foot-candles at the lot line. The requirements of this subsection shall not apply to properties within the B-5 and B-5C Zoning Districts that directly abut another property in the B-5 or B-5C District.

 

      2.   Maximum Average Illumination Levels By Use: The following table summarizes the maximum average illumination levels for a variety of uses:

 

 

Lighting for uses other than those listed in the above table shall be reviewed by the Community Development Director to ensure the proposed illumination levels are appropriate for the property and surrounding area.

      3.   Parking Lot Minimum And Maximum Average Illumination Levels: All parking lots with more than four (4) required spaces shall provide lighting. Artificial lighting used to illuminate any parking lot and drive aisles immediately accessing parking stalls shall comply with the regulations as set forth in this section.

The following criteria for minimum illumination and maximum average illumination shall be met for all parking lots:

 

 

   C.   Architectural Lighting:

      1.   Upward aimed building facade lighting shall not exceed nine hundred (900) lumens (60 watt incandescent or 13 watt compact fluorescent bulb). All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible.

      2.   Building facade light exceeding nine hundred (900) lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible.

      3.   Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated.

      4.   Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels.

   D.   Exceptions: The standards of this section shall not apply to the following types of exterior lighting:

      1.   Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, outdoor dining lighting, and solar operated light fixtures have self- contained rechargeable batteries, where any single fixture does not exceed one hundred (100) lumens.

      2.   Seasonal Lighting Displays: Lighting displays, which are installed for less than seventy five (75) days over any continuous twelve (12) month period.

      3.   Lighting For Safety Or Security: Upon finding by the police department that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section, is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants.

   E.   Nonconforming Lighting: Any lighting that does not conform to the regulations outlined above shall be made to conform by means of alteration. (Ord. 6286, 12-6-2016)

The conversion of a single-family residential attached garage into living space shall be permitted subject to the following conditions and all other applicable regulations within this code:

   A.   A new garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space.

   B.   The garage door that provides access to the area that is to be converted into living space shall be removed and replaced with exterior materials similar in style and color to the home's exterior.

   C.   The existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided in conformance with section 14.2204 of this chapter. (Ord. 6286, 12-6-2016)

(Reserved by Ord. 6528, 9-2-2020)

The Village of Mount Prospect is committed to encouraging the use of environmentally sensitive development techniques in order to improve the quality of life and environmental health of the community as a whole. Green building design is a technique which incorporates design principles and strategies that limit the energy demands of buildings and also create healthier living environments within them. Green building techniques may include, but are not limited to, green roofs, reflective white roofs, permeable paving, stormwater harvesting, use of landscaping to reduce thermal demand, and use of reusable energy sources. This section provides direction on common green building design practices. While not a comprehensive list of all potential green initiatives, the Village encourages property owners to follow green design principles.

   A.   Wind Energy Conversion Systems: The Village of Mount Prospect has found wind energy conversion systems (WECS) to be a viable and useful method of localized energy generation. Conditional use permits to authorize WECS are allowed in all zoning districts. Due to the specialization and technical nature of WECS, the following criteria have been established as minimum standards for the recommendation and approval of such permits.

      1.   No more than one WECS shall be permitted per zoning lot. More than one WECS may be permitted for commercial and industrial properties, subject to the approval of the village board.

      2.   Rooftop mounted WECS:

         a.   Shall be set back at least twenty feet (20') from front or exterior building lines, and at least ten feet (10') from side building lines. Setbacks shall be measured to the widest point of blade rotation or to the side of the WECS, whichever is greater.

         b.   Shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WECS, whichever is greater.

         c.   Shall comply with all noise regulations of the Village of Mount Prospect.

         d.   Shall be safely and securely attached to the rooftop in compliance with the Village of Mount Prospect building code.

      3.   Tower mounted WECS:

         a.   Shall not be permitted in single-family residential districts.

         b.   The WECS tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WECS is located or be set back a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the highest point of blade rotation to the ground.

         c.   A WECS tower shall be set back a minimum of twenty feet (20') from any principal structure on the property.

         d.   The maximum permissible height of a WECS tower shall not exceed eighty feet (80').

         e.   Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground.

         f.   All climbing apparatus affixed to a WECS tower shall terminate twelve feet (12') short of ground level.

         g.   All WECS facilities shall be enclosed within a building or surrounded by a six foot (6') high safety fence.

         h.   All WECS towers shall be constructed with an approved concrete foundation.

      4.   All WECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate village related rules and regulations pertaining to their construction, design, operation and maintenance.

      5.   WECS shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.

      6.   The applicant shall submit documentation that the proposed WECS will not create a nuisance to adjacent uses. In no event shall the noise level produced by a WECS continuously exceed sixty five (65) decibels as measured at the property line.

      7.   No WECS shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design. The Village reserves the right to revoke any conditional use permit for a WECS system whenever electromagnetic interference from the WECS is evident and cannot be corrected.

      8.   WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable government authority.

      9.   All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

   B.   Solar Energy Conversion Systems: The Village of Mount Prospect has found solar energy conversion systems (SECS) to be a viable and useful method of localized energy generation. SECS shall be permitted in all zoning districts in accordance with the following minimum standards:

      1.   Rooftop Mounted SECS:

         a.   Shall not project higher than the maximum building height permitted for the zoning district. If mounted on an accessory structure, the SECS shall not project higher than the maximum height permitted for that structure.

         b.   If mounted on a pitched roof, shall be mounted flush with the slope of the roof and shall not extend further than twelve inches (12") from the roof surface at any point. SECS shall not extend beyond the ridgeline of the roof at any point.

         c.   Shall be safely and securely attached to the rooftop in compliance with the Village of Mount Prospect building code.

      2.   Ground Mounted SECS:

         a.   Shall not be permitted in residential zoning districts.

         b.   Shall satisfy the applicable setback requirements for an accessory structure on the zoning lot.

         c.   Shall be limited to a maximum of one hundred (100) square feet in size.

         d.   All ground based utilities associated with the SECS shall be appropriately screened in accordance with the requirements of section 14.304.1 of this article.

         e.   A maximum of two (2) ground mounted SECS shall be permitted per acre per property.

      3.   Glare: Installation of the solar energy conversion systems shall be designed to avoid glare or reflection onto adjacent properties and adjacent roadways. Exterior surface shall have a nonreflective finish and shall be color coordinated to harmonize with roof materials and other dominant colors of the structure.

      4.   Conformance: All SECS structures, including roof mounted, towers, and accessory buildings, shall conform to the appropriate Village related rules and regulations pertaining to their construction, design, operation and maintenance.

   C.   Electric Vehicle Charging Station: The Village of Mount Prospect recognizes the growing electric vehicle market and proposes the following minimum standards in order to reduce automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants, encourage electric vehicle charging infrastructure to increase electric vehicle usage across the Village, and streamline the permitting process:

      1.   Location: Electric charging station equipment shall not block the public right-of-way. EV charging stations are encouraged in landscaped areas. If located within a parking lot, EV charging stations shall be placed to minimize vehicular and pedestrian conflicts and maintain site aesthetics.

      2.   Signage: A public charging station must be posted with a sign indicating the space is only for electric vehicle purposes. Days and hours of operation must be included if time limits or tow away provisions are to be enforced by the property owner. Information identifying voltage and amperage levels or safety information shall be posted. Only signs required to identify the purpose and function of the charging station and corresponding parking space are allowed in compliance with Chapter 7 Sign Regulations. Off-premises advertisement of goods and services is prohibited on LED screens or on any other component of the charging station through images or sound.

      3.   Parking: Charging station spaces reserved only for electric vehicles may be included in the overall calculation of minimum parking spaces required for the primary use by this Chapter, provided that such charging station spaces do not (a) account for more than 10% of the minimum parking spaces required, or (b) reduce the dimensions of adjoining spaces or the parking aisle or reduce the number of available spaces below the minimum required by Article XXII Off Street Parking and Loading. Subject to the conditions of this Article, additional charging station spaces may be constructed but they will not count towards any minimum parking spaces required.

      4.   Accessibility: If any EV charging stations are constructed in nonsingle-family residential districts, a minimum of one accessible charging station with an adjacent accessible parking space shall be installed per development in compliance with all local, state, and federal accessibility requirements. The accessible charging station does not have to be designated for exclusive use of persons with disabilities, unless it is intended to satisfy the overall accessibility requirement of Article XXII Off Street Parking and Loading.

      5.   Screening: Charging station equipment must be screened from adjacent properties and the right-of-way with native ornamental grasses that are sufficiently tall and dense, as feasible. Documentation providing the rationale for screening that is not feasible shall be submitted by the installer and approved by the Director of Community Development.

      6.   Pavement Marking: Lettering that states "EV Charging" or "EV Charging Only" and any marking to delineate accessible spaces, shall be the only pavement marking permitted to identify charging station spaces.

      7.   Equipment Protection: All equipment shall be protected via curbing, bollards, or similar protective structure or device. (Ord. 6286, 12-6-2016; amd. Ord. 6669, 3-21-2023)

   A.   General Provisions: It shall be unlawful to construct, erect or replace any fence without first obtaining a permit from the Community Development Department. The permit may be granted only if the proposed fence is in compliance with the provisions of this Code. For the purposes of this section, freestanding walls shall be considered fences.

   B.   Height And Location:

      1.   Separation: Where existing drainage patterns would not be adversely impacted, a maximum of two inch (2") separation shall be maintained between the fence and the finished grade to provide for adequate drainage. Fences located across drainage swales shall be a maximum of six inches (6") above finished grade, unless the Village Engineer requires a larger separation. Fences shall not be permitted in floodway areas as designated on FEMA's Flood Boundary and Floodway Map.

      2.   Sight Triangle: No fence greater than three feet (3') in height shall be placed within a sight triangle so as to obstruct or limit the line of sight for a motorist, cyclist, or pedestrian.

      3.   Encroachment: All fences shall be entirely on private property. Fences may not encroach on adjoining lots or public rights-of-way.

      4.   Fenceable Area: Under no circumstances shall a fence enclose an area that is less than fifty percent (50%) of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools.

      5.   Six Foot Fences: Fences up to six feet (6') in height will be permitted as follows:

         a.   Rear And Interior Side Yards: Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line, then sufficient access must be provided to the area between fence and property line to allow for proper maintenance.

         b.   Exterior Side Yards: Open and solid style fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and set back one foot (1') from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot, a one foot (1') setback for an open style fence or a ten foot (10') setback for a solid style fence shall be maintained from the property line along the exterior side yard.

      6.   Swimming Pool Fences: Fences and gates at least four feet (4'), but not greater than five feet (5'), in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet (4') above grade may be placed as follows:

         a.   Along the perimeter of the pool walk areas; or

         b.   Along the perimeter of the lot as described in subsection B5 of this section.

      7.   Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as follows:

         a.   In industrial and commercial districts when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses.

         b.   In residential zoning districts, along rear or side property lines contiguous to railroad rights-of-way.

         c.   Public swimming pools, along the perimeter of the pool area.

      8.   Method For Determining Fence Height: Fence height shall be measured vertically from finished grade to the top of the fence. Posts, including caps, used specifically for supporting a fence may exceed the applicable height limit by a maximum of eight inches (8"). The required separation for drainage purposes shall not be counted toward the fence height limitations.

      9.   Utility Easements: The construction of fences in utility easements is subject to the condition of the easement.

      10.   Recreational Facilities: Open mesh chainlink fences up to twenty feet (20') in height may be permitted surrounding recreational facilities such as tennis courts, athletic fields, or similar uses subject to the approval of the Community Development Director.

   C.   Construction:

      1.   Fences may be constructed of wood, chainlink, masonry, aluminum, wrought iron, composite, or similar materials and shall be constructed so that only a smooth finished side faces an abutting lot or road.

      2.   It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or any wire charged with electrical current, anywhere within the Village except to protect industrial property, in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property.

      3.   Fences used for the purpose of screening outdoor storage, mechanical or utility equipment in commercial and industrial districts shall be of solid style. Fences may be constructed of wood, masonry, or other material subject to approval by the Director of Community Development.

All other fences may be open style except where adjacent to residential property, in which case, the fence must be a solid style.

      4.   Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the Community Development Director.

      5.   Temporary construction, safety, and silt fencing may be permitted only as part of a construction project for which a current building permit exists. Temporary construction, safety, and silt fencing shall be removed upon completion of the construction project. (Ord. 6319, 4-18-2017)

   A.   Permitted Obstructions In Required Yards: Permitted obstructions in the C-R District are regulated in article VII of this chapter. For all other zoning districts, the following regulations shall be applicable to structures located within the required yards. For structures located within the buildable area (outside of the required yards), bulk, lot coverage and other associated regulations within this chapter shall apply.

 

   B.   Exceptions:

      1.   Lot Coverage And Floor Area Ratio: Permitted obstructions shall comply with requirements for "impervious surface" and floor area ratio as defined in this chapter with exception of outdoor storage cabinets, decorative outdoor structures, rain barrels, arbors and trellises.

      2.   Building Permits: A building permit is not required for the following permitted obstructions: outdoor storage cabinets, basketball standards, decorative outdoor structures, rain barrels, arbors and trellises, as defined in this chapter.

      3.   Number Permitted: Permitted obstructions as listed in this section shall not contribute to the total number of accessory structures permitted per lot as regulated in section 14.306 of this article.

   C.   Additional Requirements For Permitted Obstructions:

      1.   Rain Barrels: Rain barrels located in exterior side yards shall be screened via landscaped hedge. Rain barrels shall be equipped with a screen to prevent insect nesting and provide an overflow system to direct excess rainwater away from the primary building structure.

      2.   Mechanical Equipment: Central air conditioning units, generators and similar mechanical equipment shall be located on the rear elevation of any principal structure. If the units cannot be reasonably placed on the rear elevation because of operational reasons, such units may be placed in up to twenty five percent (25%) of a required side yard, provided such location does not result in exhaust discharge upon any adjoining building or vegetation. Documentation verifying that the units cannot be located at the rear of the structure shall be submitted by the installer and approved by the Director of Community Development. A screening plan which includes fencing or landscaping must be submitted with the permit and approved by the Director of Community Development.

      3.   Outdoor Storage Cabinets:

         a.   Number Permitted: A maximum of one (1) outdoor storage cabinet is permitted per lot.

         b.   Size: Outdoor storage cabinets shall not exceed one hundred (100) cubic feet in size, and shall not exceed a height of seven feet (7').

         c.   Location: Outdoor storage cabinets shall not be located in a required front or exterior side yard. On lots fifty five feet (55') in width or less, outdoor storage cabinets shall be set back three feet (3') from any interior side or rear lot line. On lots greater in width than fifty five feet (55'), outdoor storage cabinets shall be set back five feet (5') from any interior side or rear lot line.

      4.   Unenclosed Porches:

         a.   No Site line obstruction shall be created;

         b.   Building materials shall be consistent with the remainder of the structure;

         c.   The design shall blend with eth existing structure and neighboring homes; and

         d.   The porch shall be in character with the neighborhood. (Ord. 6286, 12-6-2016; amd. Ord. 6528, 9-2-2020; Ord. 6583, 9-5-2021; Ord. 6657, 12-20-2022)

No building, structure, landscape planting or other obstruction shall be permitted between a height of three feet (3') and six feet (6'), as measured from grade, within a triangular area established at the intersection of the front and exterior side lot lines, or the exterior side and rear lot lines of a corner lot. Such triangle shall have legs of ten feet (10') along said front, exterior side, or rear lot lines, measured along the lot lines at the point of intersection. In unique situations, the Director shall determine the distance that is reasonably safe. (Ord. 6330, 6-6-2017)