Detached garages, lawn storage sheds, satellite earth stations, solar energy collection panels, and shelter for pets may be constructed in any side or rear yard area provided that such structures are kept at least three feet from any lot line; except six feet between the accessory use and side lot line adjacent to the principal structure, and provided further that an accessory use shall be separated by at least ten feet from the principal structure occupying the lot in the side or rear yard areas, and comply with other yard restriction sections of this Code.

(Code 2007, § 150.073; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1985-86-21, 8-5-1985; Ord. No. 90-92-19; Ord. No. 91-92-14; Ord. No. 91-92-16)

Satellite earth stations may be located in any zone other than residential zones so that no part of the station extends to within three feet of the property line. However, if the property line abuts a residential zone, then no part of the station shall extend to within six feet of the property line.

(Code 2007, § 150.074; Ord. No. 1991-92-29)

(a)

A fence may be erected and maintained along any lot line to a height not to exceed six feet above ground level except no fence shall be erected in a front yard.

(b)

No fence shall be located in the front yard or side yard adjacent to a street on a corner lot.

(c)

No electric or barbed wire fence shall be erected and maintained in any residential or office district zone.

(d)

A wall may be erected on any lot line to a height not to exceed six feet, except no wall shall be erected in a front yard or a side yard adjacent to a street.

(e)

A hedge may be grown on any lot line to a height not to exceed six feet except hedges grown in a front yard or side yard adjacent to a street shall not be more than three feet above street grade or within 25 feet of the intersection of any street lines or of projected street lines.

(f)

In a planned unit development, with approval of the planning and zoning commission, fences may be constructed and maintained outside the building setback line.

(Code 2007, § 150.075; Ord. No. 1985-86-12; Ord. No. 91-92-14)

Except as herein provided, all buildings and other structures constructed in the village after the effective date of the ordinance from which this chapter is derived shall conform with section 119-181, in terms of maximum height, maximum coverage, and maximum floor area ratio.

(Code 2007, § 150.080; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-8-19, 2-4-1980)

The maximum height, as set forth under each zoning district, shall be the greatest building height allowed for either the principal or accessory buildings, except that all accessory buildings in residential zones shall be limited to one story, 20 feet in height maximum.

(Code 2007, § 150.081; Ord. No. 1979-80-19, 2-4-1980)

The floor area ratio, as set forth under each zoning district, shall be the maximum allowable for the building or buildings (principal and accessory) on a lot or site.

(Code 2007, § 150.082; Ord. No. 1979-80-19, 2-4-1980)

The maximum coverage, as set forth under each zoning district, shall be the maximum building coverage allowable for the building or buildings (principal and accessory) on a lot or site.

(Code 2007, § 150.083; Ord. No. 1979-80-19, 2-4-1980)

The following are instances where exceptions to the building bulk regulations shown in section 119-180 may be permitted:

(1)

The height regulations shall not apply for all radio towers, television towers, antennas, church spires, belfries, monuments, tanks, water and fire towers, stage towers, smokestacks, chimneys, and flag poles, provided that the maximum height does not exceed 50 feet.

(2)

Public, semipublic buildings, public utilities, public service buildings, civic buildings, hospitals, schools, churches, temples, grain elevators, scenery, lofts, elevators, bulkheads, and silos where permitted may be erected to a height not to exceed 50 feet, provided that the side and rear yards are increased by one foot for each foot of additional building height above the height regulations for which the building is located. The main shadow area shall be 2½ times the height of the buildings.

(3)

Relief from the building bulk regulations may be granted in the form of a variance, but only when approved in accordance with the provisions as set forth in article II, division 3 of this chapter.

(4)

Modifications may be permitted in the building bulk regulations in a planned unit development as provided in article IX of this chapter.

(5)

Legally nonconforming uses as provided for in article II, division 4 of this chapter.

(Code 2007, § 150.084; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

A home occupation may be permitted as a use incidental to a residential use in any detached resident dwelling when:

(1)

Carried on by a member of the immediate family residing on the premises;

(2)

In connection with which there is no sign display or other evidence which would indicate from the exterior that the building is being used for any purpose other than a single-family dwelling, other than a name plate not to exceed two square feet affixed to the building showing the name of the occupant and the services provided;

(3)

There is no commodity sold upon the premises;

(4)

No person is employed other than a member of the immediate family residing on the premises;

(5)

No mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes;

(6)

No exterior storage of equipment or materials used in connection with home occupation;

(7)

Home occupation shall not utilize more than 25 percent of the total floor area of the dwelling unit.

(b)

Permitted home occupations may include, but are not limited to, art studios; dressmakers; emergency offices for doctors and physicians, but not offices for general practice; tutoring and teaching, including musical instruments, but limited to one student at a time, and for only ten hours per day from 10:00 a.m. till 8:00 p.m.; and one chair barber or beauty shops.

(Code 2007, § 150.090; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 91-92-14)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Baked goods include, but are not limited to, breads, cookies, cakes, pies, pastries and high-acid fruit pies that use apples, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currant or a combination of these fruits per 410 ILCS 625/4(b)(1)(C).

Home kitchen operation shall have the same meaning as ascribed in the section 3.6(a-5) of the Food Handling Regulation Enforcement Act, 410 ILCS 625/3.6(a-5).

Potentially hazardous food means a food that is potentially hazardous according to the Department of Public Health administrative rules. In general, the term "potentially hazardous food" means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin formation as defined pursuant to 410 ILCS 625/4(a). The following are potentially hazardous and prohibited from production and direct sale by a home kitchen operation: pumpkin pies, sweet potato pies, cheesecake, custard pies, crème pies, and pastries with potentially hazardous filling or toppings.

(b)

Home kitchen operation qualifications. The following conditions must be met in order to qualify as a home kitchen operation pursuant to section 3.6 of the Food Handling Regulation Enforcement Act (410 ILCS 625/3.6):

(1)

Monthly gross sales do not exceed $1,000.00;

(2)

The food is a non-potentially hazardous baked good;

(3)

A notice is provided to the purchaser that the product was produced in a home kitchen;

(4)

The food package is affixed with a label or other written notice is provided to the purchaser that includes:

a.

The common or usual name of the food product;

b.

Allergen labeling as specified in federal labeling requirements by the United States Food and Drug Administration.

(5)

The food is sold directly to the consumer;

(6)

The food is stored in the residence where it is produced or packaged;

(7)

Per the provisions of this chapter, the home kitchen operation must be entirely incidental to residential use when:

a.

Carried on in the main building and is not used primarily or exclusively for the home kitchen operation;

b.

Is carried on by a member of the immediately family, residing on the premises;

c.

There is no commodity displayed or sold upon the premises;

d.

No person is employed other than a member of the immediate family residing on the premises; and

e.

No mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes.

(8)

Home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes; the production or packaging of non-potentially hazardous baked goods for these purposes is exempt from the requirements of this chapter.

(c)

Inspections. The department of public health or the county health department may inspect a home kitchen operation in the event of a complaint or disease outbreak.

(Code 2007, § 150.091; Ord. No. 2017-15, §§ 1—4, 6-19-2017)