The village, for the purpose of this chapter, is hereby divided into the following zoning districts:

(Code 1981, § 10-3-1)

(a)

Adoption. The location and boundaries of the districts established by this chapter are indicated upon the map entitled "Official Zoning Map, Village of New Lenox, Illinois," which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

Location of official map. The official zoning map shall be located in the office of the village clerk and shall be the final authority as to the current zoning status of land and buildings, subject to such authorized amendments which may be in effect.

(c)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following village limits shall be construed as following village limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (c)(1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by dimensions shown on the map, or, in the absence of dimensions, by the scale of the map.

(7)

Where a zoning district boundary line divides a lot in single ownership on the effective date hereof the regulations of this chapter for either portion of such lot may, at the owner's discretion, apply to the entire area of the lot or 25 feet beyond the zoning district boundary line, whichever is the lesser distance.

(8)

All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways and railroad rights-of-way. The centerline of a street, alley, public way or railroad right-of-way, unless otherwise specifically designated, shall be deemed to be the district boundary.

(9)

Streets or alleys which are shown on the map and which have heretofore been vacated, or which are vacated hereafter, shall be in the same district as the land abutting both sides of the street or alley. If the land abutting each side of the street or alley was located in different districts before the street or alley was vacated, the centerline of the vacated street or alley shall be the district boundary.

(10)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (c)(1) through (6) of this section, the zoning board of appeals shall interpret the district boundaries.

(d)

Changes. If, by amendment to this chapter, any change is made in any district boundary or in any other matter shown on the official zoning map, such change shall be indicated on the map promptly after the amendment is adopted. The date of the latest updating of the official zoning map shall be shown on the face of the map.

(Code 1981, § 10-3-2)

It is the intent that the entire area of zoning jurisdiction, including all land and water areas, rivers, streets, alleys and railroads and other rights-of-way, be included in the districts established by this chapter. If any area is not shown on the official zoning map as being included in any district, it shall be deemed to be in the R-1 single-family residence district.

(Code 1981, § 10-3-3)

Any territory hereafter annexed shall, upon annexation, be automatically classified in the R-1 single-family residence district, until such territory is reclassified in a manner provided by law. If, within 90 days after annexation, no application for reclassification of the property has been filed, the plan commission shall, on its own motion, schedule a public hearing on the advisability of the zoning classification of the property, and thereafter, if needed, make recommendations for the reclassification of the property. This section shall not apply to territory annexed with a valid pre-annexation agreement adopted pursuant to the Illinois Municipal Code, 65 ILCS 5/11-15.1-1.

(Code 1981, § 10-3-4)

(a)

Description. The A agricultural district is described as a zoning district in which agriculture and certain related uses are encouraged in principal and primary uses of the land so as to preserve fertile tillable soils as a most valuable natural resource, enhance and maintain the sound economic base that agricultural pursuits provide the county and the region, guard and protect sociological relationships that are a necessary part of the lives and well-being of rural people in partnership with nature, and preserve and protect the fundamental relationship that exists between successful agricultural efforts and the inherent natural and manmade characteristics of the land.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Agricultural uses:

a.

Farming, horticulture, forestry, crop and tree farming, gardening, dairy farming, stock raising, horse breeding, domestic animals, and poultry breeding and raising, together with the operation of any machinery or vehicles incidental to such use.

b.

Sale of agricultural products produced on the premises.

(2)

Residential uses:

a.

Farm homestead.

b.

A single-family detached dwelling on a parcel which was legally created consisting of five acres or more recorded on or before July 20, 1978, that otherwise meet the requirements of subsection (g) of this section.

c.

One manufactured housing unit on a separate ground area of not less than ten acres with adequate provisions to meet current health code regulations. The separate ground area may be owned or leased. Construction standards for the manufactured housing unit must meet or exceed the requirements of the state department of public health rules and regulations for manufactured housing units. All units must display a state department of public health approval seal.

(c)

Special uses permitted. The following uses may be permitted only if specifically authorized by the village board as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Agricultural uses:

a.

Research and/or experimental farms.

b.

Greenhouses and nurseries.

(3)

Public and quasipublic buildings and facilities:

a.

Public parks, public playgrounds, public golf courses and public community center buildings.

b.

Parish houses and convents, monasteries and religious retreat houses, orphanages, day care centers and nurseries.

c.

Houses of worship.

d.

Cemeteries.

e.

Forest preserves.

f.

Essential services, police and fire stations, cable television antennas, public utilities, gas regulator stations, telephone exchanges and electric substations.

g.

Manmade lakes, waterways, hydraulic power plants and terminals.

h.

Convalescent or nursing homes, clinics, hospitals and sanitariums.

i.

Wireless communication facilities.

j.

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(4)

Planned unit developments (see article VII of this chapter.)

(5)

Schools or colleges.

(6)

Commercial uses: sale of farm supplies by farmers as agents, where grain elevators or similar commercial facilities are not maintained on the premises.

(7)

Agricultural implement sales and services.

(8)

Central sewage treatment plants.

(9)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(10)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(11)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(12)

Ground-mounted commercial solar energy facilities, subject to the requirements of article XII of this chapter.

(d)

Temporary uses permitted. Upon application to and issuance by the zoning board of appeals of a permit therefor, the following uses may be operated as temporary uses:

(1)

Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

(2)

Temporary building for a construction office directly related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

(3)

Real estate subdivision sign not to exceed 100 square feet for each face. Signs shall be nonilluminated. Each permit shall specify the location of the sign. Each such permit shall be valid for a period of six calendar months and shall not be renewed for more than four successive periods at the same location.

(4)

Trailer to be used during the construction of a residence, not to exceed one year.

(5)

Christmas tree sales. Each permit shall be valid for a period of not more than 60 days.

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structural features inconsistent with the permitted or special use. Accessory uses may include:

(1)

Garages, carports or other parking spaces for the exclusive use of residents or occupants of the premises.

(2)

Home occupations.

(3)

Swimming pools, in accordance with requirements.

(4)

Signs, in accordance with the village sign code, article VIII of this chapter.

(5)

Storage sheds, in accordance with sections 18-33 and 106-13.

(6)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(7)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Prohibited uses. All uses not expressly authorized in subsections (b), (c), (d) and (e) of this section are prohibited.

(g)

Site and structural requirements.

(1)

Minimum lot area. A separate ground area of not less than ten acres shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.

(2)

Minimum lot width. A minimum lot width of 660 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 100 feet from the centerline of the road.

(4)

Side yard. All structures shall be set in a distance of not less than 50 feet from the rear lot line.

(5)

Rear yard. All structures shall be set in a distance of not less than 50 feet from the rear lot line.

(6)

Maximum height. No principal structure shall exceed 35 feet in height, and no accessory structure shall exceed 20 feet in height, except as provided in section 106-12.

(7)

Floor area ratio. The floor area ratio in the A agricultural district shall not exceed 0.2.

(8)

Minimum size of dwellings. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,200 square feet of livable floor area, exclusive of basement or garage space.

(h)

Special provisions.

(1)

Parking requirements. Parking requirements shall be in accordance with the applicable regulations in article VI of this chapter.

(2)

Sign requirements. Sign requirements shall be in accordance with the applicable regulations set forth in article VIII of this chapter.

(3)

Farm buildings. Farm buildings and structures, except for residences and garages on parcels over ten acres in size, shall be exempt from the provisions of this section when used for the agricultural purposes intended. However, the front yard requirements shall be adhered to.

(4)

Fences. Barbed wire and electrically charged fences are permitted in accordance with the provisions of section 106-11(7)a.7.

(5)

Wireless communication facilities.

(a)

Wireless communication facilities mounted on existing non-residential structures shall be subject to the following requirements:

(1)

Minimum height: No wireless communication antenna or equipment shall increase the height of the non-residential structure on which it is mounted by more than 20 percent or 20 feet, whichever is the lesser.

(2)

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

(3)

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structural requirements of section 106-111(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

(4)

Abandoned or Unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(b)

Freestanding wireless communication facilities on parcels over ten acres in size shall be exempt from the site and structural requirements of section 106-111(g), and shall be subject to the following requirements:

(1)

No special use permit for a freestanding wireless communication facility shall be granted unless the president and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

(i)

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

(ii)

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

(iii)

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

(iv)

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

2.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited.

3.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

4.

Side yard. All wireless communication towers shall be set in a minimum of one and one-half feet from the side lot line for every one foot in tower height.

5.

Rear yard. All wireless communication towers shall be set in a minimum of one and one-half feet from the rear lot line for every one foot in tower height.

6.

Fall zone: All wireless communication towers shall be setback a minimum of one and one-half feet from all other site improvements for every one foot in tower height, providing a clear fall zone.

7.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

8.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

9.

Accessory structures. Freestanding accessory structures shall comply with all site and structural requirements of section 106-111(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

10.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

11.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structural requirements of section 106-111(g).

12.

Abandoned or unused facilities. Abandoned or unused facilities, towers or portions of towers, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(Code 1981, §§ 10-3.1-1—10-3.1-8; Ord. No. 1131, § 2, 3-26-1997; Ord. No. 1195, §§ 2, 3, 5-13-1998; Ord. No. 2109, §§ 1, 2, 5-24-2010; Ord. No. 2728, § 3, 7-23-2018; Ord. No. 3135, § 1, 9-23-2024; Ord. No. 3153, § 1, 12-16-2024)

The residential district regulations are intended to govern the location, intensity and method of development of the residential areas of the village. The regulations of each district are designed to provide for the protection of existing residential areas and to provide for new residential growth in accord with the design and density objectives of the community. The residential uses have been grouped into the following residential districts:

(Code 1981, § 10-4-1)

(a)

Description. The R-1 single-family residence district is composed of certain quiet, low density residential areas of the village plus certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of predominantly low density single-unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district.

(b)

Uses permitted. No land shall be used or occupied, and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses: single-family detached dwellings.

(2)

Public, quasipublic and governmental buildings and facilities, such as but not limited to:

a.

Public parks, public playgrounds, public golf courses and public community center buildings.

b.

Public and parochial schools.

c.

Public libraries, in conjunction with schools.

d.

Parish houses and convents, in conjunction with schools.

e.

Essential services, gas regulator stations, telephone exchanges, and electric substations.

(3)

Agricultural uses, such as but not limited to:

a.

Gardening and general farming.

b.

Nurseries.

c.

Greenhouses.

(4)

Small residential care homes, provided:

a.

They are eligible to have obtained a state license or certification or the sponsoring agency is licensed or certified by the state to operate residential care homes;

b.

They are located not less than 500 feet from another small residential care home; and

c.

Prior to occupancy, a certificate of zoning compliance is applied for and received.

(c)

Special uses permitted.

(1)

The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

a.

Similar and compatible uses to those allowed as permitted uses in this district.

b.

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

c.

Country clubs, tennis clubs, swimming pools and similar recreational uses.

d.

Planned unit developments.

e.

Quasipublic or not-for-profit commercial uses which are compatible in terms of architecture and site characteristics with the surrounding residential neighborhood.

f.

Wireless communication facilities mounted on existing non-residential structures.

g.

Freestanding wireless communication facilities located on publicly-owned land.

h.

Small wind energy systems, subject to the requirements of article XI of this chapter.

i.

Cemeteries.

j.

Columbariums.

k.

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(2)

The following special uses shall be authorized in the R-1 single-family residence district subject to the provisions of section 106-48. All other applicable provisions of this chapter, including those of the district in which the proposed special use is to be located, shall apply, except as expressly modified by the terms of the special use permit in order to comply with the standards set forth in section 106-48.

a.

Small residential care homes located less than 500 feet from another small residential care home, provided:

1.

The president and board of trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood and would not create an institutional setting, and that its operation would not create an adverse effect on surrounding properties.

2.

They are eligible to have obtained a state license or certification or the sponsoring agency is licensed or certified by the state to operate residential care homes.

3.

Prior to occupancy, a certificate of zoning compliance is applied for and received.

b.

Large residential care homes subject to the following conditions:

1.

No such home shall be located less than 500 feet from a small or large residential care home; provided, however, that this spacing requirement may be waived if the president and board of trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties.

2.

Each home shall be eligible or have obtained a state license or certification, or the sponsoring agency shall be duly licensed or certified by the state. Prior to admitting residents, the operator of such home shall demonstrate that the dwelling will comply with all applicable licensing and code standards.

3.

The applicant shall submit a statement of the exact nature of the home, the qualifications of the agency that will operate the home, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the home.

4.

The home shall, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located.

5.

Prior to occupancy, a certificate of zoning compliance shall be applied for and received.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-132(f)(3). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-132(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Garages, carports or other parking spaces for the exclusive use of residents or occupants of the premises.

(2)

Living quarters of persons employed on the premises, and not rented or otherwise used as a separate dwelling.

(3)

Swimming pools, in accordance with requirements.

(4)

Real estate signs, not exceeding 12 square feet for each face and set back from every property line at least ten feet.

(5)

Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes. Dogs and cats shall be limited to three mature animals, plus offspring not over three months of age.

(6)

Storage sheds, in accordance with sections 18-33 and 106-13.

(7)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(8)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. The minimum lot area shall be as follows:

a.

Subdivisions for which final plats were applied for prior to March 24, 1993: 11,500 square feet.

b.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 12,500 square feet.

(2)

Minimum lot width. The minimum lot width shall be 90 feet.

(3)

Yard requirements. The minimum yard required in the R-1 district shall be as follows:

a.

Front yard:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: 30 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 35 feet.

b.

Interior side yard:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: ten feet minimum, with the sum of the two sides not less than 25 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 15 feet minimum, with the sum of the two sides not less than 30 feet.

c.

Rear yard:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: ten feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 25 percent of lot depth, which need not exceed 35 feet.

(4)

Maximum height. Maximum height shall be as follows:

a.

Principal structures:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: 2½ stories, not to exceed 35 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: three stories, not to exceed 40 feet.

b.

Accessory structures: 15 feet.

(5)

Minimum size of dwellings. Minimum size of principal structures shall be as follows:

a.

Subdivisions for which final plats were applied for prior to March 24, 1993: 1,500 square feet, exclusive of basement or garage area.

b.

Subdivisions for which final plats were applied for between March 24, 1993 and June 26, 2001: 1,800 square feet, exclusive of basement or garage area.

c.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,800 square feet, exclusive of basement or garage area, for ranch units and 2,000 square feet, exclusive of basement or garage area, for all other housing styles.

(6)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions.

(1)

Parking requirements. Parking requirements shall be in accordance with the applicable regulations set forth in article VI of this chapter.

(2)

Sign requirements. Sign requirements shall be in accordance with the applicable regulations set forth in article VIII of this chapter.

(3)

Commercial vehicles and trucks, or commercial trailers.

a.

The parking or storing of commercial vehicles and trucks with an Illinois State license plate of higher than a F classification (or an out of state equivalent), including truck tractors and tow trucks, is prohibited on a lot in the R-1 district, except as follows:

1.

When in the process of delivering or receiving goods, materials or merchandise,

2.

When utilized in the process of installation, repair or maintenance of landscaping during the actual time of parking such vehicle,

3.

When involved in the installation, repair or maintenance of utilities,

4.

When utilized in the construction, repair or maintenance of any building, structure or grading project, during the actual time of parking such vehicle,

5.

When located in a fully enclosed building or structure, or

6.

Unladen tow trucks, when authorized by the village and contracted to conduct recovery work, when such time as the driver assigned to the use of the tow truck is off-duty but on-call.

b.

The parking or storing of commercial vehicles with an Illinois State license plate of an F classification or less (or out of state equivalent), commercial trailers and business trailers is prohibited on a lot in the R-1 district, unless all of the following conditions are met:

1.

The commercial vehicles shall be parked on a hard surface driveway, shall display a valid village license for the use of said vehicle on any public street or alley in the village, shall be used as the owner's principal means of transportation, shall not be left idling or unattended so as to pose a nuisance, shall have no visible loads, and the overall height of the vehicle shall not exceed 90 inches,

2.

Commercial trailers and business trailers shall be parked on a hard surface driveway, shall have no visible loads, shall remain attached to the towing vehicle and in a manner so as to not block, extend or encroach into the right-of-way or over the public sidewalk, may not be parked or stored in a side or rear yard, shall be essential to the furtherance of the commercial or industrial enterprise and utilized on a regular basis, and the overall height shall not exceed 90 inches, and

3.

There shall be not more than a total of two commercial vehicles with an Illinois State license plate of an F classification or less (or out of state equivalent), commercial trailers or business trailers on a lot.

(4)

Non-commercial trailers, recreational vehicles and boats.

a.

One mobile home, travel trailer, camping trailer, boat, "RV", personal water craft, all-terrain vehicle, or similar recreational vehicle may be parked or stored, but not lived in, on a lot in the R-1 district from April 1 to October 31.

1.

Any vehicle permitted to be parked or stored on a lot pursuant to this section must be parked on a hard surface driveway. The vehicle may not extend or encroach into the right-of-way or over the public sidewalk and may not be parked on a public street.

b.

From November 1 to March 31, one vehicle allowed by this section may be parked or stored, but not lived in, on a lot in the R-1 district when located in a side or rear yard.

1.

When parked or stored in a side or rear yard, the vehicle must be parked on a hard surface driveway.

2.

In addition, when parked or stored in a side yard, the vehicle shall be located to the rear of the front wall of the principal building and must be adequately screened.

3.

As used in this section, "adequately screened" shall consist of a fence that shall be sufficient to substantially block the visibility of the recreational vehicle from the public way and shall be a minimum of three feet in height, but which shall in no event exceed a maximum height of six feet.

4.

On a corner lot, the front yard is considered to be both yards facing a public street.

c.

Whenever any mobile home or "RV" parked or stored on a lot in compliance with this section is commonly used in conjunction with an accessory trailer for towing purposes, such combination of recreational vehicle and accessory trailer shall be considered as one recreational vehicle for the purposes of this section, regardless of whether said accessory trailer has an additional recreational vehicle mounted thereupon.

d.

Moreover, whenever a recreational vehicle—such as a boat, personal water craft, all-terrain vehicle, or similar vehicle used for recreational purposes—is mounted on a trailer for towing purposes, such combination of recreational vehicle and trailer shall be considered as one recreational vehicle for the purposes of this section.

(5)

Tents. Tents shall not be erected, used or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.

(6)

Wireless communication facilities. Wireless communication facilities mounted on existing non-residential structures shall be subject to the following requirements:

1.

Maximum height. No wireless communication antenna or equipment shall increase the height of the non-residential structure on which it is mounted by more than ten percent or ten feet, whichever is the lesser.

2.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

3.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-132(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

4.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(7)

Freestanding wireless communication facilities located on publicly-owned land shall be exempt from the site and structure requirements of section 106-132(f) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-132(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-132(f).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-4-2; Ord. No. 1154, § 2, 6-25-1997; Ord. No. 1195, §§ 4, 5(10-4-2), 5-13-1998; Ord. No. 1349, § 1, 6-26-2001; Ord. No. 1375, § 1, 12-12-2001; Ord. No. 1464, § 2, 5-13-2003; Ord. No. 1507, §§ 2, 3, 11-12-2003; Ord. No. 1563, § 2, 7-13-2004; Ord. No. 1564, § 1, 7-14-2004; Ord. No. 1745, § 1, 3-28-2006; Ord. No. 1934, § 3, 3-24-2008; Ord. No. 2073, § 1, 11-9-2009; Ord. No. 2109, §§ 3, 4, 5-24-2010; Ord. No. 2115, § 1, 7-12-2010; Ord. No. 2116, § 1, 7-12-2010; Ord. No. 2157, § 4, 3-14-2011; Ord. No. 2389, § 1, 11-25-2013; Ord. No. 2609, § 1, 11-28-2016; Ord. No. 2728, § 4, 7-23-2018)

(a)

Description. The R-2A single-family residence district is intended to provide single-family areas of low density character. Uses permitted in the R-2A district are the same as those permitted in the R-1 district, but bulk regulations permit slightly higher densities in conformity with existing conditions.

(b)

Uses permitted. No land shall be used or occupied, and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses: Any permitted use in the R-1 district.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the village board as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Special uses permitted in the R-1 district.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-133(f)(3). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-133(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Roomers and boarders, not to exceed two.

(f)

Site and structure requirements.

(1)

Minimum lot area. Minimum lot area shall be 10,500 square feet.

(2)

Minimum lot width. Minimum lot width shall be 80 feet.

(3)

Yard requirements. The minimum yards required in the R-2A district shall be as follows:

a.

Front yard: 30 feet.

b.

Interior side yard: ten feet minimum, with the sum of the two sides not less than 25 feet.

c.

Rear yard: 25 percent of the lot depth, which need not exceed 30 feet.

(4)

Maximum height. Maximum height shall be as follows:

a.

Principal structure: three stories, not to exceed 40 feet.

b.

Accessory structures: 15 feet.

(5)

Minimum size of dwellings. Minimum size of principal structures shall be as follows:

a.

Subdivisions for which final plats were applied for prior to June 26, 2001: 1,500 square feet, exclusive of basement or garage area.

b.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,800 square feet, exclusive of basement or garage area, for ranch units and 2,000 square feet, exclusive of basement or garage area, for all other housing styles.

(6)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions. Special provisions as required in the R-1 district, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-133(f).

(Code 1981, § 10-4-3; Ord. No. 1154, § 3(A), 6-25-1997; Ord. No. 1195, § 6(10-4-3), 5-13-1998; Ord. No. 1349, § 2, 6-26-2001; Ord. No. 1375, § 2, 12-12-2001; Ord. No. 1564, § 2, 7-14-2004; Ord. No. 1745, § 2, 3-28-2006; Ord. No. 1934, § 4, 3-24-2008; Ord. No. 2115, § 2, 7-12-2010; Ord. No. 2116, § 2, 7-12-2010; Ord. No. 2157, § 5, 3-14-2011)

(a)

Description. The R-2 single-family residence district provides for the protection of the community developed principally for single-family uses. Uses permitted in the R-2 district are the same as those permitted in the R-1 district, but bulk regulations permit higher densities in conformity with existing conditions.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses: single-family detached dwellings.

(2)

Public, quasipublic and governmental buildings and facilities, such as but not limited to public, quasipublic and governmental buildings permitted in the R-1 district (see section 106-132(b)(2)).

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Special uses permitted in the R-1 district.

(3)

Quasipublic or not-for-profit commercial use which is compatible in terms of architecture and site characteristics with the surrounding residential neighborhood.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-134(f)(3). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-134(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Roomers and boarders, not to exceed two.

(f)

Site and structure requirements.

(1)

Minimum lot area. The minimum lot area is 9,375 square feet.

(2)

Minimum lot width. The minimum lot width is 75 feet.

(3)

Yard requirements. The minimum yards required in the R-2 district shall be as follows:

a.

Front yard: 30 feet.

b.

Interior side yard: ten feet minimum, with the sum of the two sides not less than 20 feet.

c.

Rear yard:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: ten feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 25 percent of lot depth, which need not exceed 30 feet.

(4)

Maximum height. Maximum height shall be as follows:

a.

Principal structure:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: 2½ stories, not to exceed 35 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: three stories, not to exceed 40 feet.

b.

Accessory structures: 15 feet.

(5)

Minimum size of dwellings. Minimum size of principal structures shall be as follows:

a.

Subdivisions for which final plats were applied for prior to June 26, 2001: 1,300 square feet, exclusive of basement or garage area.

b.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,500 square feet, exclusive of basement or garage area, for ranch units and 1,800 square feet, exclusive of basement or garage area, for all other housing styles.

(6)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions. Special provisions as required in the R-1 district, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-134(f).

(Code 1981, § 10-4-4; Ord. No. 1154, § 4, 6-25-1997; Ord. No. 1195, § 7(10-4-4), 5-13-1998; Ord. No. 1349, § 3, 6-26-2001; Ord. No. 1375, § 3, 12-12-2001; Ord. No. 1564, § 3, 7-14-2004; Ord. No. 1745, § 3, 3-28-2006; Ord. No. 1934, § 5, 3-24-2008; Ord. No. 2115, § 3, 7-12-2010; Ord. No. 2116, § 3, 7-12-2010; Ord. No. 2157, § 6, 3-14-2011)

(a)

Description. The R-3 multifamily residence district is composed of certain medium density residential areas representing a compatible commingling of single-family, two-family and multifamily dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district. Large apartments, with corresponding proportions of open space, also may be developed under prescribed standards of density and open space. In addition to large areas allocated for this district, it has useful application as a buffer or transition zone along highways and major streets and bordering shopping centers.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

Multifamily dwellings.

(2)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings permitted in the R-1 district.

b.

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

(3)

Agricultural uses, such as:

a.

Gardening and general farming.

b.

Nurseries.

c.

Greenhouses.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(3)

Planned unit developments.

(4)

Convalescent or nursing homes.

(5)

Private schools or colleges.

(6)

Clubs, lodges, or social or recreational buildings or properties, not for profit.

(7)

Hospitals, clinics and sanitariums.

(8)

Nursery schools, day nurseries and child care centers. At least 150 square feet of outdoor play area must be provided for each child that is cared for.

(9)

Mobile home parks.

(10)

Wireless communication facilities mounted on existing multi-family dwellings or non-residential structures.

(11)

Freestanding wireless communication facilities located on publicly-owned land.

(12)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(13)

Cemeteries.

(14)

Columbariums.

(15)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-135(f)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-135(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Roomers or boarders, not to exceed four, by a resident family.

(4)

Professional office of a resident in his dwelling involving the employment of not to exceed one person not a resident of the premises.

(5)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(6)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. A separate ground area of not less than 9,375 square feet for single-family use, 10,875 square feet for two-family use, and 13,875 square feet for multifamily use, with at least 3,500 square feet for each multifamily dwelling unit of one or two bedrooms and with an additional 500 square feet for each bedroom over two bedrooms in the multifamily units, and 6,000 square feet for other uses, shall be designated, provided and continuously maintained for each permitted or special use.

(2)

Minimum lot width. A minimum lot width of 75 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 30 feet from the front lot line. (For corner lots, see section 106-10(d).)

(4)

Side yard. All structures shall be set in from the side lot line a distance of not less than 20 feet on the least side, with the sum of the two sides not less than 40 feet.

(5)

Rear yard. All structures shall be set in a distance of not less than 25 feet from the rear lot line.

(6)

Maximum height. No principal structure shall exceed 2½ stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in article I of this chapter.

(7)

Floor area ratio. The floor area ratio shall not exceed 0.7.

(8)

Minimum size of dwellings. Minimum size of dwelling units shall be as follows:

a.

Subdivisions for which final plats were applied for prior to June 26, 2001: 1,000 square feet of livable floor area for each single-family detached dwelling unit, 800 square feet of livable floor area for each two-family dwelling unit, and 600 square feet of livable floor area for each multi-family dwelling unit.

b.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,200 square feet of livable floor area for each single-family detached dwelling for ranch units, 1,500 square feet of livable floor area for each single-family detached dwelling for all other housing styles, 1,200 square feet of livable floor area for each two-family or multi-family dwelling unit containing two bedrooms, and 1,400 square feet of livable floor area for each two-family or multi-family dwelling unit containing three bedrooms.

(9)

Mobile home parks. The maximum number of mobile homes shall not exceed a density of five mobile homes per gross acre, and all design standards shall conform to the latest published copy of Minimum Property Standards for Mobile Home Courts, published by the Federal Housing Administration.

(10)

Number of units restricted. Notwithstanding anything contained in this section to the contrary, no more than four units or row house units on a single lot shall be erected, relocated, reconstructed or structurally altered within the corporate limits of the village in an R-3 district.

(11)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions. Special provisions as required in the R-1 district, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-135(f).

(Code 1981, § 10-4-5; Ord. No. 1154, § 5, 6-25-1997; Ord. No. 1195, §§ 8, 9(10-4-5), 5-13-1998; Ord. No. 1349, §§ 4, 5, 6-26-2001; Ord. No. 1375, § 4, 12-12-2001; Ord. No. 1379, § 1, 2-13-2002; Ord. No. 1507, §§ 4, 5, 11-12-2003; Ord. No. 1564, § 4, 7-14-2004; Ord. No. 1745, § 4, 3-28-2006; Ord. No. 1934, § 6, 3-24-2008; Ord. No. 2073, § 2, 11-9-2009; Ord. No. 2109, §§ 5, 6, 5-24-2010; Ord. No. 2115, § 4, 7-12-2010; Ord. No. 2116, § 4, 7-12-2010; Ord. No. 2157, § 7, 3-14-2011; Ord. No. 2728, § 5, 7-23-2018)

(a)

Description. The R-4 two unit residence district is composed of certain medium density residential areas representing a compatible commingling of single-family and two-family dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district. In addition to large areas allocated for this district, it has useful application as a buffer or transition zone along highways and major streets and bordering shopping centers.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

(2)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings permitted in the R-1 district.

b.

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

(3)

Agricultural uses, such as gardening and general farming.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(2)

Planned unit developments.

(3)

Private schools or colleges.

(4)

Clubs, lodges, or social or recreational buildings or properties, not for profit.

(5)

Wireless communication facilities mounted on existing multi-family dwellings or non-residential structures.

(6)

Freestanding wireless communication facilities located on publicly-owned land.

(7)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(8)

Cemeteries.

(9)

Columbariums.

(10)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-136(f)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-136(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Professional office of a resident in his dwelling involving the employment of not to exceed one person not a resident of the premises.

(4)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(5)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. A separate ground area, of not less than 9,375 square feet for single-family use, 10,875 square feet for two-family use, with an additional 500 square feet for each bedroom over two bedrooms in the two-family units, and 6,000 square feet of nonlivable floor area for other uses, shall be designated, provided and continuously maintained for each permitted or special use.

(2)

Minimum lot width. A minimum lot width of 75 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 30 feet from the front lot line. (For corner lots, see section 106-10(d).)

(4)

Side yard. All structures shall be set in from the side lot line a distance of not less than 15 feet on the least side, with the sum of the two sides not less than 30 feet.

(5)

Rear yard. All structures shall be set in a distance of not less than 20 feet from the rear lot line.

(6)

Maximum height. No principal structure shall exceed 2½ stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in article I of this chapter.

(7)

Floor area ratio. The floor area ratio shall not exceed 0.5.

(8)

Minimum size of dwellings. Minimum size of dwelling units shall be as follows:

a.

Subdivisions for which final plats were applied for prior to June 26, 2001: 1,000 square feet of livable floor area for each single-family detached dwelling unit, and 800 square feet of livable floor area for each two-family dwelling unit.

b.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,200 square feet of livable floor area for each single-family detached dwelling for ranch units, 1,500 square feet of livable floor area for each single-family detached dwelling for all other housing styles, 1,200 square feet of livable floor area for each two-family containing two bedrooms, and 1,400 square feet of livable floor area for each two-family dwelling unit containing three bedrooms.

(9)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions. Special provisions as required in the R-1 district, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-136(f).

(Code 1981, § 10-4-6; Ord. No. 1154, § 6, 6-25-1997; Ord. No. 1195, §§ 10, 11(10-4-6), 5-13-1998; Ord. No. 1349, §§ 6, 7, 6-26-2001; Ord. No. 1375, § 5, 12-12-2001; Ord. No. 1507, §§ 6, 7, 11-12-2003; Ord. No. 1564, § 5, 7-14-2004; Ord. No. 1745, § 5, 3-28-2006; Ord. No. 1934, § 7, 3-24-2008; Ord. No. 2073, § 3, 11-9-2009; Ord. No. 2109, §§ 7, 8, 5-24-2010; Ord. No. 2115, § 5, 7-12-2010; Ord. No. 2116, § 5, 7-12-2010; Ord. No. 2157, § 8, 3-14-2011; Ord. No. 2728, § 6, 7-23-2018)

(a)

Description. The R-5 three and four unit residence district is composed of certain medium density residential areas representing a compatible commingling of single-family dwellings, two-family dwellings and three- and four-family dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district. In addition to large areas allocated for this district, it has useful application as a buffer or transition zone along highways and major streets and bordering shopping centers.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

Three-family dwellings.

d.

Four-family dwellings.

(2)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings permitted in the R-1 district.

b.

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

(3)

Agricultural uses, such as gardening and general farming.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(2)

Planned unit developments.

(3)

Convalescent or nursing homes.

(4)

Private schools or colleges.

(5)

Clubs, lodges, or social or recreational buildings or properties, not for profit.

(6)

Nursery schools, day nurseries and child care centers. At least 150 square feet of outdoor play area must be provided for each child that is cared for.

(7)

Wireless communication facilities mounted on existing multi-family dwellings or non-residential structures.

(8)

Freestanding wireless communication facilities located on publicly-owned land.

(9)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(10)

Cemeteries.

(11)

Columbariums.

(12)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid for a period of six calendar months and shall not be renewed for more than four successive periods for the same subdivision, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in Section 106-137(f)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-137(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Professional office of a resident in his dwelling involving the employment of not to exceed one person not a resident of the premises.

(4)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(5)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. A separate ground area, of not less than 9,375 square feet for single-family use, 10,875 square feet for two-family use, and 13,875 square feet for three- and four-family use, with at least 3,500 square feet for each three- and four-family dwelling unit of one or two bedrooms and with an additional 500 square feet for each bedroom over two bedrooms in the three- and four-family units, and 6,000 square feet of nonlivable floor area for other uses, shall be designated, provided and continuously maintained for each permitted or special use.

(2)

Minimum lot width. A minimum lot width of 75 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 30 feet from the front lot line. (For corner lots, see section 106-10(d).)

(4)

Side yard. All structures shall be set in from the side lot line a distance of not less than 20 feet on the least side, with the sum of the two sides not less than 40 feet.

(5)

Rear yard. All structures shall be set in a distance of not less than 25 feet from the rear lot line.

(6)

Maximum height. No principal structure shall exceed 2½ stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in article I of this chapter.

(7)

Floor area ratio. The floor area ratio shall not exceed 0.7.

(8)

Minimum size of dwellings. Minimum size of dwelling units shall be as follows:

a.

Subdivisions for which final plats were applied for prior to June 26, 2001: 1,000 square feet of livable floor area for each single-family detached dwelling unit, 1,000 square feet of livable floor area for each two-family dwelling unit, and 800 square feet of livable floor area for each three and four-family dwelling unit.

b.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,200 square feet of livable floor area for each single-family detached dwelling for ranch units, 1,500 square feet of livable floor area for each single-family detached dwelling for all other housing styles, 1,200 square feet of livable floor area for each two-, three- or four-family dwelling unit containing two bedrooms, and 1,400 square feet of livable floor area for each two-, three- or four-family dwelling unit containing three bedrooms.

(9)

Special provisions. Special provisions as required in the R-1 district, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-137(f).

(10)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(Code 1981, § 10-4-7; Ord. No. 1154, § 7, 6-25-1997; Ord. No. 1195, §§ 12, 13(10-4-7), 5-13-1998; Ord. No. 1349, §§ 8, 9, 6-26-2001; Ord. No. 1375, § 6, 12-12-2001; Ord. No. 1507, §§ 8, 9, 11-12-2003; Ord. No. 1564, § 6, 7-14-2004; Ord. No. 1745, § 6, 3-28-2006; Ord. No. 1934, § 8, 3-24-2008; Ord. No. 2073, §4, 11-9-2009; Ord. No. 2109, §§ 9, 10, 5-24-2010; Ord. No. 2115, § 6, 7-12-2010; Ord. No. 2116, § 6, 7-12-2010; Ord. No. 2157, § 9, 3-14-2011; Ord. No. 2728, § 7, 7-23-2018)

(a)

Description of district. The R-1A single-family residence district (estate transition) is intended to provide an environment suitable for single-family residence and compatible uses at a low transition rate of urban population density.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

All permitted residential uses in the R-1 district.

(2)

All public, quasipublic and governmental buildings and facilities permitted in the R-1 district.

(3)

Agricultural uses, such as:

a.

Gardening and general farming.

b.

Nurseries.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the village comprehensive plan.

(3)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(4)

Planned unit developments.

(5)

Greenhouses and agricultural uses not delineated in this section.

(6)

Quasipublic or not-for-profit commercial use which is compatible in terms of architecture and site characteristics with the surrounding residential neighborhood.

(7)

Wireless communication facilities mounted on existing non-residential structures.

(8)

Freestanding wireless communication facilities located on publicly-owned land.

(9)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(10)

Cemeteries.

(11)

Columbariums.

(12)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-138(f)(3). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-138(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Roomers and boarders, not to exceed two.

(4)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(5)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. Minimum lot area shall be 20,000 square feet.

(2)

Minimum lot width. Minimum lot width shall be 100 feet.

(3)

Yard requirements. The minimum yards required in the R-2A district shall be as follows:

a.

Front yard: 35 feet.

b.

Interior side yard: 15 feet minimum, with the sum of the two sides not less than 35 feet.

c.

Rear yard: 50 feet.

(4)

Maximum height. Maximum height is as follows:

a.

Principal structure: three stories, not to exceed 40 feet.

b.

Accessory structures: 15 feet.

(5)

Minimum size of dwellings. Minimum size of principal structures shall be as follows:

a.

Subdivisions for which final plats were applied for prior to June 26, 2001: 1,800 square feet, exclusive of basement or garage area.

b.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,800 square feet, exclusive of basement or garage area, for ranch units and 2,000 square feet, exclusive of basement or garage area, for all other housing styles.

(6)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions. Special provisions as required in the R-1 District, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-138(f).

(Code 1981, § 10-4-8; Ord. No. 1154, § 8, 6-25-1997; Ord. No. 1195, §§ 14, 15(10-4-8), 5-13-1998; Ord. No. 1349, § 10, 6-26-2001; Ord. No. 1375, § 7, 12-12-2001; Ord. No. 1507, § 10, 11-12-2003; Ord. No. 1564, § 7, 7-14-2004; Ord. No. 1745, § 7, 3-28-2006; Ord. No. 1934, § 9, 3-24-2008; Ord. No. 2073, § 5, 11-9-2009; Ord. No. 2109, §§ 11, 12, 5-24-2010; Ord. No. 2115, § 7, 7-12-2010; Ord. No. 2116, § 7, 7-12-2010; ; Ord. No. 2157, § 10, 3-14-2011; Ord. No. 2728, § 8, 7-23-2018)

(a)

Description. The R single-family residence district (medium density estate) is composed of certain quiet, low density residential areas of the village plus certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of predominantly low density single-unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses: Single-family detached dwellings.

(2)

The following public, quasipublic and governmental buildings and facilities:

a.

Public parks, public playgrounds, public golf courses and public community center buildings.

b.

Public and parochial schools.

c.

Public libraries, in conjunction with schools.

d.

Parish houses and convents, in conjunction with schools.

e.

Essential services, gas regulator stations, telephone exchanges and electric substations.

(3)

Agricultural uses, limited to:

a.

Gardening and general farming.

b.

Nurseries.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

(3)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(4)

Planned unit developments.

(5)

Greenhouses and agricultural uses not delineated in this section.

(6)

Quasipublic or not-for-profit commercial use which is compatible in terms of architecture and site characteristics with the surrounding residential neighborhood.

(7)

Wireless communication facilities mounted on existing non-residential structures.

(8)

Freestanding wireless communication facilities located on publicly-owned land.

(9)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(10)

Cemeteries.

(11)

Columbariums.

(12)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-139(f)(3). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-139(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include but are not limited to:

(1)

Garages, carports or other parking spaces for the exclusive use of residents or occupants of the premises.

(2)

Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

(3)

Swimming pools, in accordance with requirements.

(4)

Real estate signs, not exceeding 12 square feet for each face and set back from every property line at least ten feet.

(5)

Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use of personal enjoyment of residents of the premises and not for commercial purposes. Dogs and cats shall be limited to three mature animals, plus offspring not over three months of age.

(6)

Storage sheds, in accordance with sections 18-33 and 106-13.

(7)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(8)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. Minimum lot area shall be 40,000 square feet.

(2)

Minimum lot width. Minimum lot width shall be as follows:

a.

Subdivisions for which final plats were applied for prior to March 24, 1993: 100 feet.

b.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 125 feet.

(3)

Yard requirements. The minimum yards required in the R district shall be as follows:

a.

Front yard: 40 feet.

b.

Interior side yard:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: 15 feet minimum, with the sum of the two sides not less than 30 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 15 feet minimum, with the sum of the two sides not less than 35 feet.

c.

Rear yard:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: 40 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: 50 feet.

(4)

Maximum height. Maximum height shall be as follows:

a.

Principal structure:

1.

Subdivisions for which final plats were applied for prior to March 24, 1993: 2½ stories, not to exceed 35 feet.

2.

Subdivisions for which final plats were applied for on March 24, 1993, or thereafter: three stories, not to exceed 40 feet.

b.

Accessory structures: 15 feet.

(5)

Minimum size of dwellings. Minimum size of principal structures shall be as follows:

a.

Subdivisions for which final plats were applied for prior to March 24, 1993: 1,500 square feet, exclusive of basement or garage area.

b.

Subdivisions for which final plats were applied for between March 24, 1993 and June 26, 2001: 1,800 square feet, exclusive of basement or garage area.

c.

Subdivisions for which final plats were applied for on June 27, 2001, or thereafter: 1,800 square feet, exclusive of basement or garage area, for ranch units and 2,000 square feet, exclusive of basement or garage area, for all other housing styles.

(6)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions.

(1)

Parking requirements. Parking requirements shall be in accordance with the applicable regulations set forth in article VI of this chapter.

(2)

Sign requirements. Sign requirements shall be in accordance with the applicable regulations set forth in article VIII of this chapter.

(3)

Commercial vehicles and trucks, or commercial trailers.

a.

The parking or storing of commercial vehicles and trucks with an Illinois State license plate of higher than a F classification (or an out of state equivalent), including truck tractors and tow trucks, is prohibited on a lot in the R district, except as follows:

1.

When in the process of delivering or receiving goods, materials or merchandise,

2.

When utilized in the process of installation, repair or maintenance of landscaping during the actual time of parking such vehicle,

3.

When involved in the installation, repair or maintenance of utilities,

4.

When utilized in the construction, repair or maintenance of any building, structure or grading project, during the actual time of parking such vehicle,

5.

When located in a fully enclosed building or structure, or

6.

Unladen tow trucks, when authorized by the village and contracted to conduct recovery work, when such time as the driver assigned to the use of the tow truck is off-duty but on-call.

b.

The parking or storing of commercial vehicles with an Illinois State license plate of an F classification or less (or out of state equivalent), commercial trailers and business trailers is prohibited on a lot in the R district, unless all of the following conditions are met:

1.

The commercial vehicles shall be parked on a hard surface driveway, shall display a valid village license for the use of said vehicle on any public street or alley in the village, shall be used as the owner's principal means of transportation, shall not be left idling or unattended so as to pose a nuisance, shall have no visible loads, and the overall height of the vehicle shall not exceed 90 inches,

2.

Commercial trailers and business trailers shall be parked on a hard surface driveway, shall have no visible loads, shall remain attached to the towing vehicle and in a manner so as to not block, extend or encroach into the right-of-way or over the public sidewalk, may not be parked or stored in a side or rear yard, shall be essential to the furtherance of the commercial or industrial enterprise and utilized on a regular basis, and the overall height shall not exceed 90 inches, and

3.

There shall be not more than a total of two commercial vehicles with an Illinois State license plate of an F classification or less (or out of state equivalent), commercial trailers or business trailers on a lot.

(4)

Non-commercial trailers, recreational vehicles and boats.

a.

One mobile home, travel trailer, camping trailer, boat, "RV", personal water craft, all-terrain vehicle, or similar recreational vehicle may be parked or stored, but not lived in, on a lot in the R district from April 1 to October 31.

1.

Any vehicle permitted to be parked or stored on a lot pursuant to this section must be parked on a hard surface driveway. The vehicle may not extend or encroach into the right-of-way or over the public sidewalk and may not be parked on a public street.

b.

From November 1 to March 31, one vehicle allowed by this section may be parked or stored, but not lived in, on a lot in the R district when located in a side or rear yard.

1.

When parked or stored in a side or rear yard, the vehicle must be parked on a hard surface driveway.

2.

In addition, when parked or stored in a side yard, the vehicle shall be located to the rear of the front wall of the principal building and must be adequately screened.

3.

As used in this section, "adequately screened" shall consist of a fence that shall be sufficient to substantially block the visibility of the recreational vehicle from the public way and shall be a minimum of three feet in height, but which shall in no event exceed a maximum height of six feet.

4.

On a corner lot, the front yard is considered to be both yards facing a public street.

c.

Whenever any mobile home or "RV" parked or stored on a lot in compliance with this section is commonly used in conjunction with an accessory trailer for towing purposes, such combination of recreational vehicle and accessory trailer shall be considered as one recreational vehicle for the purposes of this section, regardless of whether said accessory trailer has an additional recreational vehicle mounted thereupon.

d.

Moreover, whenever a recreational vehicle—such as a boat, personal water craft, all-terrain vehicle, or similar vehicle used for recreational purposes—is mounted on a trailer for towing purposes, such combination of recreational vehicle and trailer shall be considered as one recreational vehicle for the purposes of this section.

(5)

Tents. Tents shall not be erected, used or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.

(6)

Wireless communication facilities. Wireless communication facilities mounted on existing non-residential structures shall be subject to the following requirements:

1.

Maximum height. No wireless communication antenna or equipment shall increase the height of the non-residential structure on which it is mounted by more than ten percent or ten feet, whichever is the lesser.

2.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

3.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-139(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

4.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(7)

Freestanding wireless communication facilities located on publicly-owned land shall be exempt from the site and structure requirements of section 106-140(f) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-140(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-140 (f).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-4-9; Ord. No. 1131, § 2, 3-26-1997; Ord. No. 1154, § 9, 6-25-1997; Ord. No. 1195, §§ 16, 17(10-4-9), 5-13-1998; Ord. No. 1349, § 11, 6-26-2001; Ord. No. 1375, § 8, 12-12-2001; Ord. No. 1464, § 3, 5-13-2003; Ord. No. 1507, §§ 11, 12, 11-12-2003; Ord. No. 1563, § 3, 7-13-2004; Ord. No. 1564, § 8, 7-14-2004; Ord. No. 1745, § 8, 3-28-2006; Ord. No. 1934, § 10, 3-24-2008; Ord. No. 2073, § 6, 11-9-2009; Ord. No. 2109, §§ 13, 14, 5-24-2010; Ord. No. 2115, § 8, 7-12-2010; Ord. No. 2116, § 8, 7-12-2010; Ord. No. 2157, § 11, 3-14-2011; Ord. No. 2389, § 2, 11-25-2013; Ord. No. 2609, § 1, 11-28-2016; Ord. No. 2728, § 9, 7-23-2018)

(a)

Description. The E single-family residence district (low density estate) is composed of certain quiet, low density residential areas of the village plus certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of predominantly low density single-unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses: single-family detached dwellings.

(2)

The following public, quasipublic and governmental buildings and facilities:

a.

Public parks, public playgrounds, public golf courses and public community center buildings.

b.

Public and parochial schools.

c.

Public libraries, in conjunction with schools.

d.

Parish houses and convents, in conjunction with schools.

e.

Essential services, gas regulator stations, telephone exchanges and electric substations.

(3)

Agricultural uses, limited to:

a.

Gardening and general farming.

b.

Nurseries.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

(3)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(4)

Planned unit developments.

(5)

Greenhouses and agricultural uses not delineated in this section.

(6)

Wireless communication facilities mounted on existing non-residential structures.

(7)

Freestanding wireless communication facilities located on publicly-owned land.

(8)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(9)

Cemeteries.

(10)

Columbariums.

(11)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-140(f)(3). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-140(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include but are not limited to:

(1)

Garages, carports or other parking spaces for the exclusive use of residents or occupants of the premises.

(2)

Swimming pools, in accordance with requirements.

(3)

Real estate signs, not exceeding 12 square feet for each face and set back from every property line at least ten feet.

(4)

Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use of personal enjoyment of residents of the premises and not for commercial purposes. Dogs and cats shall be limited to three mature animals, plus offspring not over three months of age.

(5)

Storage sheds, in accordance with sections 18-33 and 106-13.

(6)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(7)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. Minimum lot area shall be 65,340 square feet.

(2)

Minimum lot width. Minimum lot width shall be 150 feet.

(3)

Yard requirements. The minimum yards required in the E district shall be as follows:

a.

Front yard: 75 feet.

b.

Side yard: 20 feet minimum, with the sum of the two sides not less than 50 feet.

c.

Rear yard: 60 feet.

(4)

Maximum height. Maximum height shall be as follows:

a.

Principal structure: three stories, not to exceed 40 feet.

b.

Accessory structures: 15 feet.

(5)

Minimum size of dwellings. Minimum size of dwellings shall be 2,000 square feet, exclusive of basement or garage area.

(6)

Garage and driveway. All dwellings in this zoning district with a signed sales contract or application for building permit which shall bear a date later than February 26, 1992, shall have driveways and garages. Garages shall be wide enough to accommodate at least two automobiles and shall in no event be less than 20 feet in width. The garages shall have a connecting driveway a minimum width of 20 feet, with such width to be maintained from the property line to the garage. All driveways shall be constructed of asphalt, concrete, pavers or other similar materials resulting in a dust-free surface. All driveways shall have aprons a minimum of 20 feet wide from the property line to the curb. All driveway aprons shall be constructed of concrete or asphalt, and shall be constructed of the same material as the driveway if the driveway is constructed of concrete or asphalt. All driveways and aprons shall be installed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued for occupancies granted from October 1 to April 30 provided the permit applicant presents the village with a bond to cover the cost of driveway and apron improvements. The bond shall be based upon 150 percent of the then-current industry estimates for five inches of six-bag mix concrete with wire reinforcement and seven-percent air entrainment. The expiration date on any such bond shall be no later than August 1 following the issuance of the temporary occupancy permit. The bond will be called by the village if the subject improvements are not completed by the August 1 date.

(g)

Special provisions.

(1)

Parking requirements. Parking requirements shall be in accordance with the applicable regulations set forth in article VI of this chapter.

(2)

Sign requirements. Sign requirements shall be in accordance with the applicable regulations set forth in article VIII of this chapter.

(3)

Commercial vehicles and trucks, or commercial trailers.

a.

The parking or storing of commercial vehicles and trucks with an Illinois State license plate of higher than a F classification (or an out of state equivalent), including truck tractors and tow trucks, is prohibited on a lot in the E district, except as follows:

1.

When in the process of delivering or receiving goods, materials or merchandise,

2.

When utilized in the process of installation, repair or maintenance of landscaping during the actual time of parking such vehicle,

3.

When involved in the installation, repair or maintenance of utilities,

4.

When utilized in the construction, repair or maintenance of any building, structure or grading project, during the actual time of parking such vehicle,

5.

When located in a fully enclosed building or structure, or

6.

Unladen tow trucks, when authorized by the village and contracted to conduct recovery work, when such time as the driver assigned to the use of the tow truck is off-duty but on-call.

b.

The parking or storing of commercial vehicles with an Illinois State license plate of an F classification or less (or out of state equivalent), commercial trailers and business trailers is prohibited on a lot in the E district, unless all of the following conditions are met:

1.

The commercial vehicles shall be parked on a hard surface driveway, shall display a valid village license for the use of said vehicle on any public street or alley in the village, shall be used as the owner's principal means of transportation, shall not be left idling or unattended so as to pose a nuisance, shall have no visible loads, and the overall height of the vehicle shall not exceed 90 inches,

2.

Commercial trailers and business trailers shall be parked on a hard surface driveway, shall have no visible loads, shall remain attached to the towing vehicle and in a manner so as to not block, extend or encroach into the right-of-way or over the public sidewalk, may not be parked or stored in a side or rear yard, shall be essential to the furtherance of the commercial or industrial enterprise and utilized on a regular basis, and the overall height shall not exceed 90 inches, and

3.

There shall be not more than a total of two commercial vehicles with an Illinois State license plate of an F classification or less (or out of state equivalent), commercial trailers or business trailers on a lot.

(4)

Non-commercial trailers, recreational vehicles and boats.

a.

One mobile home, travel trailer, camping trailer, boat, "RV", personal water craft, all-terrain vehicle, or similar recreational vehicle may be parked or stored, but not lived in, on a lot in the E district from April 1 to October 31.

1.

Any vehicle permitted to be parked or stored on a lot pursuant to this section must be parked on a hard surface driveway. The vehicle may not extend or encroach into the right-of-way or over the public sidewalk and may not be parked on a public street.

b.

From November 1 to March 31, one vehicle allowed by this section may be parked or stored, but not lived in, on a lot in the E district when located in a side or rear yard.

1.

When parked or stored in a side or rear yard, the vehicle must be parked on a hard surface driveway.

2.

In addition, when parked or stored in a side yard, the vehicle shall be located to the rear of the front wall of the principal building and must be adequately screened.

3.

As used in this section, "adequately screened" shall consist of a fence that shall be sufficient to substantially block the visibility of the recreational vehicle from the public way and shall be a minimum of three feet in height, but which shall in no event exceed a maximum height of six feet.

4.

On a corner lot, the front yard is considered to be both yards facing a public street.

c.

Whenever any mobile home or "RV" parked or stored on a lot in compliance with this section is commonly used in conjunction with an accessory trailer for towing purposes, such combination of recreational vehicle and accessory trailer shall be considered as one recreational vehicle for the purposes of this section, regardless of whether said accessory trailer has an additional recreational vehicle mounted thereupon.

d.

Moreover, whenever a recreational vehicle—such as a boat, personal water craft, all-terrain vehicle, or similar vehicle used for recreational purposes—is mounted on a trailer for towing purposes, such combination of recreational vehicle and trailer shall be considered as one recreational vehicle for the purposes of this section.

(5)

Tents. Tents shall not be erected, used or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.

(6)

Wireless communication facilities. Wireless communication facilities mounted on existing non-residential structures shall be subject to the following requirements:

a.

Maximum height. No wireless communication antenna or equipment shall increase the height of the non-residential structure on which it is mounted by more than ten percent or ten feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-140(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(4)

Trailers and boats. One mobile home, travel trailer, camping trailer, boat, recreational vehicle, personal water craft or all terrain vehicle, including trailers used to transport any such recreational vehicles, and similar vehicles used for recreational purposes may be parked or stored, but not lived in, on a lot in the E district from April 15 to October 15. One of such type vehicle is permitted per lot and must be parked on a hard surface driveway. The vehicle may not extend or encroach into the right-of-way or over the public sidewalk and may not be parked on a public street.

From October 16 to April 14, one of such type vehicle may be parked or stored in the E district when located in a side or rear yard. When parked or stored in a side or rear yard, the vehicle must be parked on a hard surface driveway. When parked or stored in a side yard, the vehicle shall be located to the rear of the front wall of the principal building and must be screened. Adequate screening shall consist of a fence a maximum of six feet in height. On a corner lot, the front yard is considered to be both yards facing a public street.

(Code 1981, § 10-4-10; Ord. No. 1131, § 2, 3-26-1997; Ord. No. 1154, § 10, 6-25-1997; Ord. No. 1195, §§ 18, 19(10-4-10), 5-13-1998; Ord. No. 1375, § 9, 12-12-2001; Ord. No. 1464, § 4, 5-13-2003; Ord. No. 1507, §§ 13, 14, 11-12-2003; Ord. No. 1563, § 4, 7-13-2004; Ord. No. 1564, § 9, 7-14-2004; Ord. No. 1745, § 9, 3-28-2006; Ord. No. 1934, § 11, 3-24-2008; Ord. No. 2073, § 7, 11-9-2009; Ord. No. 2109, §§ 15, 16, 5-24-2010; Ord. No. 2115, § 9, 7-12-2010; Ord. No. 2116, § 9, 7-12-2010; Ord. No. 2157, § 12, 3-14-2011; Ord. No. 2389, § 3, 11-25-2013; Ord. No. 2609, § 3, 11-28-2016; Ord. No. 2728, § 10, 7-23-2018)

(a)

Description. The R-6 multifamily residence district is composed of certain medium density residential areas located near major transportation systems where single-family development may not be appropriate. It is the intent of this district to provide for an environment of medium density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district. Apartment developments, with corresponding proportions of open space, may be developed under prescribed standards of density and open space. In addition to large areas allocated for this district, it has useful application as a buffer or transition zone along highways and major thoroughfares and bordering transit stations and large shopping centers.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Residential uses:

a.

Multifamily dwellings.

(2)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings permitted in the R-1 district.

b.

Churches and other places of worship, provided the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.

(c)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Country clubs, tennis clubs, swimming pools and similar recreational uses.

(2)

Planned unit developments.

(3)

Convalescent or nursing homes.

(4)

Private schools or colleges.

(5)

Clubs, lodges, or social or recreational buildings or properties, not for profit.

(6)

Hospitals, clinics and sanitariums.

(7)

Nursery schools, day nurseries and child care centers. At least 150 square feet of outdoor play area must be provided for each child that is cared for.

(8)

Wireless communication facilities mounted on existing multi-family dwellings or non-residential structures.

(9)

Freestanding wireless communication facilities located on publicly-owned land.

(10)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(11)

Cemeteries.

(12)

Columbariums.

(13)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following temporary use permits shall be allowed:

a.

Real estate subdivision sign not to exceed 100 square feet for each sign face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the last lot in the subdivision; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same subdivision, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

b.

Temporary building for a construction office and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site, and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within any required front, side or rear yard setback as specified in section 106-141(f)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall subdivision, regardless of the number of units/phases.

c.

Temporary building for an office directly related to the sale of buildings or parcels located in the development. Each such temporary use permit shall be in substantial conformance with the following:

1.

There shall be not more than one such temporary use permit issued per subdivision, regardless of the number of units or phases.

2.

The temporary use permit shall be issued only after the final subdivision plat is approved and recorded.

3.

Access to the temporary building shall be from an improved public road.

4.

No temporary use permit shall be issued until the applicant has submitted plans in compliance with the provisions of this section. The site plan must show the location of the proposed temporary building and the area of permitted operation. The plan must provide details on proposed parking areas, fencing, signage and landscaping.

5.

All private drives and parking areas to serve the temporary building shall have a hard surface constructed of asphalt, concrete or other similar material resulting in a dust-free surface. All portions of a lot governed by a temporary use permit not covered with this hard surface shall be landscaped with grass or other ground cover capable of preventing erosion.

6.

The temporary building and parking area shall be properly screened and landscaped from abutting residential areas.

7.

The temporary building and parking area shall not encroach into the required setbacks of the underlying zoning district, and shall not be located within the public right-of-way.

8.

No temporary building shall be used for cooking or sleeping purposes.

9.

The area subject to the temporary use and the temporary building shall be maintained in a neat and orderly condition.

10.

The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500. Said deposit shall be returned upon satisfactory removal of the temporary building and associated parking area.

11.

The temporary use permit shall be valid for a period of not more than one year. No extensions shall be permitted. The temporary building and parking lot shall be removed the earlier of the date the building department issues a certificate of occupancy for the first model home within the subject development or one year after the issuance of the temporary use permit.

d.

Mobile storage containers subject to compliance with the following:

1.

There shall be not more than one such temporary use permit for a mobile storage container per property. The stacking of mobile storage containers on top of each other is not permissible.

2.

The property on which the mobile storage container is placed shall be occupied by a principal building.

3.

No mobile storage container shall remain on the property for more than 30 consecutive days, and shall not be placed on the property for more than a total of 30 days in any calendar year. In the event a property is sold or leased to a new owner or tenant during any calendar year, each owner or tenant shall be permitted to utilize a mobile storage container for a total of 30 days per calendar year.

4.

Mobile storage containers shall not exceed eight feet in height, eight feet in width and sixteen feet in length.

5.

Mobile storage containers shall only be placed on a driveway or other hard surface.

6.

Mobile storage containers shall not be placed on public property or in a location that obstructs traffic visibility.

7.

Mobile storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container.

8.

Mobile storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

9.

Mobile storage units shall not be utilized for the purpose of conducting business or selling merchandise.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Trailer, to be used during the construction of a residence by the trailer owner, not to exceed six months.

c.

Temporary uses other than those permitted in section 106-141(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include:

(1)

Accessory uses permitted in the R-1 district.

(2)

Home occupations.

(3)

Professional office of a resident in his dwelling involving the employment of not to exceed one person not a resident of the premises.

(4)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(5)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(f)

Site and structure requirements.

(1)

Minimum lot area. A separate ground area of not less than 3,500 square feet for each multifamily dwelling unit of one or two bedrooms and with an additional 500 square feet for each bedroom over two bedrooms in the multifamily units, and 6,000 square feet for other uses, shall be designated, provided and continuously maintained for each permitted or special use.

(2)

Minimum lot width. A minimum lot width of 75 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 30 feet from the front lot line. (For corner lots, see section 106-10(d).)

(4)

Side yard. All structures shall be set in from the side lot line a distance of not less than 20 feet on the least side, with the sum of the two sides not less than 40 feet.

(5)

Rear yard. All structures shall be set in a distance of not less than 30 feet from the rear lot line.

(6)

Maximum height. No principal structure shall exceed the lesser of two stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in article I of this chapter.

(7)

Floor area ratio. The floor area ratio shall not exceed 0.7.

(8)

Maximum lot coverage. Not more than 40 percent of the lot area may be occupied by buildings and structures, including accessory buildings.

(9)

Minimum size of dwellings. Each efficiency unit or multifamily dwelling containing one bedroom, 700 square feet of livable floor area; each two-bedroom multifamily dwelling, 1,000 square feet; and each three-bedroom multi-family dwelling, 1,200 square feet.

(10)

Minimum area. The minimum area of an R-6 multifamily residence district shall be not less than one acre.

(11)

Number of units restricted. Notwithstanding anything contained in this section to the contrary, no more than eight dwelling units in a single building shall be erected, enlarged, relocated, reconstructed or structurally altered within the corporate limits of the village in an R-6 district. Not more than 25 percent of the dwellings in any one building in the R-6 district may be efficiency or one-bedroom units, and a minimum of 25 percent of the dwellings in each building shall be three-bedroom units.

(12)

Garages. All efficiency and one-bedroom dwelling units in this zoning district shall have one garage wide enough to accommodate at least one automobile and shall in no event be less than ten feet in width; all two- and three-bedroom units shall have two garages, each a minimum of ten feet in width.

(g)

Special provisions. Special provisions as required in the R-1 district, section 106-132(g) of this chapter, except freestanding accessory structures for wireless communication facilities shall also comply with all site and structure requirements of section 106-141(f).

(Ord. No. 1374, § 1, 12-12-2001; Ord. No. 1507, §§ 15, 16, 11-12-2003; Ord. No. 1564, § 10, 7-14-2004; Ord. No. 1745, § 10, 3-28-2006; Ord. No. 1934, § 12, 3-24-2008; Ord. No. 2073, § 8, 11-9-2009; Ord. No. 2109, §§ 17, 18, 5-24-2010; Ord. No. 2115, § 10, 7-12-2010; Ord. No. 2157, § 13, 3-14-2011; Ord. No. 2728, § 11, 7-23-2018)

The commercial district regulations are intended to govern the location, intensity and method of development of the business and commercial uses needed to serve the citizens of the village and its trade area. The regulations of each district are designed to provide for groupings of business and commercial uses that are compatible in scope of services and method of operations. All business uses are contained in the following business district classifications:

(Code 1981, § 10-5-1)

(a)

Description. The C-1 neighborhood convenience shopping district is intended to provide areas to be used by retail or service establishments to supply convenience goods or personal services for the daily needs of the residents living in adjacent residential neighborhoods. The district is designed to encourage shopping centers with planned off-street parking and loading and provide for existing individual or small groups of local stores. This district is normally located on primary or secondary thoroughfares, is relatively small in size, and has bulk standards comparable to the bulk standards for low density residential districts.

(b)

Uses permitted. No land shall be used or occupied and no buildings, structures or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses which supply commodities on the premises, such as:

a.

Apparel stores.

b.

Bakeries in which the manufacture of goods is limited to goods retailed on the premises only.

c.

Book and stationery stores.

d.

Camera stores.

e.

Candy and confectionery stores.

f.

Computer software and hardware supplies.

g.

Dairy products stores.

h.

Delicatessens.

i.

Drugstores.

j.

Dry goods stores.

k.

Floral shops.

l.

Gift shops.

m.

Grocery and food stores.

n.

Hardware stores no larger than 20,000 square feet of gross floor area.

o.

Ice cream stores.

p.

Jewelry stores.

q.

Liquor stores, package.

r.

Meat markets.

s.

Restaurants, excluding drive-in service.

t.

Shoe stores.

u.

Sporting goods stores.

v.

Toy stores.

w.

Variety stores.

(2)

Personal service establishments which perform services on the premises, such as:

a.

Barbershops.

b.

Beauty parlors.

c.

Dancing schools or studios.

d.

Dry cleaners, but not a central plant serving more than one retail outlet.

e.

Figure salons.

f.

Fitness centers.

g.

Laundry and dry cleaners, self-service only.

h.

Music schools.

i.

Photographic studios.

j.

Shoe repair shops.

k.

Tailors or dressmakers.

l.

Tanning salons.

m.

Travel agencies.

n.

Video rental stores.

o.

Massage or massage therapy when accessory to a permitted personal care, fitness, or health use.

(3)

Business service establishments which perform services on the premises, such as:

a.

Accounting services.

b.

Currency exchanges.

c.

Insurance agencies.

d.

Loan companies.

e.

Real estate offices.

(4)

Professional office establishments, such as but not limited to:

a.

Attorneys and law offices.

b.

Chiropodist's offices.

c.

Chiropractor's offices.

d.

Dentist's offices.

e.

Doctor's, surgeon's and/or physician's offices.

f.

Medical and dental offices.

g.

Optician's offices.

h.

Osteopath's offices.

(5)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Essential services, gas regulator stations, telephone exchanges and electric substations.

b.

Off-street parking facilities.

c.

Office buildings.

d.

Post offices.

e.

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of trustees of a permit therefor, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district shall be deleted from the list of special uses permitted.

(2)

Child care nurseries.

(3)

Churches.

(4)

Financial institutions.

(5)

Planned unit developments.

(6)

Public utility establishments.

(7)

Residence of the proprietor of a commercial use.

(8)

Residence, when on the second floor and secondary to the business use of the premises.

(9)

Wireless communication facilities mounted on existing structures.

(10)

Freestanding wireless communication facilities located on publicly-owned land.

(11)

Outdoor areas for dining and drinking establishments.

(12)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(13)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(14)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-162(f)(2), (3) and (4). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Bazaar, dance and/or carnival; provided, however, that each permit shall be valid for a period of not more than seven days.

c.

Christmas tree sales. Each such permit shall be valid for a period of not more than 60 days.

d.

Reserved.

e.

Temporary uses other than those permitted in section 106-162(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten (10) days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Site and structure requirements.

(1)

Lot area. There is no minimum lot area for the C-1 district, and the maximum area shall be seven acres, except that each residential use shall have a ground area of not less than 5,000 square feet.

(2)

Front yard. All structures shall be set back at least 30 feet from the front lot line. (For corner lots, see section 106-10(d).)

(3)

Side yard. No side yard is required; however, if a yard is provided, it shall be not less than five feet. Adjoining a residential district, the side yard provided shall be equal to or greater than that of the adjoining residential district.

(4)

Rear yard. All structures shall be set back at least 20 feet from the rear lot line. Adjoining a residential district, the rear yard shall be 20 feet or equal to that of the adjoining residential district, whichever is greater.

(5)

Maximum height. No structure or portion thereof shall exceed a height of two stories or 35 feet.

(6)

Bulk requirements. The maximum size of a building shall not exceed the lesser of (a) a floor area ratio of 0.5. or (b) 25,000 square feet.

(7)

Screening. When a C-1 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(g)

Special provisions.

(1)

Enclosure of operations. All business, servicing or processing shall be conducted within completely enclosed buildings, except:

a.

Off-street parking or loading.

b.

Accessory uses when allowed by the special exception procedure.

(2)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district in division 5 of this article.

(3)

Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced.

(4)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(5)

Wireless communication facilities. Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

a.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 15 percent or 15 feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-163(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(6)

Freestanding wireless communication facilities located on publicly-owned land shall be exempt from the site and structure requirements of section 106-162(f) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-162(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-162(f).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-5-2; Ord. No. 1154, § 11, 6-25-1997; Ord. No. 1195, §§ 20, 21(10-5-2), 5-13-1998; Ord. No. 1280, § 1, 12-21-1999; Ord. No. 1507, §§ 17, 18, 11-12-2003; Ord. No. 1745, § 11, 3-28-2006; Ord. No. 1826, §§ 3—5, 12-19-2006; Ord. No. 1829, § 1, 2-20-2007; Ord. No. 2023, § 1, 1-26-2009; Ord. No. 2092, § 1, 3-18-2010; Ord. No. 2109, §§ 19, 20, 5-24-2010; Ord. No. 2115, § 11, 7-12-2010; Ord. No. 2465, §§ 1, 2, 12-4-2014; Ord. No. 2647, § 2, 6-26-2017; Ord. No. 2728, § 12, 7-23-2018; Ord. No. 2872, § 3, 5-18-2020; Ord. No. 3165, § 1, 1-27-2025)

(a)

Description. The C-2 community shopping district is intended to provide areas to be used as the primary shopping area for the local area and other nearby communities, for transients and for the shopping area for occupants of various businesses and industrial establishments. The district permits most all types of businesses and commercial enterprises, offices and service establishments. The district is normally centrally located with respect to the shopping service area and located at the convergence neighborhood of or along the major thoroughfares of the community.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses which supply commodities on the premises, such as:

a.

Retail businesses permitted in the C-1 district under section 106-162(b).

b.

Antique shops.

c.

Appliance stores.

d.

Art and school supply stores.

e.

Art galleries.

f.

Automobile accessories stores.

g.

Automobile service station.

h.

Bars, cocktail lounges and taverns.

i.

Bicycle stores: sale, rental and repair.

j.

Billiard and pool halls.

k.

Business machines stores.

l.

Children's recreational facilities.

m.

China and glassware stores.

n.

Coin shops.

o.

Department stores.

p.

Drapery stores.

q.

Floor coverings, including rugs and carpets.

r.

Furniture stores.

s.

Garden supply and greenhouses.

t.

Hobby shops.

u.

Leather goods and luggage stores.

v.

Linoleum and tile stores.

w.

Locksmiths.

x.

Notions stores.

y.

Office supplies and stationery.

z.

Paint and wallpaper stores.

aa.

Pet shops.

bb.

Radio and television sales.

cc.

Record shops.

dd.

Restaurants, drive-in or drive-through.

ee.

Secondhand shops.

ff.

Tack shops.

gg.

Reserved.

hh.

Trading stamp stores.

ii.

Microbreweries and wineries.

jj.

Automobile gasoline and diesel fueling stations, subject to the following restrictions:

1.

Location restrictions. On and after September 9, 2024, new automobile gasoline and diesel fueling stations may only be established with the U.S. Route 6 corridor, defined as parcels in which no portion of the property is located more than 1,500 feet from the centerline of U.S. Route 6 (Maple Road).

2.

Existing stations. Automobile gasoline and diesel fueling stations legally established prior to September 9, 2024, shall be considered legal conforming uses within the C-2 community shopping district and may continue to operate, be repaired, or be sold to a new owner without a change in use under this section.

(2)

Personal service establishments which perform services on the premises, such as:

a.

Personal service establishments permitted in the C-1 district in section 106-162(b)(2).

b.

Bowling alleys.

c.

Clothing rental agencies.

d.

Consignment shops.

e.

General minor repair or fix-it shops.

f.

Indoor skating rinks or other recreational facilities.

g.

Interior decorating shops.

h.

Laundries.

i.

Musical instruments, repair and sales.

j.

Picture framing.

k.

Theaters, indoor.

l.

Ticket agencies.

m.

Trading card shops.

(3)

Business service establishments which perform services on the premises, such as:

a.

Business service establishments permitted in the C-1 district in section 106-162(b)(3).

b.

Better business bureau.

c.

Blueprinting establishments.

d.

Business and management consultants.

e.

Business offices.

f.

Chamber of commerce.

g.

Charitable organizations.

h.

Civic associations.

i.

Credit agencies.

j.

Detective agencies.

k.

Employment agencies.

l.

Insurance carriers.

m.

Investment companies.

n.

Labor unions and organizations.

o.

Mail order houses.

p.

Merchants' associations.

q.

News syndicates.

r.

Newspaper offices.

s.

Photostating or printing establishments.

t.

Political organizations.

u.

Professional membership associations.

v.

Radio and television service and repair.

w.

Real estate boards.

x.

Security and commodity associations.

y.

Social and fraternal associations.

z.

Taxicab stands.

aa.

Trade associations.

(4)

Professional office establishments such as:

a.

Professional office establishments permitted in the C-1 district in section 106-163(b)(4).

b.

Accounting, auditing and bookkeeping.

c.

Artists and industrial designers.

d.

Engineering and architectural services.

e.

Laboratories, medical and dental.

f.

Landscape architects.

g.

Land surveyors.

h.

Professional consultants.

i.

Professional offices.

j.

Scientific research agencies.

(5)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings and facilities permitted in the C-1 district in section 106-162(b)(5).

b.

Bus passenger stations.

c.

Hospitals.

d.

Museums and art galleries.

e.

Schools and colleges.

f.

Transit and transportation facilities.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of a permit therefor, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district shall be deleted from the list of special uses permitted.

(2)

Child care nurseries.

(3)

Merchandising machines, sale of products.

(4)

Motor vehicle sales, new.

(5)

Newsstands.

(6)

Physical culture and health spas.

(7)

Planned unit developments.

(8)

Residence of the proprietor of a commercial use.

(9)

Residence, when on the second floor and secondary to the business use of the premises.

(10)

Residential uses such as:

a.

Apartments, only upon the following conditions:

1.

Dwelling units shall not be permitted below the third floor above ground level.

2.

No building shall contain more than 50 percent of its gross floor area for multiple-family dwellings.

3.

Dwelling units shall not be located on the same floor with any other use allowed in the C-2 district.

4.

Apartments with more than two bedrooms shall not be permitted.

b.

Convalescent homes, nursing homes, rest homes, retirement homes or sanitariums.

c.

Dormitories, fraternities and clubs.

d.

Hotels and/or motels.

(11)

Undertaking establishments and funeral parlors.

(12)

Vocational schools.

(13)

Wireless communication facilities mounted on existing structures.

(14)

Freestanding wireless communication facilities located on publicly-owned land.

(15)

Financial institutions.

(16)

Outdoor areas for dining and drinking establishments.

(17)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(18)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(19)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(20)

Veterinary clinics and animal hospitals.

(21)

Massage establishments.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-163(f)(2), (3) and (4). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Temporary uses other than those permitted in section 106-163(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Site and structure requirements.

(1)

Minimum lot area. No minimum lot area is required, except that each residential use shall have a ground area of not less than 5,000 square feet.

(2)

Front yard. A front yard of 20 feet is required.

(3)

Side yard. No side yard is required; however, if a yard is provided, it shall be not less than ten feet. Adjoining a residential district, the side yard provided shall be equal to or greater than that of the adjoining residential district.

(4)

Rear yard. No rear yard is required. Adjoining a residential district, the rear yard shall be greater than or equal to that of the adjoining residential district.

(5)

Maximum height. No structure or portion thereof shall exceed a height of four stories or 55 feet.

(6)

Bulk requirements. The maximum size of a building shall not exceed the lesser of (a) a floor area ratio of 1.0 or (b) 50,000 square feet.

(7)

Screening. When a C-2 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(8)

Setback for fuel dispensing devices. Fuel dispensing devices shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and corner side lot line a distance of not less than 15 feet.

(g)

Special provisions.

(1)

Enclosure of operations. All business, servicing or processing shall be conducted within completely enclosed buildings, except:

a.

Off-street parking or loading.

b.

Accessory uses when allowed by the special exception procedure.

(2)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district in division 5 of this article.

(3)

Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced.

(4)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(5)

Wireless communication facilities. Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

a.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 15 percent or 15 feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-164(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(6)

Automobile gasoline and diesel fueling stations. The following displays are permitted accessory to automobile gasoline and diesel fueling stations:

a.

Racks (not more than five feet in height and three feet in length) for the orderly display of cans of engine oil for the convenience in dispensing the oil may be located on or at the ends of pump islands (limit two to each island).

b.

Two open portable tire racks (not more than five feet in height and three feet in length) on casters, for the purpose of displaying new tire casings, shall be permitted for each automobile gasoline and diesel fueling station.

(7)

Freestanding wireless communication facilities located on publicly-owned land shall be exempt from the site and structure requirements of section 106-163(f) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-163(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-163(f).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-5-3; Ord. No. 1154, § 12, 6-25-1997; Ord. No. 1195, §§ 22, 23(10-5-3), 5-13-1998; Ord. No. 1218, § 2, 11-2-1998; Ord. No. 1280, § 2, 12-21-1999; Ord. No. 1507, §§ 19, 20, 11-12-2003; Ord. No. 1745, § 12, 3-28-2006; Ord. No. 1826, §§ 6, 7, 12-19-2006; Ord. No. 1829, § 2, 2-20-2007; Ord. No. 2023, § 2, 1-26-2009; Ord. No. 2064, § 4, 9-14-2009; Ord. No. 2092, § 2, 3-18-2010; Ord. No. 2109, §§ 21, 22, 5-24-2010; Ord. No. 2115, § 12, 7-12-2010; Ord. No. 2128, § 1, 9-13-2010; Ord. No. 2465, §§ 3, 4, 12-4-2014; Ord. No. 2550, § 2, 2-22-2016; Ord. No. 2554, § 2, 3-14-2016; Ord. No. 2647, § 3, 6-26-2017; Ord. No. 2651, § 2, 6-26-2017; Ord. No. 2872, §§ 4, 5, 5-18-2020; Ord. No. 3128, §§ 3, 4, 9-9-2024; Ord. No. 3165, §§ 2, 3, 1-27-2025)

Note— Ord. No. 1280 § 2, adopted December 21, 1999, enacted provisions for the addition of § 106-163(g)(5). Inasmuch as Ord. No. 1195, § 23, adopted May 13, 1998, had previously enacted provisions designated as § 106-163(g)(5), the provisions of Ord. No. 1280 have been added as § 106-163(g)(6) at the editor's discretion.

(a)

Description. The C-3 general business district is intended to provide areas to be used for all types of retailing and service uses, certain wholesale and warehousing uses, and some limited industrial activities that are normally associated with commercial uses. The uses allowed are often large space uses and cater to customers who do not make frequent purchases. The market area for the permitted uses extends to an area much larger than the local community. Automotive service type uses and automobile associated uses are normally located in this district to serve passerby traffic. The district is normally located along major thoroughfares, where adequately sized parcels of land allow for large setbacks, clear vision, and safe ingress and egress.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses, such as:

a.

Retail businesses permitted in the C-2 district in section 106-163(b).

b.

[Reserved.]

c.

Boat dealers.

d.

Bottled gas dealers.

e.

Building services and supplies.

f.

Camper sales.

g.

Direct selling establishments, where products are stored and distributed.

h.

Fuel and ice dealers.

i.

Fuel oil dealers.

j.

Hay, grain and feed stores.

k.

Lumberyards.

l.

Mobile home dealers.

m.

Motor vehicle dealers.

n.

Motorcycle sales.

o.

Nursery stock.

p.

Tire, battery and accessory dealers.

q.

Tombstone and monument sales.

r.

Used car lots.

s.

Automobile gasoline and diesel fueling stations, subject to the following restrictions:

1.

Location restrictions. On and after September 9, 2024, new automobile gasoline and diesel fueling stations may only be established with the U.S. Route 6 corridor, defined as parcels in which no portion of the property is located more than 1,500 feet from the centerline of U.S. Route 6 (Maple Road).

2.

Existing stations. Automobile gasoline and diesel fueling stations legally established prior to September 9, 2024, shall be considered legal conforming uses within the C-3 general business district and may continue to operate, be repaired, or be sold to a new owner without a change in use under this section.

(2)

Personal service establishments, such as:

a.

Personal service establishments permitted in the C-2 district in section 106-163(b)(2).

b.

Food locker rental.

c.

Furniture cleaning.

d.

Industrial launderers.

e.

Laundry, dry cleaning and dyeing plants.

(3)

Business service establishments, such as:

a.

Business service establishments permitted in the C-2 district in section 106-163(b)(3).

b.

Advertising signs.

c.

[Reserved.]

d.

Automobile driving instruction.

e.

Automobile laundries, when used in conjunction with an automobile gasoline and diesel fueling station.

f.

[Reserved.]

g.

Automobile rental.

h.

Auto repair, major.

i.

[Reserved.]

j.

Cartage, express and parcel delivery establishments.

k.

Disinfecting and exterminating service.

l.

Drive-in theaters.

m.

Electrical shops.

n.

Equipment rental and leasing service.

o.

Furnace supply and service.

p.

Furniture repair and reupholstery.

q.

Lawn mower repair shops.

r.

Motorcycle service and repair.

s.

Packing and crating establishments.

t.

Paint shops.

u.

Plumbing and heating shops.

v.

Radio and television repair shops.

w.

Refrigerator shops.

x.

Repair service, large, major items.

y.

Septic tank cleaning service.

z.

Sewer cleaning and rodding service.

aa.

Sheetmetal shops.

bb.

Sign contractors.

cc.

Swimming pool sales and service.

dd.

Taxidermists.

ee.

Tire retreading and repair shops.

ff.

Towing service.

gg.

Truck terminals.

hh.

Veterinary clinics, animal hospitals and kennels.

ii.

Water softener service.

jj.

Welding shops.

kk.

Window cleaning firms.

(4)

Professional office establishments, such as professional office establishments permitted in the C-2 district in section 106-163(b)(4).

(5)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings and facilities permitted in the C-2 district in section 106-163(b)(5).

b.

Public service or municipal garages.

c.

Ambulance service.

(6)

Residential uses, such as hotels and/or motels.

(7)

Wholesale and warehouse uses, such as:

a.

Direct selling establishments, where products are stored and distributed.

b.

Other wholesale and warehouse establishments.

c.

Wholesale bakeries.

d.

Wholesale nurseries.

(8)

Industrial type uses, such as:

a.

Dairy products manufacture.

b.

Printing, publishing or lithography establishment.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of a permit therefor, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district shall be deleted from the list of special uses permitted.

(2)

Amusement establishments, including but not limited to electronic game rooms and mechanical amusement arcades.

(3)

Amusement parks, including but not limited to permanent carnivals, kiddie parks and other similar outdoor amusements.

(4)

Automobile laundries.

(5)

Child care nurseries.

(6)

Commercial swimming pools.

(7)

Commercial testing laboratories.

(8)

Contractor's yards.

(9)

Go-kart raceways.

(10)

Golf courses and/or country clubs.

(11)

Hotels and/or motels.

(12)

Physical culture and health services, gymnasiums and reducing salons.

(13)

Planned unit developments.

(14)

Residence of the proprietor of a commercial use.

(15)

Residence, when on the second floor and secondary to the business use of the premises.

(16)

Riding stables.

(17)

Stadiums and arenas.

(18)

Tennis clubs.

(19)

Used furniture and secondhand stores.

(20)

Wireless communication facilities mounted on existing structures.

(21)

Freestanding wireless communication facilities located on publicly-owned land.

(22)

Financial institutions.

(23)

Outdoor areas for dining and drinking establishments.

(24)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(25)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(26)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(27)

Gun shops, subject to the following conditions:

a.

No gun shop shall be located less than 500 feet from any residentially-zoned property, school, park, church, pre-school or day care center.

b.

The mayor and board of trustees shall find that off-street parking is adequate to serve all uses within the gun shop, including areas for retail sales and classroom or instruction.

c.

The gun shop shall comply with all applicable requirements of chapter 54 of the Village Code, as amended.

(28)

Adult use cannabis dispensing organization, subject to the provisions of section 106-48(e)(6).

(29)

Adult use cannabis infuser organization, when collocated with an adult use cannabis dispensing organization and subject to the provisions of section 106-48(e)(6).

(30)

Massage establishments.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-164(g)(2), (3) and (4). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Temporary uses other than those permitted in section 106-164(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Prohibited uses. All uses not expressly authorized in subsections (b), (c), (d) and (e) of this section are prohibited, including:

(1)

Concrete mixing or asphalt plants.

(2)

Wrecking, dismantling or automobile salvage yards.

(g)

Site and structure requirements.

(1)

Minimum lot area. No minimum lot area is required, except that each residential use shall have a ground area of not less than 5,000 square feet.

(2)

Front yard. All structures shall be set back at least 20 feet from the front lot line. (For corner lots, see section 106-10(d).)

(3)

Side yard. No side yard is required, except that, if a yard is provided, it shall be not less than ten feet. Where a C-3 property adjoins a residential district, a side yard at least equal to that of the residential district shall be provided.

(4)

Rear yard. There shall be a rear yard of not less than ten percent of the depth of the lot; provided, however, such rear yard need not exceed ten feet in depth. Adjoining a residential district, the rear yard provided shall be equal to or greater than that of the adjoining residential district.

(5)

Maximum height. No structure or portion thereof shall exceed a height of four stories or 45 feet, and no accessory structure shall exceed one story or 15 feet in height.

(6)

Bulk requirements. The maximum size of a building, including any outdoor storage, display and sales areas, shall not exceed the lesser of (a) a floor area ratio of 1.5 or (b) 100,000 square feet.

(7)

Screening. When a C-3 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(8)

Setback for fuel dispensing devices. Fuel dispensing devices shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and corner side lot line a distance of not less than 15 feet.

(h)

Special provisions.

(1)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district.

(2)

Outdoor sales. All outdoor sales space shall be graded and drained so as to dispose of all surface water.

(3)

Outdoor storage. All outdoor storage facilities for fuel, raw materials and products, when within 200 feet of a residential district, shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right-of-way.

(4)

Waste materials. All materials or wastes shall be deposited in containers in such a form that they would not be transferred off the property by natural causes or forces. Waste materials shall be removed sufficiently often so as not to create a nuisance.

(5)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(6)

Wireless communication facilities. Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

a.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 15 percent or 15 feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-165(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(7)

Automobile gasoline and diesel fueling stations. The following displays are permitted accessory to automobile gasoline and diesel fueling stations:

a.

Racks (not more than five feet in height and three feet in length) for the orderly display of cans of engine oil for the convenience in dispensing the oil may be located on or at the ends of pump islands (limit two to each island).

b.

Two open portable tire racks (not more than five feet in height and three feet in length) on casters, for the purpose of displaying new tire casings, shall be permitted for each automobile gasoline and diesel fueling station.

(8)

Freestanding wireless communication facilities located on publicly-owned land shall be exempt from the site and structure requirements of section 106-164(g) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-164(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-164(g).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-5-4; Ord. No. 1154, § 13, 6-25-1997; Ord. No. 1218, §§ 3—5, 11-2-1998; Ord. No. 1195, §§ 24, 25(10-5-4), 5-13-1998; Ord. No. 1280, § 3, 12-21-1999; Ord. No. 1507, §§ 21, 22, 11-12-2003; Ord. No. 1745, § 13, 3-28-2006; Ord. No. 1826, § 8, 12-19-2006; Ord. No. 1829, § 3, 2-20-2007; Ord. No. 2023, § 3, 1-26-2009; Ord. No. 2064, § 5, 9-14-2009; Ord. No. 2092, § 3, 3-18-2010; Ord. No. 2109, §§ 23, 24, 5-24-2010; Ord. No. 2115, § 13, 7-12-2010; Ord. No. 2465, §§ 5, 6, 12-4-2014; Ord. No. 2635, § 1, 4-24-2017; Ord. No. 2647, § 4, 6-26-2017; Ord. No. 2872, §§ 6, 7, 5-18-2020; Ord. No. 2966, § 4, 1-10-2022; Ord. No. 3128, §§ 5—7, 9-9-2024; Ord. No. 3165, § 4, 1-27-2025)

Note— Ord. No. 1280 § 3, adopted Dec. 21, 1999, enacted provisions for the addition of § 106-164(h)(6). Inasmuch as Ord. No. 1195, § 25, adopted May 13, 1998, had previously enacted provisions designated as § 106-164(h)(6), the provisions of Ord. No. 1280 have been added as § 106-164(h)(7) at the editor's discretion.

(a)

Description. The C-4 automotive service district is intended to provide certain land and structures for automotive service type use and automobile associated uses such as drive-ins. The district is intended to be located only along major thoroughfares where adequately sized and properly located parcels of land will allow for adequate setbacks, clear vision and safe ingress and egress. Frontage roads should be provided where possible.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses which supply commodities on the premises, such as:

a.

Advertising signs.

b.

Automobile accessories stores.

c.

Automobile laundries or carwashes.

d.

Automobile service stations.

e.

Boat dealers.

f.

Camper sales.

g.

Drive-in restaurants.

h.

Mobile home dealers.

i.

Motor vehicle dealers.

j.

Motorcycle sales.

k.

Tire, battery and accessory dealers.

l.

Used car lots.

m.

Automobile gasoline and diesel fueling stations, subject to the following restrictions:

1.

Location restrictions. On and after September 9, 2024, new automobile gasoline and diesel fueling stations may only be established with the U.S. Route 6 corridor, defined as parcels in which no portion of the property is located more than 1,500 feet from the centerline of U.S. Route 6 (Maple Road).

2.

Existing stations. Automobile gasoline and diesel fueling stations legally established prior to September 9, 2024, shall be considered legal conforming uses within the C-4 automotive service district and may continue to operate, be repaired, or be sold to a new owner without a change in use under this section.

(2)

Personal service establishments which perform services on the premises, such as:

a.

General repair shops.

b.

Undertaking establishments and funeral parlors.

c.

Drive-in cleaners.

(3)

Business service establishments which perform services on the premises, such as:

a.

Automobile driving instruction.

b.

Automobile rental.

c.

Auto repair, major.

d.

Equipment rental and leasing service.

e.

Motorcycle service and repair.

f.

Taxicab stands.

g.

Tire retreading and repair shops.

h.

Towing service.

(4)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings and facilities permitted in the C-1 district in section 106-162(b)(5).

b.

Bus passenger stations.

c.

Public service or municipal garages.

d.

Ambulance service.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of a permit therefor, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district shall be deleted from the list of special uses permitted.

(2)

Residence of the proprietor of a commercial use.

(3)

Residence, when on the second floor and secondary to the business use of the premises.

(4)

Planned unit developments.

(5)

Wireless communication facilities mounted on existing structures.

(6)

Freestanding wireless communication facilities located on publicly-owned land.

(7)

Financial institutions.

(8)

Outdoor areas for dining and drinking establishments.

(9)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(10)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(11)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-165(g)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Temporary uses other than those permitted in section 106-165(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Prohibited uses. All uses not expressly authorized in subsections (b), (c), (d) and (e) of this section are prohibited, including automotive salvage yards.

(g)

Site and structure requirements.

(1)

Minimum lot area. No minimum lot area is required.

(2)

Minimum lot width. A minimum lot width of 120 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 20 feet from the front lot line. (For corner lots, see section 106-10(d).)

(4)

Side yard. No side yard is required, except, if a yard is provided, it shall be not less than ten feet. Where a C-4 property adjoins a residential district, a side yard at least equal to that of the residential district shall be provided.

(5)

Rear yard. There shall be a rear yard of not less than ten percent of the depth of the lot; provided, however, such rear yard need not exceed ten feet in depth. Adjoining a residential district, the rear yard provided shall be equal to or greater than that of the adjoining residential district.

(6)

Maximum height. No structure or portion thereof shall exceed a height of three stories or 45 feet, and no accessory structure shall exceed one story or 15 feet in height.

(7)

Bulk requirements. The maximum size of a building, including any outdoor storage, display and sales areas, shall not exceed the lesser of (a) a floor area ratio of 1.5 or (b) 50,000 square feet.

(8)

Screening. When a C-4 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(9)

Setback for fuel dispensing devices. Fuel dispensing devices shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and corner side lot line a distance of not less than 15 feet.

(h)

Special provisions.

(1)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district in division 5 of this article.

(2)

Outdoor sales. All outdoor sales space shall be provided with a permanent durable and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(3)

Outdoor storage. All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right-of-way.

(4)

Waste materials. No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.

(5)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(6)

Wireless communication facilities. Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

a.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than ten percent or ten feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-166(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(7)

Automobile gasoline and diesel fueling stations. The following displays are permitted accessory to automobile gasoline and diesel fueling stations:

a.

Racks (not more than five feet in height and three feet in length) for the orderly display of cans of engine oil for the convenience in dispensing the oil may be located on or at the ends of pump islands (limit two to each island).

b.

Two open portable tire racks (not more than five feet in height and three feet in length) on casters, for the purpose of displaying new tire casings, shall be permitted for each automobile gasoline and diesel fueling station.

(8)

Freestanding wireless communication facilities located on publicly-owned land shall be exempt from the site and structure requirements of section 106-165(g) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-165(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-165(g).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-5-5; Ord. No. 1154, § 14, 6-25-1997; Ord. No. 1218, §§ 6, 7, 11-2-1998; Ord. No. 1195, §§ 26, 27(10-5-5), 5-13-1998; Ord. No. 1280, § 4, 12-21-1999; Ord. No. 1507, §§ 23, 24, 11-12-2003; Ord. No. 1745, § 14, 3-28-2006; Ord. No. 1826, §§ 9, 10, 12-19-2006; Ord. No. 1829, § 4, 2-20-2007; Ord. No. 2023, § 4, 1-26-2009; Ord. No. 2064, § 6, 9-14-2009; Ord. No. 2092, § 4, 3-18-2010; Ord. No. 2109, §§ 25, 26, 5-24-2010; Ord. No. 2115, § 14, 7-12-2010; Ord. No. 2465, §§ 7, 8, 12-4-2014; Ord. No. 2647, § 5, 6-26-2017; Ord. No. 2872, §§ 8, 9, 5-18-2020; Ord. No. 3128, §§ 8, 9, 9-9-2024)

Note— Ord. No. 1280 § 4, adopted Dec. 21, 1999, enacted provisions for the addition of § 106-165(h)(6). Inasmuch as Ord. No. 1195, § 27, adopted May 13, 1998, had previously enacted provisions designated as § 106-165(h)(6), the provisions of Ord. No. 1280 have been added as § 106-165(h)(7) at the editor's discretion.

(a)

Description. The C-5 office/transitional district should contain office, residential, institutional and support commercial facilities. The intent of this district is to act as a transitional zone between intensive business areas and residential neighborhoods.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses which supply commodities on the premises, limited to:

a.

Drugstores.

b.

Gift shops.

c.

Office supplies.

(2)

Business service establishments which perform services on the premises, such as:

a.

Better business bureau.

b.

Business and management consultants.

c.

Business office in which chattels or goods, wares or merchandise are not displayed or sold on the premises.

d.

Chamber of commerce.

e.

Charitable organizations.

f.

Civic associations.

g.

Cultural institutions.

h.

Credit agencies.

i.

Detective agencies and/or security police.

j.

Insurance offices.

k.

Investment companies.

l.

Labor unions and organizations.

m.

Mail order houses.

n.

Merchants' associations.

o.

Nursery schools, preschools and day care centers.

p.

Political organizations.

q.

Professional membership associations.

r.

Real estate offices.

s.

Religious institutions.

t.

Schools.

u.

Social and fraternal associations.

v.

Trade associations.

(3)

Professional office establishments, such as:

a.

Accounting, auditing and bookkeeping.

b.

Artist and industrial designers.

c.

Attorneys and law offices.

d.

Chiropodist's offices.

e.

Chiropractor's offices.

f.

Dentist's offices.

g.

Doctor's, surgeon's and/or physician's offices.

h.

Engineering and architectural services.

i.

Landscape architects.

j.

Land surveyors.

k.

Medical and dental clinics.

l.

Ministers.

m.

Optician's offices.

n.

Osteopath's offices.

o.

Veterinary offices.

(4)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Public, quasipublic and governmental buildings and facilities permitted in the C-2 district in section 106-162(b)(5).

b.

Parks, playgrounds and forest preserves.

(5)

Residential uses, such as:

a.

Convalescent homes, nursing homes, rest homes, retirement homes or sanitariums.

b.

Dormitories, fraternities and clubs.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of a permit therefor, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district shall be deleted from the list of special uses permitted.

(2)

Dwelling units.

(3)

General retail.

(4)

Planned unit development.

(5)

Services, including but not limited to barbershops, beauty shops, laundries, clothes cleaning and laundry pickup stations, shoe repair, tailor shops, appliance repair shops, electricians' shops and similar stores or shops for the conduct of business.

(6)

Wireless communication facilities.

(7)

Financial institutions.

(8)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(9)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(10)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-166(f)(2), (3) and (4). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Temporary uses other than those permitted in section 106-166(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Site and structure requirements.

(1)

Minimum lot area. No minimum lot area is required.

(2)

Front yard. All structures shall be set back at least 30 feet from the front lot line. (For corner lots, see section 106-10(d).)

(3)

Side yard. All structures shall be set back at least ten feet from the side lot line.

(4)

Rear yard. All structures shall be set back at least ten feet from the rear lot line. Adjoining a residential district, the rear yard provided shall be 20 feet.

(5)

Maximum height. No structure or portion thereof shall exceed a height of three stories or 40 feet.

(6)

Bulk requirements. The maximum size of a building shall not exceed the lesser of (a) a floor area ratio of 1.5 or (b) 25,000 square feet.

(7)

Screening. When a C-5 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(g)

Special provisions.

(1)

Enclosure of operations. All business, servicing or processing shall be conducted within completely enclosed buildings, except:

a.

Off-street parking or loading.

b.

Accessory uses when allowed by the special exception procedure.

(2)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district in division 5 of this article.

(3)

Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced.

(4)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(5)

Wireless communication facilities. Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

a.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than ten percent or ten feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-166(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(6)

Freestanding wireless communication facilities shall be exempt from the site and structure requirements of section 106-166(f) and shall be subject to the following requirements:

a.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

c.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

d.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

e.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

f.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

g.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

h.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

i.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-166(f) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

j.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

k.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-166(f).

l.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Code 1981, § 10-5-6; Ord. No. 1154, § 15, 6-25-1997; Ord. No. 1195, §§ 28, 29(10-5-6), 5-13-1998; Ord. No. 1280, § 5, 12-21-1999; Ord. No. 1507, § 25, 11-12-2003; Ord. No. 1745, § 15, 3-28-2006; Ord. No. 1826, §§ 11, 12, 12-19-2006; Ord. No. 1829, § 5, 2-20-2007; Ord. No. 2023, § 5, 1-26-2009; Ord. No. 2064, § 7, 9-14-2009; Ord. No. 2092, § 5, 3-18-2010; Ord. No. 2109, §§ 27, 28, 5-24-2010; Ord. No. 2115, § 15, 7-12-2010; Ord. No. 2465, §§ 9, 10, 12-4-2014; Ord. No. 2647, § 6, 6-26-2017; Ord. No. 2872, §§ 10, 11, 5-18-2020)

(a)

Description. The C-6 office and research park district is intended to provide land for large, attractively landscaped sites, often along major trafficways, with permitted "showplace" buildings having large setbacks. The entire area is intended to create a park-like atmosphere conducive to the quality development of international headquarters, large office buildings, research activities, and some specialized nonobjectionable industrial activities. The low intensity and limiting restrictions provide for permitted uses compatible with adjacent residential and commercial developments.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Commercial uses:

a.

Hotels and/or motels.

b.

Restaurants, excluding drive-in service.

(2)

Business service and/or office establishments, such as:

a.

Business offices.

b.

Insurance companies.

c.

Personnel training centers.

d.

Professional offices of engineering and/or architectural firms.

e.

Regional sales offices.

f.

Merchandise and product display space, but no direct sales.

g.

Medical research and clinics.

(3)

Industrial type uses, such as:

a.

Design firms.

b.

Electronics industries.

c.

Experimental product development.

d.

Laboratories.

e.

Pharmaceutical industries.

f.

Pilot plants.

g.

Research firms.

(4)

Public, quasipublic and governmental buildings and facilities, such as:

a.

Essential services, gas regulator stations, telephone exchanges and electric substations.

b.

Hospitals.

c.

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(5)

Museums and art galleries.

a.

Office buildings.

b.

Post offices.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of a permit therefor, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district shall be deleted from the list of special uses permitted.

(2)

General retail and services located within one of the permitted uses, including but not limited to drugstores, barbershops, beauty shops, dry cleaners, laundries, shoe repair and tailor shops.

(3)

Planned unit developments.

(4)

Warehouses and storage facilities, but excluding motor freight terminals.

(5)

Wireless communication facilities.

(6)

Financial institutions.

(7)

Outdoor areas for dining and drinking establishments.

(8)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(9)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(10)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-167(g)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Temporary uses other than those permitted in section 106-167(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Site and structure requirements.

(1)

Minimum lot area. A separate ground area of not less than five acres shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.

(2)

Minimum lot width. A minimum lot width of 250 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 100 feet from the front lot line.

(4)

Side yard. All structures shall be set in a distance of not less than 50 feet from the side lot line.

(5)

Rear yard. All structures shall be set in a distance of not less than 50 feet from the rear lot line.

(6)

Maximum height. No structure or portion thereof shall exceed a height of two stories or 25 feet, or a height equal to one-half of the horizontal distance from the structure to any property line, whichever is greater.

(7)

Bulk requirements. There shall be no maximum square footage requirement in the C-6 district, however, the floor area ratio shall not exceed 1.0.

(8)

Maximum lot coverage. Not more than 25 percent of the lot area may be occupied by buildings and structures, including accessory buildings.

(9)

Minimum area. The minimum area of a C-6 office and research park zoning district shall be not less than 20 acres.

(10)

Screening. When a C-6 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(g)

Special provisions.

(1)

Enclosure of operations. All business, servicing or processing shall be conducted within completely enclosed buildings, except:

a.

Off-street parking or loading.

b.

Accessory uses when allowed by the special exception procedure.

(2)

Performance standards. All activities shall conform with the standards established for the I-1 limited industrial district in division 5 of this article.

(3)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(4)

Wireless communication facilities.

a.

Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

1.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 20 percent or 20 feet, whichever is the lesser.

2.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

3.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-167(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

4.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

b.

Freestanding wireless communication facilities on parcels located not less than five hundred feet from a residential district shall be exempt from the site and structure requirements of section 106-167(g), and shall be subject to the following requirements:

1.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the president and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

(i)

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

(ii)

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

(iii)

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

(iv)

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

2.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited.

3.

Front yard. All wireless communication towers shall be set back a minimum of one hundred feet from the front lot line. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

4.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

5.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

6.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

7.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

8.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

9.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-167(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

10.

Screening. Screening shall be provided in accordance with the requirements of section 106-167(g)(10).

11.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-167(g).

12.

Abandoned or unused facilities. Abandoned or unused facilities, towers or portions of towers, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(Code 1981, § 10-5-7; Ord. No. 1195, §§ 30, 31(10-5-7), 5-13-1998; Ord. No. 1280, § 6, 12-21-1999; Ord. No. 1507, § 26, 11-12-2003; Ord. No. 1745, § 16, 3-28-2006; Ord. No. 1826, §§ 13, 14, 12-19-2006; Ord. No. 1829, § 6, 2-20-2007; Ord. No. 2023, § 6, 1-26-2009; Ord. No. 2064, § 8, 9-14-2009; Ord. No. 2092, § 6, 3-18-2010; Ord. No. 2109, §§ 29, 30, 5-24-2010; Ord. No. 2115, § 16, 7-12-2010; Ord. No. 2465, §§ 11, 12, 12-4-2014; Ord. No. 2647, § 7, 6-26-2017; Ord. No. 2728, § 13, 7-23-2018; Ord. No. 2872, §§ 12, 13, 5-18-2020)

(a)

Description. The C-7 regional shopping district is intended to provide land for large commercial and retail uses. The uses are often of high intensity and draw customers from a regional market area. The district is most appropriately located along major trafficways, state and interstate highways with high visibility and accessibility.

(b)

Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses, such as:

a.

Retail businesses permitted in the C-3 district in section 106-164(b)(1).

b.

Automobile laundries.

c.

Automobile gasoline and diesel fueling stations, subject to the following restrictions:

1.

Location restrictions. On and after September 9, 2024, new automobile gasoline and diesel fueling stations may only be established with the U.S. Route 6 corridor, defined as parcels in which no portion of the property is located more than 1,500 feet from the centerline of U.S. Route 6 (Maple Road).

2.

Existing stations. Automobile gasoline and diesel fueling stations legally established prior to September 9, 2024, shall be considered legal conforming uses within the C-7 regional shopping district and may continue to operate, be repaired, or be sold to a new owner without a change in use under this section.

(2)

Personal service establishments permitted in the C-3 district in section 106-164(b)(2).

(3)

Business service establishments permitted in the C-3 district in section 106-164(b)(3).

(4)

Professional office establishments permitted in the C-3 district in section 106-164(b)(4).

(5)

Public, quasi-public and governmental buildings and facilities permitted in the C-3 district in section 106-164(b)(5).

(6)

Residential uses, such as hotels and/or motels.

(7)

Indoor recreation facilities.

(8)

Outdoor recreation facilities.

(c)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of a permit therefor, the following uses may be operated as special uses:

(1)

Amusement establishments, including but not limited to electronic game rooms and mechanical amusement arcades.

(2)

Amusement parks, including but not limited to permanent carnivals, kiddie parks and other similar outdoor amusements.

(3)

Commercial swimming pools.

(4)

Commercial testing laboratories.

(5)

Go-kart raceways.

(6)

Golf courses and/or country clubs.

(7)

Physical culture and health services, gymnasiums and reducing salons.

(8)

Planned unit developments.

(9)

Residence of the proprietor of a commercial use.

(10)

Stadiums and arenas.

(11)

Tennis clubs.

(12)

Wireless communication facilities.

(13)

Financial institutions.

(14)

Outdoor areas for dining and drinking establishments.

(15)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(16)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(17)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(18)

Gun shops, subject to the following conditions:

a.

No gun shop shall be located less than 500 feet from any residentially-zoned property, school, park, church, pre-school or day care center.

b.

The mayor and board of trustees shall find that off-street parking is adequate to serve all uses within the gun shop, including areas for retail sales and classroom or instruction.

c.

The gun shop shall comply with all applicable requirements of chapter 54 of the Village Code, as amended.

(19)

Adult use cannabis dispensing organization, subject to the provisions of section 106-48(e)(6).

(20)

Adult-use cannabis infuser organization, when collocated with an adult-use cannabis dispensing organization and subject to the provisions of section 106-48(e)(6).

(21)

Roof-mounted commercial solar energy facilities on buildings over 100,000 square feet, subject to the requirements of article XII of this chapter.

(22)

Massage establishments.

(d)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-168(g)(2), (3) and (4). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Temporary uses other than those permitted in section 106-168(d)(1).

(e)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(f)

Prohibited uses. All uses not expressly authorized in subsections (b), (c), (d) and (e) of this section are prohibited, including:

(1)

Concrete mixing or asphalt plants.

(2)

Wrecking, dismantling or automobile salvage yards.

(g)

Site and structure requirements.

(1)

Minimum lot area. No minimum lot area is required, except that each residential use shall have a ground area of not less than 5,000 square feet.

(2)

Front yard. All structures shall be set back at least 50 feet from the front lot line. (For corner lots, see section 106-10(d).)

(3)

Side yard. All structures shall be set in a distance of not less than 50 feet from the side lot line.

(4)

Rear yard. All structures shall be set in a distance of not less than 50 feet from the rear lot line.

(5)

Maximum height. No structure or portion thereof shall exceed a height of three stories or 40 feet, or a height equal to one-half of the horizontal distance from the structure to any property line, whichever is greater.

(6)

Bulk requirements. There shall be no maximum square footage requirement in the C-7 district, however, the floor area ratio, including any outdoor storage, display and sales areas, shall not exceed 1.0.

(7)

Screening. When a C-7 district is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

(8)

Setbacks for fuel dispensing devices. Fuel dispensing devices shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and corner side lot line a distance of not less than 25 feet.

(h)

Special provisions.

(1)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district.

(2)

Outdoor sales. All outdoor sales space shall be graded and drained so as to dispose of all surface water.

(3)

Outdoor storage. All outdoor storage facilities for fuel, raw materials and products, when within 200 feet of a residential district, shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right-of-way.

(4)

Waste materials. All materials or wastes shall be deposited in containers in such a form that they would not be transferred off the property by natural causes or forces. Waste materials shall be removed sufficiently often so as not to create a nuisance.

(5)

Lighting. All exposed sources of light shall be shielded wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(6)

Automobile gasoline and diesel fueling stations. The following displays are permitted accessory to automobile gasoline and diesel fueling stations:

a.

Racks (not more than five feet in height and three feet in length) for the orderly display of cans of engine oil for the convenience in dispensing the oil may be located on or at the ends of pump islands (limit two to each island).

b.

Two open portable tire racks (not more than five feet in height and three feet in length) on casters, for the purpose of displaying new tire casings, shall be permitted for each automobile gasoline and diesel fueling station.

(7)

Wireless communication facilities.

a.

Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

1.

Maximum height: No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 20 percent or 20 feet, whichever is the lesser.

2.

Color: Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

3.

Accessory structures: To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structural requirements of section 106-168(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

4.

Abandoned or unused facilities: Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

b.

Freestanding wireless communication facilities shall be exempt from the site and structure requirements of section 106-168(g) and shall be subject to the following requirements:

1.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

i.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

ii.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

iii.

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

iv.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

2.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

3.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

4.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

5.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

6.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

7.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

8.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

9.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-168(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

10.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

11.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-168(g).

12.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(Ord. No. 1280, § 7, 12-21-1999; Ord. No. 1507, §§ 27, 28, 11-12-2003; Ord. No. 1745, § 17, 3-28-2006; Ord. No. 1826, § 15, 12-19-2006; Ord. No. 1829, § 7, 2-20-2007; Ord. No. 2023, § 7, 1-26-2009; Ord. No. 2064, § 9, 9-14-2009; Ord. No. 2092, § 7, 3-18-2010; Ord. No. 2109, §§ 31, 32, 5-24-2010; Ord. No. 2115, § 17, 7-12-2010; Ord. No. 2465, §§ 13, 14, 12-4-2014; Ord. No. 2635, § 2, 4-24-2017; Ord. No. 2647, § 8, 6-26-2017; Ord. No. 2872, §§ 14, 15, 5-18-2020; Ord. No. 2966, § 5, 1-10-2022; Ord. No. 3086, § 1, 12-11-2023; Ord. No. 3128, §§ 10, 11, 9-9-2024; Ord. No. 3153, § 2, 12-16-2024; Ord. No. 3165, § 5, 1-27-2025)

Editor's note— Ord. No. 3165, § 5, adopted January 27, 2025, set out provisions intended for use as § 106-168(c)(21). Inasmuch as there were already provisions so designated, said section has been codified herein as § 106-168(c)(22) at the discretion of the editor.

The industrial district regulations are intended to govern the location, intensity and method of development of the industrial areas of the village. The regulations are designed to provide for the grouping together of industries that are compatible with one another and that are not objectionable to the community as a whole. The I-1 limited industrial district is intended to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards. The regulations preserve lands for industrial and allied uses and prohibit the intrusion of residential and other noncompatible uses into the industrial area. The performance of the industrial uses is regulated by establishing standards for the external effects of noise, smoke, vibration and other potential nuisances. The limited industrial district is intended to contain uses such as wholesaling, warehousing and limited manufacturing activities.

(Code 1981, § 10-6-1)

(a)

Uses permitted. In the I-1 limited industrial district, no land shall be used or occupied, and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Industrial type uses:

a.

The following uses:

1.

Assembling establishments.

2.

Bakeries.

3.

Bedding manufacturing.

4.

Boot and shoe manufacturing.

5.

Bottling plants.

6.

Carpet manufacturing.

7.

Cloth products manufacturing.

8.

Concrete and cast stone fabrication and molding.

9.

Cosmetics production.

10.

Dairy products processing or manufacture.

11.

Dry cleaning plants and operations primarily serving satellite dropoff dry cleaning establishments in other districts.

12.

Electronic and scientific precision instruments manufacturing.

13.

Food manufacture, packaging and processing.

14.

Fur processing.

15.

Glass products production.

16.

Laundries, including truck route laundries, linen supply and diaper services.

17.

Light machinery production: appliances, business machines, etc.

18.

Manufacturing and assembling electrical and electronic products and equipment.

19.

Manufacturing, packaging or treatment of food and drugs.

20.

Musical instruments manufacturing.

21.

Orthopedic and medical appliance manufacture.

22.

Packing and crating.

23.

Paper products manufacture.

24.

Plastic extruding.

25.

Pottery and ceramics manufacture.

26.

Rope, cord and twine manufacture.

27.

Soap manufacture.

28.

Wearing apparel manufacture.

29.

Woodworking and wood products manufacture.

b.

Laboratories and research firms involved in research, experimentation or testing of materials, goods or products.

c.

Printing, publishing or lithography establishments.

(2)

Wholesale and warehouse uses:

a.

Direct selling establishments where products are stored and distributed.

b.

Wholesale and warehouse establishments that deal in commodities which are the product of a use permitted in the I-1 district, excluding bulk storage of explosives, fats, oils, gasoline or other fuel.

c.

Wholesale establishments.

d.

Warehouses.

e.

Storage buildings.

(3)

Commercial uses:

a.

Service retail businesses for the convenience of persons and firms in the industrial district:

1.

Automobile service stations.

2.

Banks, not including drive-in facilities.

3.

Barbershops.

4.

Body piercing establishments.

5.

Contractor's, architect's and engineer's offices and shops.

6.

Currency exchanges.

7.

Delicatessens.

8.

Doctor's, surgeon's and/or physician's offices.

9.

Dry cleaners.

10.

Hotels and/or motels.

11.

Mail order houses.

12.

Medical clinics.

13.

Meeting halls.

14.

Office buildings.

15.

Restaurants.

16.

Tattoo establishments.

17.

Beauty parlors.

18.

Tobacco shops, alternative nicotine shops, and vapor shops.

19.

Automobile gasoline and diesel fueling stations, subject to the following restrictions:

i.

Location restrictions. On and after September 9, 2024, new automobile gasoline and diesel fueling stations may only be established with the U.S. Route 6 corridor, defined as parcels in which no portion of the property is located more than 1,500 feet from the centerline of U.S. Route 6 (Maple Road).

ii.

Existing stations. Automobile gasoline and diesel fueling stations legally established prior to September 9, 2024, shall be considered legal conforming uses within the I-1 limited industrial district and may continue to operate, be repaired, or be sold to a new owner without a change in use under this section.

b.

Business establishments:

1.

Advertising signs.

2.

Auto repair, major.

3.

Bottled gas dealers.

4.

Bottling works.

5.

Building services and supplies.

6.

Cartage, express and parcel delivery establishments.

7.

Commercial testing laboratories.

8.

Contractor's, architect's and engineer's offices and shops.

9.

Fuel oil and gasoline dealers.

10.

Furniture repair and reupholstery.

11.

Lumberyards.

12.

Mail order houses.

13.

Motor vehicle dealers.

14.

Monument works.

15.

Tire retreading and repair shops.

16.

Gymnasiums.

17.

Photographic studios.

(4)

Public, quasipublic and governmental buildings and facilities:

a.

Animal pounds and shelters.

b.

Essential services, gas regulator stations, telephone exchanges and electric substations.

c.

Hospitals.

d.

Office buildings.

e.

Parks and playgrounds.

f.

Public service or municipal garages.

g.

Public utility establishments.

h.

Recreation buildings or community centers.

i.

Recycling collection centers.

j.

Sewage treatment plants.

k.

Stadiums, auditoriums and arenas, open or closed.

l.

Transit and transportation facilities.

m.

Vocational schools.

n.

Water filtration plants.

o.

Water reservoirs.

p.

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(b)

Special uses permitted. The following uses shall be permitted only if specifically authorized by the zoning board of appeals as allowed in article II of this chapter:

(1)

Drive-in banking facilities.

(2)

Planned unit developments.

(3)

Residence of the proprietor, caretaker or watchman, when located on the premises of the commercial or industrial use.

(4)

Radio and television towers.

(5)

Heliports, private or commercial.

(6)

Wireless communication facilities.

(7)

Amusement establishments.

(8)

Animal training facilities, grooming establishments and kennels.

(9)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(10)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(11)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(12)

Dancing schools or studios.

(13)

Crematoriums.

(14)

Medical cannabis cultivation centers.

(15)

Medical cannabis dispensing organizations, with or without a drive-through.

(16)

Gun shops, indoor gun ranges and gun manufacturing establishments, subject to the following conditions:

a.

No gun shop, indoor gun range or gun manufacturing establishment shall be located less than 500 feet from any residentially-zoned property, school, park, church, pre-school or day care center.

b.

The mayor and board of trustees shall find that off-street parking is adequate to serve all uses within the gun shop, indoor gun range and/or gun manufacturing establishment, including areas for retail sales, classroom or instruction, indoor gun ranges, and gun manufacturing.

c.

The gun shop, indoor gun range and/or gun manufacturing establishment shall comply with all applicable requirements of chapter 54 of the Village Code, as amended.

(17)

Adult-use cannabis cultivation center, subject to the provisions of section 106-48(e)(6).

(18)

Ground-mounted commercial solar energy facilities, subject to the requirements of article XII of this chapter.

(19)

Roof-mounted commercial solar energy facilities, subject to the requirements of article XII of this chapter.

(c)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required front, side or rear yard setback as specified in section 106-182(f)(3), (4) and (5). One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed prior to the issuance of a certificate of occupancy for the development on the site for which the temporary buildings were necessary.

b.

Real estate subdivision sign not to exceed 100 square feet for each face. No part of any real estate subdivision sign shall exceed ten feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one real estate subdivision sign shall be permitted along each such frontage. Each such permit shall be valid until the first to occur of i) the issuance of a building permit for the project; or ii) five years after the date of issuance of the temporary use permit. The person applying for the temporary use permit shall provide the village with a cash deposit in the amount of $500.00. Said deposit shall be returned upon satisfactory removal of the temporary real estate subdivision sign by the permit holder. If the village determines, in its sole discretion, that the real estate subdivision sign requires repair or replacement, the village shall notify the permit holder. If the sign is not repaired or replaced within 14 calendar days, the village may use the cash deposit and remove the sign, and the permit holder shall not be entitled to a return of the $500.00 cash deposit. There shall be no more than one temporary use permit for a real estate subdivision sign issued for the same project, two temporary use permits if the project has frontage on two collector and/or minor arterial streets as classified in the village's comprehensive plan, regardless of the number of units/phases.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Real estate subdivision signs and trailers other than that permitted in section 106-182(c)(1).

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefor, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall be granted on a per unit/phase basis. There shall be no more than one valid permit at any given time for an overall project, regardless of the number of units/phases.

b.

Real estate subdivision signs and trailers other than that permitted in section 106-182(c)(1).

(d)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter.

(2)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three (3) or more complaints or violations during the previous twelve (12) months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten (10) days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(3)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter.

(4)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(e)

Prohibited uses. All uses not expressly authorized in subsections (a), (b), (c) and (d) of this section are prohibited, including:

(1)

Residential uses, except as a special use.

(2)

Drive-in restaurants.

(3)

Wrecking, crushing, dismantling or automotive salvage yards.

(4)

Bulk concrete or bituminous asphalt concrete manufacturing.

(5)

Manufacturing, warehousing, storage or commercial sales of explosives.

(f)

Site and structure requirements.

(1)

Minimum lot area. A separate ground area of not less than 10,000 square feet shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.

(2)

Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or special use.

(3)

Front yard. All structures shall be set back at least 30 feet from the front lot line when the property fronts on a local street. For properties fronting an arterial or collector street as identified in the transportation plan of the village, all structures shall be set back at least 50 feet from the front lot line. When the front yard of an I-1 district abuts a residential district or undeveloped property identified for residential use on the comprehensive plan of the village, all structures shall be set back at least 50 feet from the front lot line. (For corner lots, see section 106-10(d).)

(4)

Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on the least side, with the sum of the two sides not less than 25 feet. When the side yard of an I-1 district abuts a residential district or undeveloped property identified for residential use on the comprehensive plan of the village, all structures shall be set in the greater of 50 feet from the side lot line or 30 feet plus one foot for each foot of building height over 35 feet.

(5)

Rear yard. All structures shall be set in a distance of not less than 30 feet from the rear lot line. When the rear yard of an I-1 district abuts a residential district or undeveloped property identified for residential use on the comprehensive plan of the village, all structures shall be set in the greater of 50 feet from the rear lot line or 30 feet plus one foot for each foot of building height over 35 feet. When the rear yard of an I-1 district is adjacent to a railroad right-of-way, no rear yard setback shall be required.

(6)

Maximum height. No structure shall exceed 2½ stories or 35 feet in height when within 200 feet of any residential district. Otherwise, no structure shall exceed in height one-half the distance measured to the centerline of any street or residential district line.

(7)

Floor area ratio. The floor area ratio shall not exceed 2.0.

(8)

Maximum lot coverage. Not more than 60 percent of the lot area may be occupied by buildings and structures, including accessory buildings.

(g)

Special provisions.

(1)

Parking requirements. Parking requirements shall be in accordance with the applicable regulations set forth in article VI of this chapter.

(2)

Sign requirements. Sign requirements shall be in accordance with the applicable regulations set forth in article VIII of this chapter.

(3)

Outdoor sales. All outdoor sales space shall be provided with a permanent durable and dustless surface, and shall be graded and drained as to dispose of all surface water.

(4)

Outdoor storage. All outdoor storage facilities for fuel, raw materials and products within 200 feet of a residential district shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right-of-way.

(5)

Enclosure of use. All industrial operations shall take place within completely enclosed buildings, unless otherwise specified.

(6)

Wireless communication facilities.

a.

Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

1.

Maximum height. No wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 20 percent or 20 feet, whichever is the lesser.

2.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

3.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-182(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

4.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

b.

Freestanding wireless communication facilities on parcels located not less than 500 feet from a residential district shall be exempt from the site and structure requirements of section 106-182(g), and shall be subject to the following requirements:

1.

[Special use permit.] No special use permit for a freestanding wireless communication facility shall be granted unless the president and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

(i)

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

(ii)

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

(iii)

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

(iv)

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

2.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited.

3.

Front yard. All wireless communication towers shall be set back a minimum of 50 feet from the front lot line. However, if located on a lot with an existing permitted or special use having a setback in excess of 50 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

4.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

5.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

6.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

7.

Maximum height. No freestanding wireless communication tower shall exceed 200 feet in height. Notwithstanding any provision of this chapter to the contrary, the height of any tower shall be not more than one-half the setback to any residential district. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three (3) services or service providers.

8.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

9.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-182(g) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

10.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-182(g).

11.

Abandoned or unused facilities. Abandoned or unused facilities, towers or portions of towers, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility.

(Code 1981, § 10-6-2; Ord. No. 1195, §§ 32, 33(10-6-2), 5-13-1998; Ord. No. 1218, §§ 8, 9, 11-2-1998; Ord. No. 1239, § 1, 4-27-1999; Ord. No. 1307, § 1, 9-12-2000; Ord. No. 1507, § 29, 11-12-2003; Ord. No. 1745, § 18, 3-28-2006; Ord. No. 1829, § 8, 2-20-2007; Ord. No. 2023, § 8, 1-26-2009; Ord. No. 2026, §§ 1—3, 3-9-2009; Ord. No. 2052, § 1, 6-22-2009; Ord. No. 2064, § 10, 9-14-2009; Ord. No. 2092, § 8, 3-18-2010; Ord. No. 2109, §§ 33, 34, 5-24-2010; Ord. No. 2115, § 18, 7-12-2010; Ord. No. 2163, § 1, 4-24-2011; Ord. No. 2399, § 3, 2-10-2014; Ord. No. 2465, §§ 15, 16, 12-4-2014; Ord. No. 2550, § 3, 2-22-2016; Ord. No. 2635, § 3, 4-24-2017; Ord. No. 2647, § 9, 6-26-2017; Ord. No. 2728, § 14, 7-23-2018; Ord. No. 2760, § 1, 12-17-2018; Ord. No. 2872, §§ 16, 17, 5-18-2020; Ord. No. 2966, § 6, 1-10-2022; Ord. No. 3024, § 1, 10-24-2022; Ord. No. 3128, § 12, 9-9-2024; Ord. No. 3135, § 2, 9-23-2024; Ord. No. 3153, §§ 3, 4, 12-16-2024)

(a)

Applicability. Any use established in the I-1 district after the effective date hereof shall be so operated as to comply with the performance standards governing noise, vibration, smoke and particulate matter, toxic matter, odorous matter, fire and explosive hazards, glare and radiation hazards, as set forth in this section. Uses already established on the effective date hereof shall be permitted to be altered, enlarged, expanded or modified, provided that the additions or changes comply with such performance standards.

(b)

Noise.

(1)

For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Sounds of very short duration, as from forge hammers, punch presses and metal shears, which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (ANSI Standard S1.6-1960, Preferred Frequencies for Acoustical Measurement) shall be used with the table headed "Octave Band, Preferred Frequencies." Octave band analyzers calibrated with the pre-1960 octave bands (ANSI Z24.10-1953, Octave Band Filter Set) shall be used with the tables headed "Octave Band, Pre-1960."

(2)

The following uses and activities shall be exempt from the noise level regulations:

a.

Noises not directly under the control of the property user.

b.

Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. Such activities are those which are nonroutine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

c.

The noises of safety signals, warning devices and emergency pressure relief valves which are used infrequently.

d.

Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.

(3)

The decibel values specified for residence districts shall be reduced by five decibels between the hours of 7:00 p.m. and 7:00 a.m.

(4)

The generation of noise shall not exceed the following decibel limits:

MAXIMUM PERMITTED SOUND LEVELS

_____

(5)

Impact noises measured on an impact noise analyzer shall not exceed the following peak intensities:

(c)

Vibration.

(1)

In the I-1 district, no activity or operation shall cause or create earthborne vibrations in excess of the displacement values given in this subsection.

(2)

Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described in this subsection. Vibration displacements shall be measured with an instrument or complement of instruments capable of simultaneously measuring in three mutually perpendicular directions. The maximum vector shall be less than the vibration displacement permitted.

(3)

The maximum permitted displacements shall be permitted in each district by the following formula:

D = K/f

Where:

(4)

The maximum earth displacement permitted at the points described in table 1 shall be determined by use of the formula in subsection (c)(3) of this section and the appropriate K constant shown in table 1.

TABLE 1. VALUES OF K TO BE USED IN VIBRATION FORMULA

(d)

Smoke and particulate matter.

(1)

For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann chart described in the U.S. Bureau of Mines Information Circular 8333 (May 1967) shall be employed. The emission of smoke or particulate matter of a density or equivalent opacity equal to or greater than no. 2 on the Ringelmann chart is prohibited at all times, except as otherwise provided in this subsection.

(2)

Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, wetting or other acceptable means.

(3)

No operation shall cause or allow to be emitted into the open air from any process or control equipment, or to pass any convenient measuring point in a breeching or stack, particulate matter in the gases that exceeds 0.35 grain per standard cubic foot (70 degrees Fahrenheit and 14.7 psia) of gases during any one hour.

(4)

Particulate matter loadings in pounds per acre described in this subsection shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.

(5)

The emission of smoke having a density or equivalent opacity in excess of Ringelmann no. 1 is prohibited. However, for two minutes in any four-hour period, smoke up to and including Ringelmann no. 2 shall be permitted.

(6)

The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not exceed 0.5 pound per hour per acre of lot area.

(e)

Toxic matter.

(1)

The release of airborne toxic matter shall not exceed 1/30 of the "Threshold Limit Values for 1967" as adopted by the American Conference of Governmental Industrial Hygienists, when measured at any point beyond the lot line, either at ground level or the habitable elevation, whichever is more restrictive. Concentrations shall be measured and calculated as the highest average that will occur over a continuous 24-hour period.

(2)

If a toxic substance is not listed, the applicant shall satisfy the village that the proposed level will be safe and not detrimental to the public health or injurious to plant and animal life.

(f)

Odorous matter. When odorous matter is released from any operation, activity or use, the concentration of such odorous materials shall not exceed the odor threshold when measured beyond the lot line, either at ground level or the habitable elevation.

(g)

Fire and explosion hazards.

(1)

Detonable materials. The storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds. Such materials shall include but are not limited to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMS, PETN and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrozoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

(2)

Flammable solids. In the I-1 district, the storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided either of the following conditions is met:

a.

Such materials or products shall be stored, utilized or manufactured within completely enclosed buildings having no less than two-hour fire resistant exterior walls and protected with an automatic fire extinguishing system; or

b.

Such materials, if stored outdoors, will be no less than 50 feet from the nearest lot line.

_____

(3)

Flammable liquids and gases. The storage, utilization or manufacture of flammable liquids shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which shall be unrestricted. Aboveground flammable liquid and gas storage tanks shall not be less than 50 feet from all lot lines. Flammable liquids and gases in original sealed containers of 55 gallons' liquid capacity or less may be stored or utilized without restriction.

TABLE 2. TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED

When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the quantities listed in this subsection.

_____

(h)

Glare. Any operation or activity producing glare at night shall be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one-half footcandle when measured in a residence district. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

(i)

Radiation hazards.

(1)

Release outside property lines. In the I-1 district, the release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the rules and regulations of the state in 420 ILCS 40/1 et seq.

(2)

Unsealed radioactive materials. In the I-1 district, unsealed radioactive materials shall not be manufactured, utilized or stored, except when such materials are stored in a fireproof container at or below ground level.

(Code 1981, § 10-6-3)

The hospital district regulations are intended to assist, encourage and govern the location and method of development of large-scale, multi-functional hospitals and medical campuses and complimentary land uses. The regulations are designed to address the special needs and potential impacts of hospitals and support services to ensure that these uses are designed in a campus setting, including a campus support system of parking, loading and materials handling, and interconnecting system of above and below ground corridors compatible with the surrounding uses. The hospital district is intended to provide regulations on a campus-wide basis by recognizing the interdependency of the various permitted, special, and accessory uses and the resources that are shared between them.

(Ord. No. 1935, § 2, 3-24-2008)

(a)

Uses permitted. In the H hospital district, no land shall be used or occupied and no buildings, structures or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1)

Retail businesses which supply commodities on the premises, such as:

a.

Bakeries in which the manufacture of goods is limited to goods retailed on the premises only.

b.

Book and stationery stores.

c.

Camera stores.

d.

Candy and confectionary stores.

e.

Delicatessens.

f.

Drugstores.

g.

Floral shops.

h.

Gift shops.

i.

Grocery and food stores.

j.

Ice cream stores.

k.

Restaurants, cafeterias or coffee shops.

(2)

Personal service establishments which perform services on the premises, such as:

a.

Barber shops.

b.

Beauty parlors and hair salons.

c.

Dry cleaners, but not a central plant serving more than one retail outlet.

d.

Fitness centers.

e.

Nail salons.

f.

Tailors.

g.

Other similar uses to those listed herein as recommended by plan commission and approved by the village board.

(3)

Business service establishments which perform services on the premises, such as:

a.

Ambulance services.

b.

ATM installations wholly enclosed within a building.

c.

Classrooms with laboratory facilities.

d.

Daycare centers.

e.

Other similar uses to those listed herein as recommended by Plan Commission and approved by the village board.

(4)

Professional office establishments, such as but not limited to:

a.

Chiropodist's offices.

b.

Chiropractor's offices.

c.

Dentist's offices.

d.

Doctor's, surgeon's and/or physician's offices.

e.

Imaging facilities, which may include mobile technology.

f.

Laboratories, medical and dental; and medical wet labs.

g.

Medical and dental clinics.

h.

Medical and dental office buildings.

i.

Optician's offices.

j.

Osteopath's offices.

k.

Outpatient care facilities, including ambulatory facilities, fitness centers and emergency freestanding care facilities.

l.

Residential care and treatment facilities including:

1.

Assisted living facilities.

2.

Independent living facilities.

3.

Medical support facilities.

4.

Nursing homes and personal care facilities.

5.

Rehabilitation facilities.

m.

Schools and daycare centers accessory to any permitted or special use in this district.

n.

Other similar uses to those listed herein as recommended by plan commission and approved by the village board.

(5)

Public, quasi public and governmental buildings and facilities, such as:

a.

Hospitals as defined in section 106-2(b) (including free standing power plants which are intended to support a hospital and related facilities.)

b.

Off-street parking areas, including parking structures.

(b)

Special uses permitted. Upon application to the plan commission, review and recommendation by the plan commission, and issuance by the village board of trustees of a permit therefore, the following uses may be operated as special uses:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

Churches or places of religious worship.

(3)

Financial institutions.

(4)

Freestanding wireless communication facilities.

(5)

Helicopter landing areas or heliports.

(6)

Planned unit developments.

(7)

Public utility substations and transmission facilities not otherwise permitted in section 106-192(a)(5).

(8)

Undertaking establishments and funeral parlors.

(9)

Wireless communication facilities mounted on existing structures.

(10)

Attached solar energy systems when mounted on a building wall or roof facing a public or private street, subject to the requirements of article XI of this chapter.

(11)

Freestanding solar energy systems when located in front of the principal structure on the lot and beyond the front building setback line, subject to the requirements of article XI of this chapter.

(12)

Small wind energy systems, subject to the requirements of article XI of this chapter.

(13)

Small wireless facilities, subject to compliance with the provisions of chapter 94, article VII of the Village Municipal Code.

(c)

Temporary uses permitted.

(1)

Upon application to the community development department, the following uses may be operated as temporary uses:

a.

Construction signs not to exceed 100 square feet in sign area for each face. No part of any construction sign shall exceed 20 feet in height. Signs shall be non-illuminated. Each permit shall specify the location of the sign. Signs shall be located on private property, no closer than 15 feet to the edge of the pavement. In areas where sidewalks exist, signs shall be placed a minimum of two feet beyond the private property side of the edge of the sidewalk. For projects having frontage on two collector and/or minor arterial streets, as classified in the village's comprehensive plan, one construction sign shall be permitted along each such frontage. Construction signs shall be valid for a period of not more than 36 months, and shall be granted on a per unit/phase basis. A construction sign may be a wall or freestanding sign.

b.

Temporary buildings for construction offices and/or for the storage of construction materials and/or equipment, both incidental and necessary to construction and/or related to the development of the site and not for the sale of buildings or parcels located in the development. Each permit shall specify the location of the building and the area of permitted operation. Temporary buildings shall not be located within the required perimeter, front, side or rear yard setback as specified in section 106-192(e)(3), (4), (5) and (6) unless authorized by the village board. One sign, not exceeding 32 square feet and identifying the contractor and/or project, may be placed on the temporary building. Each such permit shall be valid for a period of not more than 36 months, and shall be granted on a per unit/phase basis. All temporary buildings permitted under this section shall be removed within six months of issuance of a final certificate of occupancy for any building within a development on the site for which the temporary buildings were necessary.

c.

Parking lot designated for a special event, subject to the following:

1.

Each business shall be permitted a maximum of four special event permits per calendar year.

2.

Each special event permit shall be valid for no more than four consecutive days.

3.

There shall be a minimum of 30 calendar days between special event permits issued for the same location.

4.

Each application for a special event permit shall include the following:

i.

A completed special event permit application, including the purpose of the special event and contact information for the owner of the business and the sponsor of the event.

ii.

A site plan depicting the location of all proposed accessory structures, including but not limited to all proposed tents, stages, speakers, inflatable screens and temporary restroom facilities, and demonstrating that the proposed structures will not negatively impact the use and enjoyment of neighboring properties. The village may require temporary fencing or other security measures if it determines such fencing and/or security is necessary to protect the public health, safety and welfare.

iii.

A parking plan, indicating the number of parking spaces to be lost during the duration of the special event and making reasonable accommodations for additional parking so that an adequate number of parking spaces are provided for the business and the special event.

iv.

A handicap accessibility plan demonstrating compliance with the Illinois Accessibility Code.

v.

An explanation of the types of all activities proposed during the special event, such as outdoor entertainment, sale of alcoholic beverages, security and crowd control measures, and demonstrating that such activities will not be detrimental to the general welfare of the neighborhood.

vi.

The proposed hours of operation of the special event, which will not negatively impact the use and enjoyment of neighboring properties.

vii.

An exterior lighting plan depicting all temporary lighting fixtures, power supplies and extension cords, and showing that all lighting will be directed on the special event area and not onto adjacent properties.

viii.

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village as additionally insured.

(2)

Upon application to the zoning board of appeals, review and recommendation by the zoning board of appeals and issuance by the village board of a permit therefore, the following uses may be operated as temporary uses:

a.

Temporary yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the yard and the area of permitted operation. Each such permit shall be valid for a period or of not more than 36 months, and shall be granted on a per unit/phase basis.

b.

Temporary uses other than those permitted in section 106-192(c)(1).

(d)

Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Accessory uses may include:

(1)

Administration buildings;

(2)

Attached solar energy systems when mounted on a side or rear building wall or roof, subject to the requirements of article XI of this chapter;

(3)

Conference and seminar buildings;

(4)

Upon approval of an annual application submitted on the form provided by the community development department and including detailed site plan and donation drop box details sufficient to confirm compliance with the requirements listed below, unattended donation drop boxes shall be permitted accessory uses, subject to the following:

a.

There shall be no more than two donation drop boxes on any one zoning lot. For major shopping centers, there shall be no more than five donation drop boxes.

b.

The base of each donation drop box shall not exceed 16 square feet in area.

c.

The maximum height of each donation drop box shall be five feet.

d.

Donation drop boxes shall be located on a hard surface.

e.

Donation drop boxes shall not be located within any required parking space for the primary permitted or special uses on the property.

f.

Donation drop boxes shall not be located within any required front, rear or side yard setback.

g.

Donation drop boxes shall be located so as not to interfere with traffic flow or visibility.

h.

Donation drop boxes shall be maintained in good condition, free from graffiti, and emptied regularly so that donated items are not protruding from the donation drop box or stacked on the ground surrounding the donation drop box.

i.

All donation drop boxes shall have a sign stating the name of the organization for which the donation is being collected and a telephone number of the contact to report maintenance concerns.

j.

All applications for donation drop boxes shall include written authorization from the property owner upon which the donation drop box is to be located.

k.

All applications for donation drop boxes shall be accompanied by a non-refundable application fee of $250.00 per donation drop box.

l.

At the time of application for a permit for a donation drop box, the operator of the donation drop box shall provide a certificate of insurance indicating general liability coverage in the amount of $1,000,000.00 and listing the village and property owner as additionally insured.

m.

The village may withhold or deny issuance of a permit or revoke during the year for a donation drop box if there are any open citations, unpaid fines or unresolved violations or complaints related to any donation drop box managed by the applicant within the village's corporate limits or if the site has a history of being an attractive nuisance even if previous violations or complaints have been abated. For the purpose of this subsection, "history of attractive nuisance" means the donation drop box was the subject of three or more complaints or violations during the previous 12 months. Prior revocation of an applicant's donation drop permit may be considered by the village in evaluating an application under this chapter.

n.

Failure to meet any of the foregoing requirements of subsections (2)a.—l. shall constitute a violation of this chapter and the donation drop box permit shall be subject to revocation and the donation drop box subject to removal by the village. In the event of a violation, the village shall provide the applicant with written notice of the violation and the applicant shall have three business days to correct the violation and bring the donation drop box into full compliance with this section. Failure to bring the donation drop box into compliance shall result in a notice of revocation of the permit and removal of the donation drop box by the village.

In the event of revocation of the permit and removal of the donation drop box pursuant to this section, the village shall provide written notice of revocation and removal to the applicant, via regular mail, at the address listed in the application. The applicant shall have ten days from the date of the notice to retrieve the donation drop box and its contents from the village. If the donation drop box and its contents are not retrieved by the applicant, the donation drop box and all of its contents shall be disposed of by the village.

(5)

Dormitories;

(6)

Education buildings;

(7)

Freestanding solar energy systems when located in a side or rear yard, subject to the requirements of article XI of this chapter;

(8)

General retail and services such as, but not limited to, pharmacies, gift stores, eating and drinking establishments, barber shops, beauty shops, florists and book stores;

(9)

Gymnasiums;

(10)

Maintenance buildings;

(11)

Parking decks and garages;

(12)

Parking lots;

(13)

Training buildings;

and other functions servicing the visitors, employees and clients of the permitted or special uses.

(14)

Mobile food vehicles, subject to the requirements of chapter 22, article VII of this Code.

(e)

Site and structure requirements.

(1)

District size. The minimum size of the H hospital district shall be 60 acres.

(2)

Any tract of land or lot may contain one or more principal buildings, structures or uses, and any building, structure or use may be located on one or more lots or tracts of land.

(3)

Perimeter yard. All buildings shall be set back at least 50 feet from any boundary line of the H district. All parking areas shall be set back at least 20 feet from any boundary line or public roadway of the H district. Notwithstanding the foregoing, if the H district is adjacent to property zoned to the C-6 office and research park district or C-7 regional shopping district, all parking areas shall be set back at least 10 feet from any boundary line adjacent to the C-6 or C-7 district; and if the H district is adjacent to any residential district or agricultural property recommended for residential use in the village's comprehensive plan, all parking areas shall be set back at least 50 feet from any boundary line adjacent to an existing or future residential district.

(4)

Front yard. All buildings shall be set back at least 50 feet from any front lot line. All parking areas shall be set back at least 20 feet from any front lot line.

(5)

Side yard. Except when the side yard is the boundary line of the H district, all buildings less than 55 feet in height shall be set back at least 35 feet from the side lot line. Buildings greater than 55 feet in height shall be set back from the side lot line 35 feet plus one foot for each foot of building height over 55 feet, up to a maximum set back of 50 feet.

(6)

Rear yard. Except when the rear yard is the boundary line of the H district, all buildings shall be set back at least 35 feet from the rear lot line. Buildings greater than 55 feet in height shall be set back from the rear lot line 35 feet plus one foot for each foot of building height over 55 feet, up to a maximum set back of 50 feet.

(7)

Maximum height. There shall be no height limitations for medical service buildings or hospitals. The maximum height for medical office buildings shall be 135 feet, and for all other buildings, the maximum height shall be 85 feet.

(8)

Floor area ratio. The floor area ratio for the H hospital district shall be based upon the gross area of the entire district. There shall be no maximum square footage limitation in the H district, however, the floor area ratio for all buildings and structures in the H district shall not exceed 1.0.

(f)

Required conditions: The following requirements shall be applicable to all H hospital districts:

(1)

H districts shall consist of a single property that complies with all regulations contained herein, or multiple properties complying with the standards of this Division that possess one or more lot lines contiguous to one another.

(2)

All proposed development shall be comprised of high quality materials consistent with the composition of the existing structures found throughout the H district and shall enhance the character of the surrounding area through the implementation of innovative design methods reliant upon superior architectural principals.

(3)

All parking facilities located on properties in the H district shall be treated as common or shared parking facilities for all uses contained within each H district.

(g)

Special provisions.

(1)

Performance standards. All activities shall conform with the performance standards established for the I-1 limited industrial district in Division 5 of this article.

(2)

Lighting. All exposed sources of light shall be shielded to the extent practical wherever necessary to avoid casting direct light that will create a nuisance in a residential district.

(3)

Wireless communication facilities. Wireless communication facilities mounted on existing structures shall be subject to the following requirements:

a.

Maximum height. Except all wireless communication devices including, but not limited to antenna and satellite dishes used by and for medical purposes rather than solely for commercial purposes, no wireless communication antenna or equipment shall increase the height of the structure on which it is mounted by more than 20 percent or 20 feet, whichever is the lesser.

b.

Color. Wireless communication antenna and equipment shall be painted the same color as the surface to which it is mounted and shall not be visible to the casual observer.

c.

Accessory structures. To the greatest extent possible, accessory equipment shall be located inside the structure to which the antenna is mounted. Freestanding accessory structures shall comply with all site and structure requirements of section 106-192(e) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

d.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, and accessory buildings and equipment shall be removed within six months of notifying the FCC of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of the wireless communication facility. The bond shall be renewable every five years.

(4)

Freestanding wireless communication facilities shall be exempt from the site and structure requirements of section 106-192(e) and shall be subject to the following requirements:

a.

Special use permit. No special use permit for a freestanding wireless communication facility shall be granted unless the mayor and board of trustees find that the planned wireless communication equipment cannot be accommodated on an existing or approved tower or structure due to one or more of the following reasons:

1.

The planned wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

2.

The planned wireless communication equipment would cause interference impacting the usability of other existing or planned wireless infrastructure, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

3.

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

4.

Other unforeseen reasons make it infeasible to locate the planned wireless communication equipment upon an existing or approved tower or structure.

b.

Towers. All wireless communication towers shall be self-supporting monopoles. Guyed or lattice towers shall be prohibited. All towers shall be constructed with at least one release point so as to collapse within themselves.

1.

Front yard. All wireless communication towers shall be set back a minimum of 100 feet from the center line of the road. However, if located on a lot with an existing permitted or special use having a setback in excess of 100 feet, all towers shall have a front yard setback equal to or greater than the setback of the existing principle structure.

2.

Side yard. All wireless communication towers shall be set in a minimum of one foot from the side lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

3.

Rear yard. All wireless communication towers shall be set in a minimum of one foot from the rear lot line for every one foot in tower height, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser setback is appropriate.

4.

Fall zone. All wireless communication towers shall be setback a minimum of one foot from all other site improvements for every one foot in tower height, providing a clear fall zone, unless a certified structural engineer demonstrates to the satisfaction of the village engineer that a lesser fall zone is appropriate.

5.

Maximum height. No wireless communication tower shall exceed 150 feet in height. Towers exceeding 80 feet in height shall be structurally engineered to accommodate the placement of wireless communication antennas of at least two services or service providers. Towers exceeding 100 feet in height shall be structurally engineered to accommodate the antennas of at least three services or service providers.

6.

Color. Freestanding wireless communication towers and antenna shall be painted a neutral color to blend in with their surroundings.

7.

Accessory structures. Freestanding accessory structures shall comply with all site and structure requirements of section 106-192(e) and shall be compatible in terms of architecture and site characteristics with the surrounding neighborhood.

8.

Screening. When a freestanding wireless communication facility is adjacent to a residential district on a side or rear yard, continuous screening shall be provided in the form of fencing or landscaping along the common property line in accordance with current fence and landscaping restrictions.

9.

Co-location. A special use permit shall not be required for the placement of additional antennas or arrays on an existing freestanding wireless communication facility, so long as the height of the structure is not increased and any accessory structures comply with the site and structure requirements of section 106-192(e).

10.

Abandoned or unused facilities. Abandoned or unused facilities, antennas, accessory buildings and equipment, and access drives and parking areas shall be removed within six months of notifying the Federal Communications Commission (FCC) of the intent to cease operations at a site. To ensure compliance with this requirement, the wireless service provider shall provide a surety bond or security approved by the village board at the time a building permit is issued, in the amount of the estimate of a certified engineer of 125 percent of the cost of disassembly and removal of all improvements related to the operation of and access to the wireless communication facility. The bond shall be renewable every five years.

(h)

Modifications within Hospital Zoning District. Any changes to land or structures within the H hospital district shall be subject to the following provisions:

(1)

Use change. A change in use within the H district, whether a permitted or special use, which does not require any exterior changes, shall be subject to the following provisions:

a.

When a use change occurs within the H district to a use designated as a permitted use under Section 106-192 (a), such use change shall be submitted to the planning and development administrator. Said individual, after consulting with the village engineer, public works superintendent and building and zoning administrator, shall exercise his/her discretion in approving modifications to approved plans. In doing so, he/she may consult the minutes of the village board meetings where the site plans were discussed to ensure any requested modification, while permissible under this Division 6, does not conflict with any additional requirement specified by the village board during its review and approval of the site plan.

(Ord. No. 1935, § 2, 3-24-2008; Ord. No. 2064, § 11, 9-14-2009; Ord. No. 2092, § 9, 3-18-2010; Ord. No. 2109, §§ 35, 36, 5-24-2010; Ord. No. 2465, §§ 17, 18, 12-4-2014; Ord. No. 2647, § 10, 6-26-2017; Ord. No. 2728, § 15, 7-23-2018; Ord. No. 2872, §§ 18, 19, 5-18-2020)