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Northfield City Zoning Code

ARTICLE XIX

PERFORMANCE STANDARDS AND TEMPORARY USES

19-1 Purpose

The purpose of this Article is to protect the health, safety and welfare of the residents of the community and to protect and enhance the natural environment. This shall be accomplished by establishing minimum requirements pertaining to light, noise, accessory structures, screening and vibrations. Unless stated otherwise, the following performance standards apply to all zoning districts. These performance standards apply in addition to other standards and requirements stated elsewhere in this Code or other Village regulations. (Ord. 03-1155, 3-18-2003)

19-2 Lighting

  1. Standards.1. No direct or indirect illumination shall project more than 0.25 foot-candle onto a residential use or district, as measured horizontally at the lot line.
    1. No direct or indirect illumination shall project more than one foot- candle onto a nonresidential zoning lot, as measured horizontally at the lot line.
    2. No direct or indirect illumination shall project from its source onto any sidewalk, street or highway so as to cause a hazard or nuisance.
    3. The following maximum lighting level standards shall not be exceeded:
      Activity LevelExamplesLighting Levels (Foot-Candles)
      Parking/Pedestrian Areas
      Vehicle Travel Areas
      AverageMaximumAverageMaximum
      High
      Parking lots, gasoline service stations, recreation fields2.33.81.52.0
      Medium
      Any nonresidential uses located within or adjacent to a residential area0.82.00.51.5
      Low
      Residential0.51.00.251.0
      5. All lighting shall be arranged so as not to shine directly onto any adjoining property. Steps shall be taken to minimize glare from such lighting to the maximum extent practicable. This shall be accomplished by orienting the lights away from abutting properties, planting trees to block the glare and/or installing light shields.6. No light source shall be visible below the lowest point of any awning.7. Shielding is required on all outdoor lighting for nonresidential properties to prevent glare. In parking lots on a site that is adjacent to residential properties, lighting fixtures must be fully shielded with cut off type shielding. A fixture within one hundred feet (100') of any intersection shall be shielded so that the lighting from the fixture does not interfere in any manner with the visibility of traffic signals.8. Lighting which shines upward is prohibited except for low intensity lighting to accent landscaping or signage. All searchlights, exposed neon, lasers, flashing lights and other high intensity lights are prohibited.9.The total height of a light fixture shall not exceed ten feet (10') on any residential property and shall not exceed sixteen feet (16') on any nonresidential property.
  2. Exemptions.
    1. Fixtures installed prior to the effective date of this Appendix A, unless work is proposed to add to the number of fixtures or to replace more than fifty percent (50%) of the existing fixtures.
    2. Public rights-of-way.
    3. Holiday lighting, not to exceed a sixty (60) day period.
    4. Temporary emergency or hazard lighting.
  3. Procedure For Approval. All lighting plans for any nonresidential property are subject to the review and approval of the Architectural Commission as set forth in Chapter 4 of this Code.

(Ord. 03-1155, 3-18-2003)

HISTORY
Amended by Ord. 23-1826 on 12/5/2023

19-3 Noise Standards For All Zoning Districts

  1. Specific Violations. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this Section (but this enumeration shall not be deemed to be exclusive):
    1. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Village, except as a danger warning.
    2. The playing, using, operating or permitting to be played, used or operated of any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound for the purpose of commercial advertising and which is audible upon the public streets of the Village.
    3. The keeping of any animal shut up or tied up in any yard, enclosure, stable, house or other place within the Village which, by barking, howling, crying, singing causes frequent or long continued noise.
    4. The discharge into the open air within the Village of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises.
    5. The use within the Village of any automobile, truck, motorcycle or other vehicle, so defective or loaded in such manner or with material of such nature as to create loud or unnecessary grating, grinding, rattling or other noises.
    6. The loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers or the like, without exercising reasonable care to limit such noise and to confine the same.
    7. Any automotive or machinery repair conducted outdoors or any construction related activity other than between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on weekdays, nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on Saturdays and twelve o'clock (12:00) noon and five o'clock (5:00) P.M. on Sundays. Sunday hours must be observed on all national holidays. For purposes of this subsection "outdoors" shall mean any space that is not completely enclosed with all doors and windows shut. For purposes of this subsection "construction related activity" shall mean any use of percussion or power tools, excavation, demolition, and the moving of powered construction equipment and the loading or unloading of construction material or equipment. If work outside of these hours is necessary to protect health, safety or property, an owner may apply to the Village for an emergency work permit. Emergency work permits may be issued for the minimum time necessary to complete the emergency work up to a maximum of three (3) days. The permit may be renewed for periods of up to three (3) days while the emergency continues. The person actually committing the violation, the general contractor, the permittee, the property owner and the property occupier, shall be jointly and severally liable for any violations of this subsection.
    8. The creation within the Village of any excessive noise in the vicinity of any school, institution of learning, church, synagogue, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys occupants, provided conspicuous signs are displayed in the vicinity of any such building indicating that the same is a school, hospital, court, church or synagogue.
  2. General Standard. It shall be unlawful to create any sound or noise which because of its volume level, duration and character annoys, disturbs, injures or endangers the comfort, health, peace, repose or safety of reasonable persons of ordinary sensibilities within the Village.
    1. The following circumstances shall create a presumption of a violation of this subsection B: Any noise audible one hundred feet (100') from the lot line during the following times:
      1. Sunday from seven o'clock (7:00) P.M. to seven o'clock (7:00) A.M. Monday.
      2. Monday through Thursday from seven o'clock (7:00) P.M. to seven o'clock (7:00) A.M. the next day.
      3. Friday from eleven o'clock (11:00) P.M. to nine o'clock (9:00) A.M. Saturday.
      4. Saturday from eleven o'clock (11:00) P.M. to nine o'clock (9:00) A.M. Sunday.
      5. National holidays from eleven o'clock (11:00) P.M. through seven o'clock (7:00) A.M. if the next day is a week day and nine o'clock (9:00) A.M. if the next day is a Saturday or Sunday.
    2. The limits set forth in this subsection B shall not apply to the following: noises not under the control of the owner or occupant of the property; noises emanating from temporary construction or repair pursuant to appropriate permits; noise due to an emergency situation on the site; intermittent noise due to normal maintenance activities conducted in conformance with this Section and noises from Park District and school district athletic events; other Park District and school district sponsored events that do not include sound amplification and private events on Park District property that do not include sound amplification.
    3. The limits in this subsection B shall, likewise, not apply to noise from the following events which do include sound amplification:
      1. Park District sponsored special community and civic events during the following hours: Sunday from twelve o'clock (12:00) noon to seven o'clock (7:00) P.M.; Monday - Thursday from ten o'clock (10:00) A.M. to eight thirty o'clock (8:30) P.M. and Friday and Saturday from ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Exempt, sound amplified special community and civic events conducted by the Park District shall be limited to seventeen (17) per calendar year.
      2. Private sound amplified events held on Park District property shall be subject to the following conditions:
        1. The Park District has issued a permit for the event;
        2. The hours set forth in subsection B(3)(a) of this Section shall be applicable;
        3. The permittee must acknowledge that the determination of whether noise levels are reasonable shall be within the sole discretion of the Northfield Police Department;
        4. No more than ten (10) private events with sound amplification may be held within any calendar year.
    4. Relief from the restrictions set forth in this Subsection B of Section 19-3 may be granted only by the Village Board. Such relief may be granted only for specific special events and for a specific time frame. Any person seeking such relief shall file a petition with the Village Clerk not less than 45 days prior to the event for which the relief is sought. The person seeking relief shall provide notice of the application by mail to the owner or occupant of all properties located within two hundred fifty feet (250'), excluding rights of way, of the subject property. This notice shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the meeting at which the Village Board will consider the application. An affidavit certifying that the above notices have been sent must be tendered to the Department of Community Development not less than fifteen (15) days prior to the meeting. The fee for such a petition shall be as set forth in Section 19-3 of Appendix D. The Village Board may apply such conditions as it may deem appropriate to any relief granted pursuant to this paragraph. (Ord. 19-1738, 2-19-2019)
HISTORY
Amended by Ord. 19-1751 on 9/17/2019

19-4 Air Pollution

No person shall release into the air any fumes, gases, aerosols, dusts, mists or odors which are discernible at the property line. Emissions shall be deemed a nuisance when they are dangerous to the public health or when they are found to be annoying, distasteful or causing discomfort to the public. Additionally, when such air pollutants can be shown to contain toxic substances for which safe concentration standards have been determined by an authoritative source, the production of such emanations in excess of standards set for human safety is prohibited. (Ord. 03-1155, 3-18-2003)

19-5 Vibration

No vibration shall be detectable beyond the lot lines of the property from which such vibration originates. (Ord. 03-1155, 3-18-2003)

19-6 Home Occupation Standards

  1. Home Occupation Class I. Class I home occupations are permitted uses subject to the following conditions:
    1. No employees of the business work at the home other than members of the immediate family who reside on the premises.
    2. The occupation must be conducted wholly within the principal structure. No business activity or storage is permitted within a garage or other accessory structure.
    3. No more than twenty percent (20%) of the floor area of the principal structure may be devoted to the occupation.
    4. No alteration shall be permitted which changes the character of the structure as a dwelling.
    5. Group instruction shall be limited to no more than two (2) students at a time.
    6. No sign is installed or maintained other than one non-illuminated wall plate, not more than one square foot in area.
    7. No more than a total of five (5) business visits per week are allowed. This shall include clients, customers, individuals representing clients or customers, employees, couriers or any other business visitors.
    8. No mechanical equipment is used except that normally used for domestic or household purposes.
    9. No exterior storage of materials is permitted.
    10. Direct sales of goods not produced at the site are not permitted.
    11. The address of the home occupation may not be advertised to the public.
    12. Daycare homes may provide care for up to three (3) children who are not immediately related to the owner or occupant. All daycare homes shall comply with all requirements of the department of children and family services and/or other applicable regulatory agencies.
    13. There shall be no separate entrance for the home occupation.
    14. The Village shall have the right to inspect the premises at reasonable hours to ensure compliance.
  2. Home Occupations Class II. Class II home occupations require review and approval as special uses as set forth in Article XVI of this Appendix A and are subject to all of the conditions which govern class I home occupations, except as specifically stated in this Article. A Class II home occupation must conform to all standards of a Class I home occupation provided that up to two (2) people outside the family may be employed. The traffic volumes generated by the home occupation may not result in parking problems or increase of traffic congestion in the neighborhood. (Ord. 03-1155, 3-18-2003)

19-7 Horse And Pony Stables, Private

The following provisions shall govern private stables, which shall be permitted as an accessory use to a residential home located in R-1 and R-2 zoning districts:

  1. Stable Required. No horse or pony shall be kept on a lot unless a stable is provided in compliance with this Section.
  2. Minimum Lot Area. No horse or pony shall be kept and no private stable shall be located on a lot of less than eighty seven thousand one hundred twenty (87,120) square feet.
  3. Location On Lot. In no event shall any private stable be located in a required front yard or within thirty feet (30') of any lot line.
  4. Screening Required. All stables shall be adequately screened from the street and adjacent properties by a densely planted hedge or fence of not less than six feet (6') in height.
  5. Stall Size. A box stall shall not be less than one hundred (100) square feet. A standing stall shall not be less than fifty (50) square feet. Additionally, any enclosure designed for the purpose of sheltering horse or a pony shall be not less than two hundred (200) square feet in total area.
  6. Feeding. The feeding or watering of any horse or pony, other than grazing in an open pasture or in an enclosed stable, shall not be permitted within fifty feet (50') of any lot line.
  7. Paddocks Required. A paddock of not less than forty feet by twenty feet (40' x 20') in area into which the stable opens shall be provided. No paddock shall be located within seventy five feet (75') of a well or above a septic field. All paddocks shall be of such construction to prevent the animals from leaving the enclosure. A paddock may be enclosed with fencing, provided such fencing is not less than four feet (4') in height and contains not less than three (3) rails.
  8. Number Of Horses Or Ponies Permitted. The maximum number of horses or ponies permitted shall be determined in accordance with the following table:

    Acreage
    Square Footage
    Maximum Number Of Horses Or Ponies
    2 - 3 acres
    87,120 - 130,679
    2
    3 - 4 acres
    130,680 - 174,239
    3
    4 - 5 acres
    174,240 - 217,799
    4
    5 - 6 acres
    217,800 - 261,359
    5
    6 or more acres
    261,360 or more
    6
  9. No Commercial Or Agricultural Use. No private stable, or horses or ponies sheltered in the stable, or any paddock, shall be used for commercial or agricultural purposes.
  10. Sanitation. A horse or pony shall be adequately sheltered and proper sanitation shall be maintained at all times. All grain used for feeding shall be stored in metal or other rodent-proof receptacles. (Ord. 03-1155, 3-18-2003)

19-8 Seasonal And Temporary Uses

  1. Approval. Temporary uses may be allowed in any zoning district. Such uses shall be subject to the restrictions and standards established in this Appendix A, and shall meet the bulk regulations and parking requirements established in this Article. All temporary and seasonal uses are subject to approval as set forth in this Section. No temporary use shall continue for such a length of time that it constitutes a permanent use. Any temporary use lasting for more than thirty (30) days shall be deemed prima facie a permanent use. Recurring temporary uses where the same temporary use or structure is established on the property on an annual or other periodic basis shall be treated as a special use and shall be subject to the regulations established in Article XVI of this Appendix A. Conditions for approval of any temporary use may include special traffic provisions and/or other measures deemed appropriate to protect public safety.
  2. Compliance With Building, Electrical And Fire Prevention Codes. Notwithstanding any other provisions of this Appendix A, any tent, trailer, building or structure and intended or used for human occupancy, however briefly, shall comply with the applicable building, electrical and fire prevention codes of the Village and shall not be used or occupied until a temporary use permit has been issued.
  3. Temporary Uses And Structures Subject To Approval By The Building Commissioner. The following temporary uses and structures meeting requirements of this Appendix A, are permitted in any zoning district upon receipt of a temporary use permit:
    1. Construction trailers, equipment storage sheds and portable lavatories, provided that:
      1. The trailer, shed or portable lavatory is an integral part of construction of an active, properly permitted building project; and
      2. The trailer, shed or portable lavatory is located on the same parcel as the building development; and
      3. The trailer, shed or portable lavatory remains on the property only during the time of active construction; and
      4. The trailer, shed or portable lavatory is located no closer than ten feet (10') to any property line or sidewalk.
    2. Portable lavatory for public uses, provided that:
      1. The portable lavatory is for public use incidental to a specific event; and
      2. The portable lavatory is located on the same lot as the public use; and
      3. For events having a duration of forty eight (48) hours or less, the portable lavatory is located no closer than twenty five feet (25') to any property line located within or adjacent to a residential district.
      4. For events having a duration in excess of forty eight (48) hours, the portable lavatory must be located no closer than one hundred feet (100') to any other property line located within or adjacent to a residential district.
      5. In no case shall the portable lavatory remain on the property longer than ninety (90) days and no longer than forty eight (48) hours after the event is over.
      6. Upon request of the Northfield Park District or the Winnetka Park District or a local school district, the Village shall have the authority to permit portable lavatories to be placed in the parks or school athletic fields from April 1 to October 31 of each year. The Village may require such screening as may be reasonably necessary to minimize the visual impact of the portable lavatories. The number of such lavatories shall be determined by the Village after consultation with park district or school officials. The location of such lavatories shall be consistent with the restrictions on locations as set forth in subsection C(2)(d) of this Section.
    3. Garage, estate and demolition sales in accordance with Chapter 11 of this Code. (Ord. 03-1155, 3-18-2003)
    4. Temporary portable storage containers provided that:
      1. Only one container shall be permitted on a zoning lot; and
      2. A container may not remain on any property for more than fifteen (15) days; and
      3. A container may not exceed sixteen feet (16') in length, eight feet (8') in width, and eight feet (8') in height; and
      4. The container is placed on a paved surface; and
      5. A container may not be located closer than five feet (5') from any property line or street, as defined in this Article. (Ord. 10-1458, 6-15-2010)
  4. Temporary Uses And Structures Subject To Approval By The Village Manager. The following temporary uses and structures are permitted only upon approval by the Village manager based upon the standards set forth below:
    1. Carnivals, provided that:
      1. Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property;
      2. Trailers and other equipment do not block a public street, alley or sidewalk; and
      3. The operation, including parking, will be located entirely within the private or public property designated for the event.
    2. Produce and farmers' markets.
    3. Retail sales associated with a wholesale or warehouse establishment, provided that such sales are:
      1. Not to be held more than twice in a twelve (12) month period; and
      2. Associated with the warehoused, manufactured, or wholesale products and incidental to the main use; and
      3. Application for a warehouse sale shall be made not less than thirty (30) days prior to the date of the sale to the Village Manager; and
      4. The Village Manager may make reasonable regulations for such sales in order to protect the public safety and the orderly flow of traffic.
    4. Showcase display homes in accordance with Chapter 11 of this Code.
    5. Christmas tree sales lots, provided that:
      1. The use is located on a lot that fronts on a collector or arterial street;
      2. The use is located on a vacant lot or parking area;
      3. The trees are located at least fifty feet (50') from any structure on another lot;
      4. All trees shall be removed from the premises no later than December 31 of the same year;
      5. A refundable cash deposit, in the amount of two hundred fifty dollars ($250.00) is posted with the Village in order to assure that the site is properly cleaned after the sale is completed; and
      6. The use is located in a commercial district or a site developed as nonresidential in a residential zoning district.
    6. Art, craft and book sales.
    7. Sidewalk sales.
    8. Other temporary events not exceeding ten (10) days in duration and/or occurring more than two (2) times per year.
  5. Temporary Uses And Structures Subject To Approval By The Village Board. The following temporary uses and structures are permitted only upon approval by the Village Board based upon the standards set forth below:
    1. Uses or activities in relation to which a person has filed a petition under this Appendix A for an exemption, based on the free exercise of religion, from any Appendix A regulation or any Village policy or practice.

      The Village Board may issue a temporary use permit if it makes a preliminary finding, based on the information contained in the person's exemption petition and the written recommendation of the Village Attorney that the issuance of a temporary use permit is necessary to avoid or resolve any potential violation of the religious based rights afforded to any person under federal or state law which would otherwise be caused by the enforcement of such Village regulation, policy or practice. However, no temporary use permit shall be granted if the Village Board determine with respect to the regulation, policy or practice in question:
      1. The regulation, policy or practice constitutes or furthers a compelling governmental interest in need of protection; and
      2. The regulation, policy or practice is the least restrictive alternative for achieving the compelling governmental interest.
      The temporary use permit shall be limited to the land use or activity that is the subject of the exemption petition and shall expire at the time the board issues its final decision in relation to the exemption petition.
    2. Any other temporary use or structure not specified in this Article. (Ord. 03-1155, 3-18-2003)

19-9 Fitness Class Studio Standards

  1. The classes must be conducted in an enclosed building or tenant space.
  2. The space must not exceed three thousand (3,000) square feet in floor area.
  3. The class instruction may include fitness workouts, dance, yoga, martial arts or similar activities.
  4. Attendance must be for specifically scheduled classes supervised by an employee of the studio who has specialized training in the class being conducted.
  5. The aggregate total floor area occupied by fitness class studios may not exceed twenty percent (20%) of the total floor area of a building located in the Village Center zoning district.
  6. If the studio provides childcare or babysitting services, that service shall be limited to the children in the care of those attending a class. A child may not be left in the care of the studio unless the adult bringing the child is on the premises attending a studio class. (Ord. 13-1546, 3-19-2013)
HISTORY
Amended by Ord. 23-1826 on 12/5/2023

19-10 Short Term Dwelling Rentals

Short term dwelling rentals are prohibited in all zoning districts. (Ord. 19-1737, 1-15-2019)

19-11 Community Mental Health Campus

1. Must be in the Office/Research District north of Willow Road. 2. Hours of operation shall be limited to 7:00 a.m. to 9:30 p.m., or as may otherwise be approved by the Village Board. 3. Whether the facilities and services, as set forth in the definition of Community Mental Health Campus, are operated by the same entity shall be subject to the reasonable discretion of the Village Board. (Ord #23-1835)

23-1826

19-1751