A.   Permitted Uses: No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.

   B.   Building Height: No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

   C.   Area: No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformance with the area regulations of the district in which the building is located.

   A.   Number Of Buildings On A Lot: Every building hereafter erected or structurally altered shall be located on a "lot" as herein defined, and in no case shall there be more than one main building on one lot unless otherwise specified and provided in this title.

   B.   Yards And Open Spaces:

      1.   Minimum Requirements: The minimum yards and open spaces, including lot area per family, required by this title for each and every building existing at the effective date hereof or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

      2.   Front Yards: The front yard requirements on both streets of a corner lot shall be observed for all buildings and structures including accessory buildings. Where a building or structure is located on a lot which would be a corner lot except that a permanent street pavement has been replaced by a green strip, all front yard requirements shall be observed as though the building or structure were on a corner lot.

   C.   Vision Obstructions: On any corner lot where a front or side yard is required or provided, no building, fence, hedge or other sight obstruction shall be placed so as to interfere with clear vision from one street to the other across the corner 1 .

   D.   Section Line Streets: On all section line streets, the street line for the purpose of determining building setback lines is hereby established to be lines parallel to and fifty feet (50') from the center of such section line street, and the building setback line shall be measured from the street line thus defined. On all half section line streets, the street line for the purpose of determining building setback lines is hereby established to be lines parallel to and forty feet (40') from the center of such half section line street, and the building setback line shall be measured from the street line thus defined.

   A.   Permitted Uses: All activities permitted in a given district shall be conducted within a building or buildings erected according to the provisions of this title and the building codes and other applicable ordinances of the village. The use of any temporary structure or mobile unit is subject to prior approval by the board of trustees, which shall set a time limit on such use. Activities not conducted within a building are regulated by this title within the categories where permitted.

   B.   Unlisted Uses: Where a use is permitted in a zoning district in which it is not specifically listed or regulated by this title, the regulations of the zoning district in which it is permitted to be located shall apply. In addition, the appropriate board may set other requirements.

   C.   Nonconforming Uses: Any use which is, by its location, a nonconforming use within that district shall be governed by the applicable rules of both the zoning district in which it falls, as well as regulations of the district in which it should be. In the case of conflict of regulations, the more stringent regulations shall apply.

   D.   Miscellaneous Use Provisions:

      1.   Basements: No basement in any dwelling shall be used for, nor shall it contain any quarters for, sleeping or cooking, unless used by the family living above.

      2.   Half Stories: No half story shall contain cooking facilities, and any space therein may be used only by the family living on the floor immediately below.

Accessory buildings, as otherwise permitted in this title, shall comply with the following regulations:

   A.   Attached Accessory Buildings: Where an accessory building is structurally attached to the principal building, it shall be subject to and must conform to all regulations of this title applicable to the principal building.

   B.   Detached Accessory Buildings, Location: No detached accessory building shall be located closer than three feet (3') to any principal building; provided, that any accessory building located within ten feet (10') of any principal building shall be of one hour fire rated construction for at least ten feet (10') in all directions of the principal building.

   C.   Construction Regulations: No accessory building may be erected prior to the establishment or construction of the principal use of the building; except, that a temporary building used in conjunction with the construction work only may be permitted during the period that the principal building is being constructed; provided further, that such temporary building shall be removed upon completion of the construction work.

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.

   D.   Yards: Side yards for private garages and accessory buildings shall be three feet (3') or more, except when the building is on or extending on the front one-half (1/2) of the lot, in which case the side yard shall be the same as required for the main building, and in no case shall an accessory building be closer to the street than fifteen feet (15') nor closer to the rear lot line than five feet (5'); and provided further, that in R-1 and R-2 residence districts no accessory building shall be located within ten feet (10') of its rear or side lot line where either such line forms part of the front one-half (1/2) of the side lot line of an adjacent lot. No accessory building shall be located on any easement area. See subsection 4-13-3-2H2 of this title for exceptions permitted in residence districts.

   E.   Residential Use Prohibited: No accessory building shall be used for residential purposes unless otherwise provided in this title.

   F.   Garages: No garage shall be constructed to exceed eight hundred forty (840) square feet in area nor shall any side of the garage exceed thirty five feet (35') in length. Further, no door opening shall exceed eight feet (8') in height nor shall the overall height of the garage exceed sixteen feet (16') over grade at the front of the garage. No more than one garage of not more than three (3) cars' capacity shall be constructed on any one R-1 district zoning lot.

Temporary buildings and/or construction trailers that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work. All such temporary buildings must be placed wholly on the property where construction is taking place.

Where a building is abandoned for any reason, the owner shall, within ninety (90) days, or if the public safety is involved, upon notice by the Village, render the building and/or grounds harmless to the general public. This shall include, but not be limited to, boarding up of all doors and windows, removal of pumps, filling of underground tanks, blocking off of driveways and all parking lots and/or areas, removal of all advertising signs and materials, removal of all outdoor equipment, trucks, trailers or other vehicles. The owner shall also keep the weeds cut and shall either satisfactorily maintain the building or have it removed at his expense.

Transportation shelters may only be erected with the prior specific approval of the Zoning and Planning Commission and the President and Board of Trustees. Public hearings for variations of zoning are not required for the placement of the transportation shelters on public rights of way or on privately owned property; provided, that prior approval was given by the respective boards or commissions. All transportation shelters and the advertising thereon shall be covered by the clauses and provisions of a specific contract which shall be executed by the transportation shelter corporation, firm, person or association, and the President and Board of Trustees.

All required structures such as retention/detention basins, flood reservoirs or other similar engineered structures shall be wholly upon the property to be served. Where such structures will serve land under more than one owner or land in more than one zoning district, a proportionate amount of the area of the structure shall be upon the site served. The Zoning and Planning Commission shall determine the acceptability of the location of the engineered structure when unique land configurations are involved.

   A.   Purpose: The landscaping and screening requirements specified herein are intended to foster aesthetically pleasing development which will protect and preserve the appearance, character, health, safety, and welfare of the community. Specifically, these regulations are intended to increase the compatibility of adjacent uses, and, in doing so, minimize the harmful impact of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted or created by an adjoining or nearby use.

   B.   Scope And Application:

      1.   Scope Of Regulations: Landscaping, in accordance with the provisions of this Section, will be required for all new construction and development activities and for all redevelopments which are determined to exceed fifty percent (50%) of the estimated market value of a structure or structures located upon an improved parcel or lot.

         Except as required by subsection M of this Section, all single-family residential developments and redevelopments shall be exempted from the regulations set forth in this Section.

      2.   Landscape Plan Required: A landscape plan shall be required for all new construction, development, and redevelopment activities identified in the scope of regulations. Such landscape plan shall conform with the requirements specified in this Section. Landscape plans must be approved by the Director of Quality Control prior to the issuance of a building permit for exterior construction and development.

      3.   Content Of Landscape Plan: All landscape plans submitted for approval shall contain, or have attached thereto, the following information:

         a.   The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights of way, sidewalks, bicycle paths, signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the Director of Quality Control. Said plan shall be drawn to a scale which is coordinated with and identical to the scale used for site and engineering plans.

         b.   The location, quantity, size and name, both botanical and common names, of all proposed planting materials.

         c.   The location of existing buildings, structures and plant materials on adjacent property within one hundred feet (100') of the site.

         d.   Existing and proposed grading of the site, including proposed berming, indicating contours, at one foot (1') intervals.

         e.   Specification of the type and boundaries of all proposed ground cover.

         f.   The location, quantity, size and name, both botanical and common names, of all existing planting materials to be preserved, along with specific plans and procedures to protect and maintain said planting materials.

         g.   Elevations of all fences proposed for location on the site.

         h.   Elevations, cross sections and other details as determined necessary by the Director of Quality Control.

         i.   Plans for landscaping shall be prepared by a professional landscape architect or landscape designer.

      4.   Landscape Plan Review And Approval: A landscape plan shall be submitted by the developer for review and approval by the Director of Quality Control. In the event that such plan review is deemed to be unusually large, unique, or complicated, the Director may send them to an independent, third-party agency for plan review. The cost of such review shall be borne by the developer or applicant and is in addition to such other fees charged by the Village.

   C.   Selection, Installation And Maintenance Of Plant Materials:

      1.   Section: Planting materials used in conformance with the provisions of this Section shall be of good quality, of a species normally grown in northeastern Illinois, and capable of withstanding the extremes of individual site microclimates. Size and density of plant material, both at the time of planting and at maturity, are additional criteria which must be considered when selecting plant materials. Shrubs, in particular, shall be properly placed in accordance with approved plans.

      2.   Installation: All landscaping materials shall be installed in accordance with the current planting procedures established by the American Association of Nurserymen.

      3.   Maintenance:

         a.   Responsibility: The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscaping materials and barriers, including refuse disposal areas, as may be required by the provisions of this Section.

         b.   Landscaping Materials: All landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and plant material not in this condition shall be replaced, when necessary, and shall be kept free of refuse and debris.

         c.   Fences and Walls: Fences, walls, and other barriers shall be maintained in good repair.

   D.   Design Criteria: Landscape plans described above shall be prepared based on the following design criteria. The evaluation and approval shall also be based on these design criteria.

      1.   Scale and Nature of Landscaping Material: The scale and nature of landscaping materials should be appropriate to the size of the building and the lot. Large scaled buildings, for example, should generally be complemented by larger scaled plants. The plants' diameters, as shown on the landscape plans, preferably should reflect the plants' anticipated spreads that will be reached at maturity.

      2.   Selection of Plant Material: Plant material should be selected for its form, texture, color, and concern for its ultimate growth. The use of silver maples, box elders, russian olives, lombard poplars, and other weak wooded species shall not be permitted (see full listing of restricted and recommended species contained herein). Plants which are potentially messy or harmful should not be used in high traffic areas such as sidewalks, building entrances, parking lots or playgrounds.

      3.   Evergreens: Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas where screening parking lots from dedicated public rights of way or property zoned for residential use is required. However, evergreens should not be used in areas where salt tolerance is expected.

      4.   Shade Trees: All shade trees shall have a minimum trunk size of two and one-half inches (21/2") in diameter upon installation, as measured eighteen inches (18") above the established ground level.

      5.   Softening of Walls and Fences: Plant material should be placed intermittently against long expanses of building walls, fences, and other barriers to soften the appearance of the structure.

      6.   Planting Beds: Planting beds should be mulched with bark chips, shredded hardwood, feather rocks, river gravel or similar materials to reduce maintenance and weed growth. Organic mulching is highly recommended.

      7.   Detention/Retention Basins and Ponds: Detention/retention basins and ponds shall be designed and landscaped as aesthetic amenities. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials. Flood tolerant plant species are recommended where it is expected that planting materials will be inundated with seasonal flood waters.

      8.   Watering Plant Material: A permanent means of watering plant material should be provided. Installation of an automatic underground sprinkling system is recommended.

      9.   Energy Conservation:

         a.   Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun.

         b.   Evergreens and other plant materials should be concentrated on the north and northwest sides of buildings to dissipate the effect of winter winds.

      10.   Preservation of Existing Plant Material: Existing plant material should, wherever practical as determined by the Director of Quality Control, be preserved and incorporated into the landscape treatment of a site.

      11.   Berming: Earthen berms and existing topography should be, whenever determined practical by the Director of Quality Control, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening.

   E.   Right of Way Landscaping:

      1.   Applicability: Where a parcel abuts a dedicated public right of way, landscaping shall be provided in accordance with the provisions of this Section.

      2.   Graded and Sodded: The unpaved portion of a public right of way shall be fine graded and sodded, except for public sidewalks and driveway aprons.

      3.   Parkway Trees:

         a.   Quantity: Parkway trees shall be provided at the equivalent of no more than forty feet (40') apart in the street right of way adjacent to the parcel.

         b.   Spacing: Such trees may be clustered or spaced linearly in the street right of way so as not to cause a sight restriction and as determined appropriate by the Director of Quality Control.

         c.   Size: Parkway trees shall have a minimum trunk size of two and one-half inches (21/2") in diameter, as measured eighteen inches (18") above the established ground level at the tree location.

         d.   Species: Parkway trees shall be limited to the following species. However, a variety of compatible species from this list should be included in the planting plan for a specific site or development:

            (1)   Little leaf linden (Tilia cordata)

            (2)   Maple, excluding silver maple and other similar softwood species (Acer saccarum, Acer rubrum, Acer plantanoldes)

            (3)   Hackberry (Celtis occidentalus)

            (4)   Ginkgo, male (Ginko biloba)

            (5)   Oak (Quercus macrocarpa, Quercus rubra)

            (6)   Bradford pear (Pyrus calleryana "Bradford")

            (7)   Kentucky coffee tree, male (Gymnocladus diolcus)

            (8)   Zelkova (Zelkova serrata)

            (9)   Elm, disease resistant

         e.   Landscape material not recommended, due to over-planting in recent years:

            (1)   Ash

            (2)   Honey locust

            (3)   Pin oak

         f.   Landscape material strictly prohibited:

            (1)   Box elder

            (2)   Ailanthus (Tree of Heaven)

            (3)   Any species of hawthorn

            (4)   Soft (silver) maple

            (5)   Any variety of poplar

            (6)   Any species of evergreen conifer

            (7)   Willow

            (8)   Elm (not disease resistant)

            (9)   Catalpa

   F.   Parking Lot Landscaping:

      1.   Applicability: All parking lots (designed for 15 or more parking spaces, as specified in Title 4, Chapter 13), shall provide landscaping in accordance with the provisions of this Section.

      2.   Interior Landscaping:

         a.   Area Required: Not less than five percent (5%) of the interior of a parking lot shall be devoted to landscaping. Landscaping areas located along the perimeter of a parking lot as required in subsection F3 of this Section shall not be included toward satisfying this requirement. Moreover, foundation landscaping areas as specified in subsection H of this Section shall not be included toward satisfying the interior parking lot landscaping requirements.

         b.   Landscaped Areas: The "landscaped areas" defined in subsection F2a, above, shall be delineated and improved in conformance with the following:

            (1)   Interior parking lot landscaping areas (planting islands) shall be dispersed throughout the parking lot in a design and configuration satisfactory to the Director of Quality Control.

            (2)   Interior parking lot landscaping areas shall be a minimum of one hundred twenty (120) square feet in area and shall be a minimum of seven feet (7') in width, as measured from back of curb to back of curb.

            (3)   Landscape Material: The plant material used to improve the "landscape areas" defined above shall conform to the following:

               A.    Type: The primary plant materials used in parking lots shall be shade tree species in conformance with subsection E3d, above. Ornamental trees, shrubbery, hedges, and other plant materials may be used to supplement the shade tree plantings, but shall not be the sole contribution to such landscaping.

               B.    Quantity: One shade tree shall be provided for every one hundred twenty (120) square feet of landscaping area.

               C.    Ground Cover: A minimum of fifty percent (50%) of every interior parking lot landscaping area shall be improved with approved ground cover, as determined appropriate by the Director of Quality Control.

      3.   Perimeter Parking Lot Landscaping: Where a parking lot is located within a required yard, or within twenty feet (20') of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot in conformance with the following provisions.

         a.   Landscape Area: Where perimeter landscaping is required, it shall be provided within landscape areas five feet (5') in width, as measured from the back of curb and excluding any parking space overhang area.

         b.   Requirements Along Front and Corner Side Yards:

            (1)   Across from Residential Property: Where a parking lot is located across a dedicated public right of way from property zoned for residential use, the following landscape improvements shall be required.

               A.    Plant Material: Continuous landscaping of evergreen or dense deciduous shrubs shall be provided across one hundred percent (100%) of the street frontage to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). In addition, shade or ornamental trees shall be provided within this landscape area, with the number of trees not less than one tree per fifty feet (50') of frontage with the number of trees required, rounded to the nearest whole number. However, where parkway trees are required as provided for in subsection E3, above, such parkway trees may be counted toward compliance with perimeter landscape requirements.

Additional plantings may be provided, subject to the approval of the Director of Quality Control. All landscaping described above shall conform to Section 9-2-2.

               B.    Ground Cover: Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be planted with ground cover as determined appropriate by the Director of Quality Control.

            (2)   Across from Nonresidential Property: Where a parking lot is located across a dedicated public right of way from property zoned for nonresidential use, the following landscape improvements shall be required.

               A.    Plant Material: Landscaping of evergreen or dense deciduous shrubs shall be provided across fifty percent (50%) of the street frontage to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). Additional plantings may be provided, subject to the approval of the Director of Quality Control. All landscaping described above shall conform to Section 9-2-2 of this Code.

               B.    Ground Cover: Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be planted with ground cover as determined appropriate by the Director of Quality Control.

         c.   Requirements Along Rear and Interior Side Yards: Where the provisions of subsection G, below, do not apply, landscaping shall be provided in conformance with the following requirements.

            (1)   Plant Material: Where a parking lot abuts property zoned for nonresidential use, landscaping shall be provided across fifty percent (50%) of that portion of the parking lot abutting the property line to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). Such plantings shall be concentrated into shrub masses, typically containing seven (7) to nine (9) shrubs per shrub mass. Additional plantings may be provided, subject to the approval of the Director of Quality Control.

            (2)   Ground Cover: Except where occupied by planting beds, all side and rear yard perimeter parking lot landscaping shall be planted with ground cover, as determined appropriate by the Director of Quality Control.

   G.   Transitional Yard Landscaping: Where transitional landscape yards are required in the district regulations of each district, such landscape yards shall be improved in conformance with the following requirements which shall be provided in addition to other required landscaping.

      1.   Size of Transitional Landscape Yards: The size of transitional landscape yards in the districts identified below shall be as follows:

         a.   C-3 Districts: Where a lot in the C-3 District abuts a lot in the R1, R2 or R3 District, a transitional landscape yard thirty feet (30') in width shall be provided along such lot line.

         b.   C-1 and C-2 Districts: Where a lot in the C-1 or C-2 District abuts a lot in a residence district, a transitional landscape yard ten feet (10') in width shall be provided along such lot line.

         c.   O Districts: Where a lot in the O District abuts a lot in a residence district, a transitional landscape yard thirty feet (30') in width shall be provided along such lot line.

         d.   M-1 Districts: Where a lot in the M-1 District abuts a lot in a residence district, a transitional landscape yard thirty feet (30') in width shall be provided along such lot line.

         e.   PK Districts: Where a lot in the PK District abuts a lot in a residence district, a transitional landscape yard ten feet (10') in width shall be provided along such lot line.

      2.   Transitional Landscape Yard Improvements: Within the "transitional landscape yards" defined above, required planting and fencing shall be required in conformance with the following provisions.

         a.   C-3 Districts: Within required transitional landscape yards, the following improvements shall be required:

            (1)   Shade trees shall be required in conformance with subsection E3d, above, with one tree every forty feet (40') along the entire length of the landscape yard. Shade trees may be clustered subject to the approval of the Director of Quality Control.

            (2)   Shrub masses, at least two (2) rows deep and with shrubs alternately spaced, shall be provided along seventy five percent (75%) of the length of the landscape yard. Shrubs shall be installed at a height of three feet (3') and shall reach a mature height of not less than six feet (6'). Shrub masses may be curvilinear in shape.

            (3)   Areas not planted with trees or shrubs shall be maintained as lawn.

         b.   C-1 and C-2 Districts: Within required transitional landscape yards, the following improvements shall be required.

            (1)   A solid masonry fence constructed of the same face brick material used for the principal building, the design of which shall be subject to the approval of the Director of Quality Control, shall be provided along the entire length of the landscape yard. Such fence shall be six feet (6') in height and shall be located not less than eight feet (8') from the lot line and shall conform to subsection 4-13-3-2E.

            (2)   A continuous evergreen or dense deciduous shrub hedge extending the entire length of the landscape yard shall be planted a minimum of two and one-half feet (21/2') on center from the fence described above. The shrub hedge shall be installed at height of three feet (3') and shall be planted on the outside of the fence. The spacing of shrubs shall be five feet (5') on center, or as approved by the Director of Quality Control.

            (3)   Shade trees shall be required in conformance with subsection E3d, above, with one tree every forty feet (40') along the entire length of the landscape yard. Shade trees shall be located five feet (5') on center to the outside of the fence described above. Shade trees may be clustered subject to the approval of the Director of Quality Control.

            (4)   The area between the shrub hedge and the lot line shall be either sodded and maintained as lawn or provided with ground cover or mulch.

            (5)   Planted areas shall be maintained in mulch and kept free of weeds.

         c.   O Districts: Within required transitional landscape yards, the following improvements shall be required:

            (1)   All service areas shall be screened by a solid masonry fence constructed of the same face brick material used for the principal building, the design of which shall be subject to the approval of the Director of Quality Control. Such fence shall be six feet (6') in height and shall be located on the inside edge of the landscape area.

            (2)   Shade trees shall be required in conformance with subsection E3d, above, with one tree every forty feet (40') along the entire length of the landscape yard. Shade trees may be clustered subject to the approval of the Director of Quality Control.

            (3)   Shrub masses, at least two (2) rows deep and with shrubs alternately spaced, shall be provided along seventy five percent (75%) of the length of the landscape yard. Shrubs shall be installed at a height of three feet (3') and shall reach a mature height of not less than six feet (6'). Shrub masses may be curvilinear in shape.

            (4)   Areas not planted with trees or shrubs shall be maintained as lawn or ground cover.

         d.   M-1 Districts: Within required transitional landscape yards, the following improvements shall be required.

            (1)   A solid masonry fence constructed of the same face brick material used for the principal building, the design of which shall be subject to the approval of the Director of Quality Control, shall be provided along the entire length of the landscape yard. Such fence shall be six feet (6') in height and shall be located along the inside edge of the landscape area.

            (2)   Shade trees shall be required in conformance with subsection E3d, above, with one tree every forty feet (40') along the entire length of the landscape yard. Shade trees may be clustered subject to the approval of the Director of Quality Control.

            (3)   Shrub masses, at least two (2) rows deep and with shrubs alternately spaced, shall be provided along seventy five percent (75%) of the length of the landscape yard. Shrubs shall be installed at a height of three feet (3') and shall reach a mature height of not less than six feet (6'). Shrub masses may be curvilinear in shape.

            (4)   Areas not planted with trees or shrubs shall be maintained as lawn or ground cover.

         e.   PK Districts: Within required transitional landscape yards, the following improvements shall be required:

            (1)   A solid masonry fence constructed of the same face brick material used for the principal building, the design of which shall be subject to the approval of the Director of Quality Control, shall be provided along the entire length of the landscape yard. Such fence shall be six feet (6') in height and shall be located not less than eight feet (8') from the lot line and shall conform to subsection 4-13-3-2E.

            (2)   A continuous evergreen or dense deciduous shrub hedge extending the entire length of the landscape yard shall be planted a minimum of two and one-half feet (21/2') on center from the fence described above. The shrub hedge shall be installed at a height of three feet (3') and shall be planted on the outside of the fence. The spacing of shrubs shall be five feet (5') on center, or as approved by the Director of Quality Control.

            (3)   Shade trees shall be required in conformance with subsection E3d, above, with one tree every forty feet (40') along the entire length of the landscape yard. Shade trees shall be located five feet (5') on center to the outside of the fence described above. Shade trees may be clustered subject to the approval of the Director of Quality Control.

            (4)   The area between the shrub hedge and the lot line shall be either sodded and maintained as lawn or provided with ground cover or mulch.

            (5)   Planted areas shall be maintained in mulch and kept free of weeds.

   H.   Foundation Landscaping: Landscaping shall be required at the base of all principal buildings to help achieve harmony between the buildings and the landscape in conformance with the requirements set forth below:

      1.   Required Landscape Area: Unless otherwise authorized by the Director of Quality Control, a landscaped area a minimum of ten feet (10') in width shall be located around the perimeter of all buildings. Retail commercial buildings may, at the discretion of the Director of Quality Control, be exempted from this requirement if such landscape area would interfere with access to the buildings from the parking lot. Where such exemptions are made, landscaping equivalent in area and plantings to required foundation landscaping area shall be added to other required landscaping as described in this Section.

      2.   Coverage: Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other access paving is required.

      3.   Plant Material: Foundation landscaping shall be provided for all principal buildings. Such landscaping shall consist of shade or ornamental trees, evergreens, shrubbery, hedges, and/or other herbaceous plant material. Particular attention shall be paid toward screening mechanical equipment, bicycle parking areas and loading docks, softening large expanses of building walls; and accenting building entrances and architectural features.

      4.   Ground Cover: Except where occupied by planting beds, all foundation landscaping areas shall be sodded (if substantial enough for mowing) or planted with another comparable ground cover, or landscape stone, as determined appropriate by the Director of Quality Control.

   I.   Perimeter Lot Landscaping: To help enhance the attractiveness of individual properties within the Village and provide physical and visual separation between individual properties, landscaping along the periphery of each lot shall be required.

      1.   Applicability: All lots, except those in the C-1, C-2, R-2, R-3 and planned R-2/R-3 Districts, shall provide perimeter landscaping in accordance with the provisions of this subsection. Also, the requirements of this Section shall not apply where the provisions of subsection F or G of this Section are applicable.

      2.   Required Landscape Improvements: Landscaping shall be required around the perimeter of a lot, shall be located within a landscape yard not less than five feet (5') in width and shall be in conformance with the following:

         a.   Shade Trees: Shade trees, conforming to the provisions of subsection E3d of this Section, shall be provided along the abutting property line. The number of trees required shall be equivalent to one tree for every seventy five feet (75') of lot line length. Such trees may be clustered or spaced linearly as determined appropriate by the Director of Quality Control.

         b.   Other Plant Material: Other landscaping materials including berms, ornamental trees, evergreens, shrubbery, hedges, and/or other herbaceous planting material, as determined necessary by the Director of Quality Control, shall be provided at appropriate locations along the abutting property line.

         c.   Ground Cover: Except where occupied by planting beds, all perimeter landscape areas shall be sodded (if substantial enough for mowing) or planted with another comparable ground cover, as determined appropriate by the Director of Quality Control.

   J.   Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened on all sides by a solid masonry fence or an equivalent material, approved by the Director of Quality Control, to a height of not less than six feet (6') but not more than eight feet (8').

   K.   Innovative Landscaping: Innovative landscape design is encouraged and shall be considered as a positive attribute in connection with any request for a variation from the requirements of this Section.

   L.   Changes To Approved Landscape Plans: Any change or deviation to an approved landscape plan, which is in conformance with this Section, shall require the approval of the Director of Quality Control. Changes which do not conform to this Section shall be subject to the procedures for a variation as established in Section 2-2-2 of this Code.

   M.   Single-Family Residential Landscaping: All new single- family residences in relation to which an occupancy permit was/is issued after January 1, 1997, shall, on or before July 1, 1997, or six (6) months from the issuance of an occupancy certificate by the Village, whichever is later, comply with the following landscaping standards:

      1.   All unpaved portions of the public right of way (parkway) abutting the property upon which said residence is located shall be fine graded and sodded or seeded with grass seed, except for public sidewalks and driveway aprons. Said area may contain additional live landscaping only as provided in subsection E of this Section. The use of decorative stone, rock, gravel, bricks, landscaping timbers or other nonlive landscaping materials shall be allowed on the unpaved portion of publics rights of way (parkways), provided said materials shall not cover more than twenty five percent (25%) of the landscaped (nonimpervious surface) area of the parkway.

      2.   All areas of the property upon which said residence is located, not covered by impervious surface (i.e., structures, sidewalks or driveways), shall be fine graded and: a) sodded; b) seeded with grass seed; c) covered with live landscaping; or d) any combination of a), b) and c). Decorative stone, rock, gravel, bricks, landscaping timbers or other nonlive landscaping materials may be used only to edge planting beds, trees, or other live landscaping, or as ground cover within planting beds.

      3.   Where grass seed is used, it shall be the obligation of the property owner to continue to reseed if necessary so as to produce a lawn.

All buildings erected or altered shall be served by the water and sanitary sewer systems of the village.

The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title.

   A.   Public Buildings: Public, semipublic or public service buildings, hospitals, schools or institutions, when permitted by a special use, may be erected to a height not exceeding eighty five feet (85'), and churches and temples may be erected to a height not exceeding seventy five feet (75') if the building is set back from each yard line at least one foot (1') for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

   B.   Residential Dwellings: Single-family and two-family dwellings may be increased in height by not more than an additional fifteen feet (15') when the side yards (in total) and the rear yard are increased over the yard requirements of the district in which the dwelling is located by one foot (1') for each additional one foot (1'), or portion thereof, in building height beyond the thirty foot (30') maximum building height limitation of subsection 4-5A-3A or 4-5B-3A1 of this title. In no event, however, shall any such dwelling exceed two and one-half (21/2) stories in height.

   C.   Chimneys, Cooling Towers, Etc.: Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental spires, church steeples, radio towers or necessary mechanical appurtenances, may be erected to the maximum height in accordance with the district provisions in which the structure is located and as provided in this section.

   D.   Projections Into Yards: Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the horizontal projections of roof overhangs, sills, cornices and ornamental features projections not to exceed twenty four inches (24"), accessory buildings not to exceed twelve inches (12").

   E.   Fences: Fences may be erected on the lot lines and in the required yards, but such fences shall conform to all standards and requirements of the ordinances of the Village, from time to time, in force.

   F.   Fire Escapes: Fire escapes may project into a rear yard not more than five feet (5'), and the ordinary projections of chimneys and flues into the rear yard shall be permitted.

   G.   Yards:

      1.   Side Yards: For the purpose of this side yard regulation, a two-family row house or a multiple-family dwelling or multiple dwelling shall be considered as one building or structure.

   H.   High-Rise Buildings: Nothing herein contained shall be construed to exclude high-rise apartment buildings in Planned R-3 Districts and high-rise office buildings or structures in the O Office District, when recommended by the Zoning and Planning Commission pursuant to Title 2, Chapter 1 of this Code. Further, no such building or structure may be erected to exceed a height of eighty five feet (85').

   I.   Conflicting Regulations: Whenever any ordinance or deed restriction regulates the front yard or setback requirements along any street in any district and the requirements of such ordinance or deed restriction are greater than the front yard regulations of this Title, the provisions of such ordinance or deed restriction shall apply and shall be deemed superior to the front yard regulations of this Title.

   A.   Amendment Of Regulations, Hearing: The regulations imposed and the districts created under this Zoning Title may be amended from time to time by ordinance after this Title has gone into effect, but no such amendments shall be made without a hearing before the Zoning and Planning Commission. The applicant requesting an amendment of regulations and districts shall follow the procedure as set forth in Section 2-1-7 of this Code.

   B.   Costs: Before any action is taken upon any application as provided in this Section, the applicant shall pay to the Village the sum of two hundred dollars ($200.00), no part of which shall be refundable, to cover the cost of the hearing. This payment shall be credited to the General Corporate Fund of the Village.

   A.   Generally: It shall be the duty of the Village Manager and the Director of the Office of Quality Control to enforce this Title. It shall also be the duty of the officers and employees of the Village, and especially of the Police Department to assist the Village Manager and the Director of the Office of Quality Control by reporting upon new construction, reconstruction or land uses or upon seeming violations.

   B.   Substandard Structures, Eminent Domain: The Village may acquire by purchase, condemnation or otherwise any buildings or structures which do not conform to the standards fixed by the Village under 65 Illinois Compiled Statutes 5/11-13-1 et seq., and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures; may remove or demolish all substandard buildings and structures so acquired; may hold and use any remaining property for public purposes; and may sell, lease or exchange such property as is not required for public purposes subject to the provisions of this Title.

   C.   Proceedings To Prevent Violation: In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Title or of any ordinance or other regulation made under the authority conferred thereby, the proper Village authorities, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceeding to:

      1.   Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use.

      2.   Prevent the occupancy of the building, structure or land.

      3.   Prevent any illegal act, conduct of business or use in or about the premises.

      4.   Restrain, correct or abate the violation.

When any such action is instituted by an owner or tenant, notice of such action shall be served upon the Village at the time suit is begun, by serving a copy of the complaint on the Village Manager. No such action may be maintained until such notice has been given.

Any person or agents, employees or contractors of such person who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any provision of this Title shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) for each offense; and each day a violation continues to exist shall constitute a separate offense.

   A.   Village Policy: It is the stated policy of the Village that the installation of satellite dish antennas and equipment can, unless controlled, adversely affect health, safety and aesthetic values and objectives of the Village and its residents in all zoning districts, and, in particular, in residential zoning districts. The Village considers its residential character with natural landscaping to be an extremely important aspect of the community's quality of life. Great care is taken to protect these aesthetic values through preservation of natural resources and protection of the visual environment.

One of the very important means by which this goal can be achieved is by recognizing that satellite dish antennas of all sizes, shapes, varieties and uses constitute physical additions and potential hazards to the Village of such character that their construction, placement, installation and use requires close examination and constant review by the Village. Satellite dish antennas are structures quite different in appearance from typical structures anticipated by this Code and the installation of satellite dish antennas may not be compatible with existing structures and residential land uses in the Village. The appearance of the "dish" from neighboring properties and the removal of desirable vegetation to allow placement of the "dish" are major negative consequences of such "dishes".

In addition, it is extremely important that all safety aspects be addressed to protect persons and property, including wind loads, sight lines on roadways, and other factors not presently anticipated.

That in view of the foregoing, in order to protect the health, safety and welfare of the Village, and to provide for reasonable regulation, all exterior satellite dish antennas, including all forms of receivers of satellite transmissions, shall be considered structures subject to the terms of this Section and all other applicable provisions of this Code.

   B.   Permits And Regulations: Under the Illinois Compiled Statutes which grant the Village the right to regulate and limit the intensity of lot areas, and to fix standards to which buildings and structures shall conform, to promote the public health, safety, comfort, morals and welfare, together with its home rule powers, the Department of Quality Control shall receive applications and issue both building and electrical permits for the installation of all satellite dish antennas or any dish-type satellite signal receiving stations (hereafter collectively referred to as "satellite dishes"). Said application shall be made on a form provided by the Village and, when submitted, shall be accompanied by a certified technological statement signed by the installer (described below), and an as-built sketch of the subject property, drawn to scale, or a plat of survey of same, showing the following:

      1.   The exact location of the satellite dish in relation to the lot lines and side and rear yard setback lines of the subject property;

      2.   The dimensions of the proposed satellite dish, including its diameter and its height above the level of its base;

      3.   The proposed general direction in which the satellite dish will be faced;

      4.   The location of all existing improvements, buildings and structures located on the subject property where the satellite dish is proposed to be located;

      5.   The location of the principal structure, building or dwelling and any auxiliary structures on the immediate adjacent properties;

      6.   The location of the existing vegetation on the subject property; and

      7.   The type and exact location of screening to be installed on the subject property around the satellite dish.

The certified technological statement, signed by the installer of the satellite dish, must state the specific reason(s) why the satellite dish must be situated at a particular location on the subject property, and any screening limitations in regard to the specific location selected.

Prior to final installation of the proposed satellite dish, any change in the information contained in the application or any of its components, including any change as to information contained on the as-built sketch of the subject property or plat of survey, shall be documented by the applicant, in writing, and shall be submitted by the applicant to the Department of Quality Control. The Department of Quality Control shall make sure that said change(s) do not violate any provision of this Code and, if no violation exists, said Department shall amend the application to reflect said changes.

In reviewing an application, the Department of Quality Control shall make sure the satellite dish meets the following additional requirements:

      1.   Satellite dishes shall not be linked to receivers which are not located on the same lot as the satellite dish.

      2.   In residential districts, satellite dishes shall be located only in rear yards, as defined by this Title, and shall be located entirely behind the principal building or structure located on the subject property. Where the principal building or structure on a lot immediately adjacent to the subject property is set back farther into the rear yard than the principal building or structure on the subject property, the satellite dish shall not be located in that part of the rear yard of the subject property between the principal building or structure on the subject property and a line drawn across the subject property, said line being an extension of the exterior wall of the principal building or structure on the immediately adjacent lot(s) which is located nearest the rear lot line. In nonresidential districts, satellite dishes shall be located only in rear yards or on the roof. If the satellite dish is mounted on the rooftop, it shall be reviewed by, and the design certified by, an engineer or architect who is licensed in the State of Illinois, and said installation shall comply with all applicable building code 1 provisions.

      3.   No part of the satellite dish, in any of its positions, or its base, shall be located closer than ten feet (10') from the inner side yard lines in residential districts, five feet (5') from the inner side yard lines in nonresidential districts, and ten feet (10') from the rear lot line in all districts.

      4.   The applicant shall provide an earth berm, fence, walls, arbors or other appropriate landscaping, including trees, shrubs, bushes and hedges, in accordance with the screening set forth in the as-built sketch of the subject property or plat of survey, to screen the satellite dish as completely as possible, without preventing reception by such satellite dish, so as to conceal the satellite dish from view of the adjoining properties and public and private streets the year round, and to preserve the aesthetic character of the neighborhood in which the satellite dish is installed.

      5.   Front yard or side yard installation shall not be permitted.

      6.   Roof mounted installation shall not be permitted except in nonresidential districts.

      7.   The height of the satellite dish, or any portion thereof, shall not extend in any event above fifteen feet (15') from ground level when located in a rear yard, or above fifteen feet (15') from roof level when roof mounted.

      8.   The maximum diameter of any satellite dish shall not exceed ten feet (10').

      9.   The satellite dish must be constructed of noncombustible and corrosive resistant material and be erected in a secure wind resistant manner and be adequately grounded for protection against a direct strike of lightning.

      10.   In residential districts, no more than one satellite dish per lot shall be allowed.

   C.   Variations: Where strict compliance with any of the aforementioned requirements in subsection B of this section would prevent reception by the satellite dish, the applicant may petition the Zoning and Planning Commission for a variation from the requirement(s) which would prevent reception. At the time the petition for variation is heard, the petitioner shall be required to furnish an affidavit setting forth the names and addresses of the persons who paid the taxes during the last preceding year on each lot or parcel of property lying within the village, and within one hundred fifty feet (150') of the boundary lines of the lot or parcel on which the variation is requested, and stating that written notice of the hearing on said petition for variation has been served to said owners of record at least fifteen (15) days prior to the date of the meeting at which said petition is being heard, and certifying that owners of tax exempt properties within the same one hundred fifty feet (150') of the boundaries have been notified.

The notices to the property owners of record shall include, but not be limited to:

      1.   Time, date and place of the meeting at which said petition will be heard;

      2.   Location of the property by legal description, real estate index number and common address;

      3.   A brief description of the variation being sought; and

      4.   A brief description of the proposed location of the satellite dish if the variation is granted.

Evidence that notices have been mailed twenty (20) days prior to the meeting at which said petition is being heard shall be accepted as meeting this notification requirement.

A variation shall only be allowed to the extent necessary to allow for reception by the satellite dish and upon findings by the Zoning and Planning Commission that: a) strict compliance with the requirements of subsection B of this section, by the applicant, would prevent reception by the satellite dish, and b) the variation requested is the variation which will have the most minimal negative effect on the character of the surrounding properties and neighborhood, while allowing for reception. The burden shall be upon the applicant to show that strict compliance with the requirements of subsection B of this section would prevent reception by the satellite dish and that the variation requested is the variation which will have the most minimal negative effect on the character of the surrounding properties and neighborhood, while allowing for reception. All variations shall be subject to final approval by the president and board of trustees.

   D.   Application Of Other Codes: The provisions of the building and electrical codes of the village including, but not limited to, those provisions in regard to permits and inspections, and fees in relation thereto, shall be applicable to the installation or erection of a satellite dish.

   E.   Penalty: Any person including, but not limited to, any owner of property or any satellite dish antenna installer, who owns, operates, maintains, places, constructs, erects or otherwise causes any satellite dish antenna to be in violation of any provision of this section shall be required to remove the satellite dish antenna which is in violation of the provisions of this section, and shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense; and each day a violation continues to exist shall constitute a separate offense. Said fine shall be in addition to, and not in lieu of, the removal of the satellite dish antenna which is in violation of the provisions of this section.

Notwithstanding the underlying zoning, where an R-3 multi- family residence use abuts an R-1 single-family residence use, the owner of the R-3 multi-family residence use shall be required to install a solid privacy fence of not less than five feet (5') in height, or a solid row of shrubbery of not less than five feet (5') in height, at all locations at which the property on which said R-3 multi-family residence use is located abuts the property on which the R-1 single-family use is located.

A swimming pool shall be located on a lot such that it is in compliance with the setbacks applicable to accessory buildings, regardless of whether or not said swimming pool falls within the definition of an "accessory building". (Ords. 75-10-55, 77-8-7, 77-29-48, 85-14-45, 85-18-58, 87-1-1, 92-09-37, 92-11-45, 93-9-24, 93-24-107, 94-23-102, 95-23-100, 96-6-24, 97-3-15, 98-1-2, 98-20-92, 99-5-11, 01-14-45, 03-05-16, 04-07-27, 19-16-66)