In residence districts, there shall be no more than one principal building per lot. In all districts except residence districts, more than one building may be erected on a single lot; provided, that yard and other requirements hereof shall be met for each building as though it were a principal building on an individual lot. (1990 Code §21.1.050)

In residence districts, a lot which was of record on October 16, 1990, even though not meeting the requirements of this title as to minimum lot area and/or minimum lot width, may be used for a detached single-family dwelling, provided such dwelling conforms with all other regulations of the district in which it is located. (1990 Code §21.1.080)

All new buildings shall conform to the bulk regulations established in this title for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or further conflict with the bulk regulations of this title for the district in which such building shall be located. (1990 Code §21.1.090)

   A.   General Requirements:

      1.   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

      2.   No lot shall be reduced in area so that the yards or other open space becomes less than required by this title.

      3.   On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings.

      4.   On a vacant, through, or corner lot, either of the lot lines abutting a street right of way line may be established as its front lot line; except, that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street.

         a.   A fifty foot (50') setback shall be maintained from the right of way line of the roadways designated in this subsection A4. Except as otherwise provided herein, no parking or structures, including, but not limited to, all accessory buildings, swimming pools, signs and fences over four feet (4') tall, shall be permitted within the fifty foot (50') setback.

         b.   Where a greater setback is required by zoning district regulations, the greater setback shall apply.

         c.   Frontage or access roads are permitted within the setback area.

         d.   One freestanding permanent sign is permitted within the setback area, provided 1 :

            (1)   Such sign is set back a minimum of forty feet (40') from the right of way line.

            (2)   Such sign does not exceed three and one-half feet (31/2') above the average finished grade of the yard in which the sign is located.

            (3)   No one display surface of such sign shall contain more than seventy (70) square feet, and the total area of all display surfaces shall not exceed one hundred forty (140) square feet.

            (4)   The supporting structure of the sign shall be concrete or masonry.

            (5)   The sign shall be reviewed and approved by the board of trustees prior to issuance of a building permit for said sign. (1990 Code §21.1.130)

   B.   Permitted Obstructions: For the purpose of this title, the following shall be permitted obstructions when located in the yards indicated; except, that accessory buildings or structures may occupy not more than thirty percent (30%) of a rear yard:

      1.   In any yard:

         a.   Stairs, chimneys, overhanging roof eaves, bay windows, marquees and awnings attached to a principal building if they do not project more than thirty inches (30") into the required yard.

         b.   Fences to the extent permitted by the provisions in this title.

         c.   Signs to the extent permitted by the provisions of this title. (1990 Code §21.1.120)

d. Ornamental light standards, flagpoles, trees, and shrubs; except, on corner lots, trees and shrubs shall be no higher than thirty six inches (36") above the centerline grade of the intersecting streets if located in the portion of a required front yard or side yard situated within a triangle with the two (2) sides paralleling the abutting streets being no more than twenty feet (20') each from the corner of the lot formed by the intersection of the two (2) street rights of way abutting the lot 2 .

         e.   Decorative structures, such as gazebos, to the extent permitted by this title.

      2.   In front yards and side yards abutting a street: No other obstructions, other than those permitted in subsection B1 of this section, shall be permitted. (1990 Code §21.1.120; amd. 2011 Code)

      3.   In interior side yards: Open accessory off street parking spaces.

      4.   In rear yards; except, that when a rear yard adjoins a street, the following shall not be located closer to a street than the distance required on the lot for a side yard adjoining a street:

         a.   Unroofed decks not exceeding four feet (4') above adjoining grade, open patios, detached private garages, and open accessory off street parking spaces.

         b.   Accessory sheds, toolrooms, or other similar accessory buildings.

c. Private swimming pools in accordance with provisions of this title and other applicable ordinances of the village 3 .

         d.   Recreational and laundry drying equipment, statuary, arbors, trellises, and gazebos. (1990 Code §21.1.120)

   A.   No building, structure or land shall be devoted to any use other than one which is specified as a permitted use in the zoning district in which such building, structure, or land is located, except as follows:

      1.   Nonconforming uses, as provided in this title.

      2.   Special uses, specified as a special use in the zoning district in which such building, structure, or land is located, after the granting of a special use as provided in this title. (1990 Code §21.1.060)

   B.   The following uses are permitted in any district without limitation as to minimum lot area: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, and other similar distribution equipment for public utilities; provided, that the installation thereof shall comply with the requirements of the applicable administrative authorities. (1990 Code §21.1.210)

   A.   Accessory Uses: Accessory uses shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation, or culture of poultry, cattle, goats, sheep, pigs, horses, or other livestock, whether for profit or not for profit; except, that horses may be kept only as specified in section 11-6F-4 of this title. (1990 Code §21.1.100; amd. 2011 Code)

   B.   Accessory Buildings:

      1.   No accessory building, unless it is structurally a part of the principal building and unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered, nor moved to a location within ten feet (10') of the nearest wall of the principal building, nor within the required area for front or side yards of the lot as set forth for the district; and in residence districts, an accessory building in a rear yard shall be not less than five feet (5') from any property line.

      2.   No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.

      3.   No accessory building shall have more than one story nor exceed seventeen feet (17') in height, unless otherwise permitted as an accessory to business and manufacturing uses, or to authorized special uses. (1990 Code §21.1.100)

   C.   Aboveground Swimming Pools And Hot Tubs:

      2.   Each aboveground pool structure shall be required to have screening in areas which face the side or rear property lines of the lot in which they are located, and screening in any area which may be visible from a public road, sidewalk or pathway, in compliance with the following requirements:

         a.   Screening may be located either at the perimeter of the property line, if otherwise permitted under the applicable regulations and ordinances, or around the perimeter of the aboveground pool structure.

         c.   Any aboveground swimming, soaking or wading pool, hot tub or other similar structure which has the vertical surfaces of the exterior finished with a wood facade shall not be required to screen such portions which are covered by the wood facade; provided, that the top surface of the aboveground pool structure must be covered by a locked, tamper resistant cover constructed of a sturdy material capable of supporting not less than one hundred fifty (150) pounds at all times when the aboveground pool structure is not presently actively in use. Further, any vertical portion of the structure which is not covered by a wood facade, including any support structure, fencing or screening, deck, pump, or recreation equipment or other appurtenances thereto, shall be required to be screened in accordance with this subsection C2.

         e.   The decorative wood, decorative aluminum or decorative wrought iron fencing required to be constructed either at the perimeter of the pool structure or at the perimeter of the yard shall be of a nonclimbable design, and shall completely surround such aboveground pool structure in such a manner as to minimize the danger of unsupervised children gaining access thereto. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use. All such latches shall be made inaccessible to small children from the outside, and shall be installed prior to the filling of the aboveground pool structure with water. (Ord. 2006-15, 6-3-2006)

      3.   Excluding fencing or screening required under subsection C2 of this section, which is subject to the height restrictions contained therein, no portion of any aboveground pool structure shall exceed forty eight inches (48") above the grade level existing prior to installation of the aboveground pool structure. Where the grade of a given site induces a variation in the height from grade to the top of the pool structure, the finished level of the pool may be up to fifty-four inches (54") from the finished grade level, provided that some portion of the pool is not more than forty-eight inches (48") from the finished grade level. (Ord. 2008-15, 5-5-2008)

      4.   Temporary aboveground pool structures which: a) do not exceed twenty-four inches (24") in height; b) do not exceed sixteen feet (16') in diameter; c) are constructed of plastic or rubber; d) do not require any permanent structure, framework, or site preparation; and e) are in place for not more than two (2) weeks at a time with a complete removal thereafter, are exempt from the requirements of this subsection.

      5.   Any applicant for a permit to construct an aboveground pool structure in an area of the village which is subject to a homeowners' association or property owners' association shall be required to provide a clearance letter from the applicable association prior to receipt of a permit from the building department. Applicants who seek to obtain a permit without providing such a clearance letter shall make application to the village board of trustees for issuance of their permit, which may only be issued after the holding of a public hearing on the proposed aboveground pool structure.

      6.   Notwithstanding the provisions of this subsection, this subsection shall not apply to any aboveground pool structure installed prior to June 19, 2006; provided, that such pool structure is maintained in its configuration as installed.

      7.   Removable, Above-Ground Swimming Pools: The following provisions shall apply to removable, above-ground swimming pools that are not maintained in place for longer than four (4) months per year:

         a.   Where an above-ground swimming pool is removable, a resident may apply for a single building permit for the pool. This permit shall permit initial installation of the pool, as well as subsequent removal and reinstallation in subsequent years, without requirement of obtaining a new permit on an annual basis, provided that:

            (1)   The pool remains substantially the same size and shape;

            (2)   The pool is reinstalled in substantially the same location (and not on any public or private easements or other prohibited areas);

            (3)   The yard in which the pool is installed remains configured substantially the same (i.e. screening and fencing is maintained, no new permanent improvements are installed that interfere with the pool or that create new setback areas, etc.); and,

            (4)   The pool does not require any new or additional utility connections (e.g. does not have an electric pool heater installed, etc.).

         b.   Removeable, above-ground swimming pools are required to comply with the applicable fencing standards, but are not required to comply with the screening standards outlined in Section 11-5-6(c)(2)(d), above.

      8.   Alternative Swimming Pool Locations Authorized: Where possible, swimming pools shall be installed in accordance with the requirements of the Village zoning code, in the rear yard of a platted lot, between the lines created by the parallel extension of the sides of the principal building, and within the rear yard building setback line. Where such installation is not practical based upon the presence of utility installations, patios or other permanent improvements, a pool may be relocated so as to extend beyond the parallel extension of the sides of the building or to move into the rear yard building setback area, provided that:

         a.   The pool does not intrude on any public or private easements;

         b.   The pool is not located in an area that would interfere with the drainage of the property or any other properties;

         c.   The pool is located so as to minimize the intrus1on in areas where it would not customarily be permitted to the greatest extent possible;

         d.   The pool location is acceptable to the Chief Building Official; and,

         e.   The pool location complies with applicable, mandatory setbacks from items such as permanent structures and electrical services. These provisions shall not authorize non-compliance with other Village regulations on pools. The Chief Building Official shall be authorized to approve of pool configurations in compliance with this alternative standard without requirement of any public hearing or approval of a variance, where required based upon the configuration of a given lot. If the Chief Building Official denies a permit requesting such alternative relief under this subsection (8), the property owner may appeal such denial by filing a petition for a zoning variation with the Planning and Zoning Commission. This shall be the sole mechanism to contest a denial of the Chief Building Official's determination under this subsection (8). The Chief Building Official is further authorized to impose such additional building permit conditions or requirements as may be appropriate based upon the configuration of a given lot, including but not limited to additional fencing, screening, grading or utility requirements.(Ord. 2006-15, 6-3-2006; amd. Ord. 2020-O-26, 7-20-2020)

   B.   Where a use exists on the effective date hereof and it is classified as a special use by this title, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the effective date hereof, and they shall be subject to yard, floor area ratio, and building height requirements set forth in this title for permitted uses in the districts in which they are located. (1990 Code §21.1.110)

   A.   General Provisions:

      1.   Applicability: The regulations set forth in this section shall apply to and govern signs in all zoning districts in the Village of Pingree Grove. No sign shall be erected, repaired, altered, relocated or maintained except in conformance with the regulations for the district in which it is located, unless the sign is otherwise specifically regulated by a special use permit or variance ordinance.

      2.   Purpose: This section is established in order to create the standards for a comprehensive and balanced system of signage regulations. The purpose of this section is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed upon private property for exterior observation. Furthermore, this section furthers the following ends:

         a.   To encourage, as a means of communication in the Village of Pingree Grove, signs that are:

            (1)   Compatible with existing land uses and buildings;

            (2)   Appropriate to the type of activity to which they pertain;

            (3)   Expressive of the identity of individual proprietors;

            (4)   Legible in the circumstances in which they are seen; and

            (5)   Respectful of the reasonable rights of other property and sign owners;

         b.   To preserve, protect and promote public health, safety and welfare;

         c.   To improve pedestrian and traffic safety;

         d.   To maintain and enhance community appearance;

         e.   To augment the Village's ability to attract sources of economic development by promoting the reasonable, orderly, and effective display of signs;

         f.   To maintain and enhance community appearance and the Village's ability to attract sources of economic development by promoting the reasonable, orderly and effective display of signs;

         g.   To minimize the possible adverse effect of signs on nearby public and private property;

         h.   To ensure the value of private property by assuring the compatibility of signs with surrounding land use values;

         i.   To ensure that signs are designed as integral architectural elements of the building and site, to which they principally relate; and

         j.   To protect against the destruction of, or encroachment on, historic places within the Village.

   B.   Definitions: The following words, terms and phrases used in this section shall be defined according to the following:

   ABANDONED SIGN: A sign which no longer directs attention to or advertises any person, business, lessor, owner, product, idea, place, activity, institution or service which exists, is being conducted, or available.

   ADVERTISING MESSAGE: A commercial message or communication describing products or services being offered or available to the public.

   ANIMATED SIGN: Any sign that physically moves, uses an electronic process or remote control, or changes lighting to express the message of the sign.

   AREA, SIGN: Sign area shall be the gross surface area within a single continuous perimeter enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color forming an integral part of the display or to differentiate the sign from the background to which it is placed. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports becomes enclosed for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. For computing the area of any sign which consists of individual letters or separate graphic elements, the area shall be deemed to be the area which encompasses all of the letters or elements.

   AWNING: A temporary shelter supported substantially from the exterior wall of a building and composed of non-rigid materials except for the supporting framework when an awning contains, embodies or displays any verbiage, trademark, logo or similar representation, these elements shall constitute a "sign".

   BACKGROUND AREA: The entire area of a sign on which a copy could be placed, as opposed to the copy area, when referred to in connection with wall signs.

   BANNER: A sign with its copy on non-rigid material such as cloth, plastic, fabric or paper with not supporting framework.

   BEACON: A stationary or revolving light as well as a "searchlight", which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention. This term is not intended, however, to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar governmental and regulatory agencies.

   BILLBOARD: See definition of "OFF-SITE SIGN."

   BUILDING FACE OR WALL: The wall and window area of a building in one plane or elevation.

   BUSINESS FRONTAGE: The linear length frontage of a commercial or business lot on: a public right-of-way; a privately-owned circulation road, which functions as a collector and distributor of commercial traffic; or a parking lot that serves the business establishment.

   CANOPY: A structure other than an awning made of cloth, metal or other materials with a frame or frames, affixed to a building and/or carried by a frame which is supported by the ground. When a canopy contains, embodies or displays any words, trademark, logo, text, or similar representation, those elements constitute a sign.

   CHANGEABLE COPY: Letters, numerals, or other graphics which are not permanently affixed to a structure and/or set for permanent display, and are intended to be alterable through manual or electronic means.

   CONSTRUCTION SIGN: A temporary sign placed within a parcel of property upon which construction activities of any type are being actively performed.

   COPY: Text, letters, numerals, or other similar graphics.

   COPY AREA: The space on a sign that contains text, images, numerals or other related content.

   DECORATIVE LIGHTING: Any type of lighting element applied to the interior or exterior of a window door, or exterior building surface, which is intended to be viewed from the exterior of the building or structure.

   FACADE: The exterior face of wall of a building as it is presented to view, or the apparent width and/or height of a building as viewed from streets, driveways and parking lots. Minor variation in wall elevations do not constitute the creation of additional facades.

   FLAG: A piece of cloth or similar material, typically oblong or square, attachable by one side to a pole, rope, or structure.

   FLASHING SIGN: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, reflective materials, or an externally mounted intermittent light source. Automatic changing signs such as the public service time, temperature and date signs, or electronically controlled message centers shall be classified as "changeable copy signs", not "flashing signs".

   FREE-STANDING SIGN: Any sign supported by a structure or support that is placed on, or anchored in the around, and is independently situated from any building or other structure.

   GASOLINE SERVICE STATION: A business facility which is primarily distinguished by the retail sale of gasoline products necessary for the day-to-day operation of automobiles and commonly referred to as a "gas station". Such a facility may, in addition, offer maintenance and repair services for automobiles.

   GOOD REPAIR: For a sign to be in good repair it must possess structural integrity, the surface condition is not excessively faded, peeling, or damaged, any lighting from the sign is operational and maintained, and the sign is securely fastened to its mounting structure(s). Not included in normal maintenance or repair are the following: replacing more than fifty (50%) of the uprights, in whole or in part, or extending the height above ground, or similar activities which changes a sign such as an increase in the size or value of the sign.

   GOVERNMENT SIGN: A sign that is constructed, placed, or maintained by federal, state, or local government(s), or a sign that is required to be constructed, placed, or maintained by federal, state, or local law.

   GROUND SIGN: Any sign where the bottom side of the sign is placed, or mounted on a base that is permanently placed, on the ground. A ground sign shall not have any visible posts, poles, pylons, or other supports designed to raise the sign above the ground. Ground signs are also referred to as monument signs.

   HEIGHT OF A SIGN: The vertical distance measured from grade to the highest point of the sign.

   HOME OCCUPATION or NAME PLATE SIGN: A sign less than two (2) square feet of area of the sign, installed upon the face of a residential property, without encroaching outward more than two inches (2").

   ILLUMINATED SIGN, EXTERNAL: Any sign externally illuminated by a source of light which is cast upon the surface of the sign to illuminate by reflection only.

   ILLUMINATED SIGN, INTERNAL: Any sign, all or any part of which:

      1.   Is made of incandescent neon, or other types of lamps or light source attached thereto or otherwise incorporated into such sign.

      2.   Has a border of incandescent or fluorescent lamps thereto, attached and reflecting light thereon.

      3.   Is transparent, and lighted by electricity or other methods of illumination.

   INFLATABLE SIGN: An inflatable object or balloon at least three feet (3') in diameter.

   MARQUEE: Any sign covered structure projecting from and supported by a building with independent roof and drainage provisions and which is erected over a doorway(s) as protection against the weather.

   MEMORIAL SIGN: A sign, tablet, or plaque no larger than five (5) square feet, relative to the area of the sign.

   NON-CONFORMING SIGN (LEGAL): A non-conforming sign shall be any sign which:

      1.   A sign which was initially lawfully erected and maintained prior to such time as it came within the purview of this section and any amendments hereto, and which fails to conform to all applicable regulations and restrictions contained in this section; or

      2.   A non-conforming sign for which a permit has been issued.

   NON-RESIDENTIAL DEVELOPMENT SIGN: A permanent, freestanding sign located at a major entrance of a non-residential development or commercial center.

   OBSCENE: Statements, words, suggestions, or pictures of an indecent or immoral character, such as will offend public morals or decency which are not protected by any constitutional right of expression.

   OBSOLETE SIGN: A sign located upon the premises of a tenant, business, organization, activity, or service that has ceased to operate or occupy the site for longer than thirty (30) days.

   ON-SITE SIGN: A sign that relates solely to a business use or profession conducted, or to a principal commodity service or entertainment sold, provided, or offered upon the premises where the sign is located.

   OFF-SITE SIGN: A sign that relates in whole or in part to a business use or profession conducted, or to commodities, services, activities, ideas, slogans or entertainment not offered at or relating to the zoning lot upon which the sign is placed.

   OPEN HOUSE SIGN: A sign placed upon a residential property that, while normally not publicly accessible, has been temporarily opened to the public for the sole purpose of marketing the sale of such residence on such property.

   PARAPET: That vertical portion of the wall of a building that rises above the roof level.

   PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

   PERMANENT SIGN: Any sign that is not a temporary sign. Such signs shall be constructed in accordance with the Village Building Code in effect at the time of construction.

   PERSON: Any individual, corporation, partnership, limited liability company, organization, association, or other identifiable entity or group of individuals or entities that have joined together for a particular purpose.

   POLE SIGN: A sign mounted on one or more freestanding pole(s) or pylons.

   PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to:

      1.   Signs designed to be transported by means of wheels.

      2.   Signs converted to "A" or "T" frames.

      3.   Balloons and inflatable signs.

      4.   Signs attached to, or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business on such property.

   PROJECTING SIGN: Any sign affixed to a building or wall in such a manner that is leading edge extends more than six inches (6") beyond the surface of such building or wall.

   REAL ESTATE SIGN: A sign placed upon a property that is actively marketed for sale or rent, as evidenced by the property's listing in a multiple listing service.

   RESIDENTIAL DEVELOPMENT SIGN: A permanent freestanding sign made of stone, brick, concrete, or wood located at a major entrance of a Planned Unit Development or residential subdivision.

   ROOF LINE: Either the edge of the roof or the top of the parapet, whichever is higher, but excluding any mansards, cupolas, pylons, chimneys or any minor projections. In cases where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

   ROOF SIGN: Any sign erected, constructed, and maintained entirely or partially upon or over the roof of any building, with the principal support on the roof.

   ROOF SIGN, INTEGRAL: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated form the rest of the roof by a space of more than six inches (6").

   RUMMAGE SALE or GARAGE SALE SIGN: A sign located at a residence or other property at which (1) no routine for-profit activity is conducted, and (2) the public is temporarily invited to conduct business.

   SETBACK: For the purpose of this section, the setback of a sign shall be defined as the shortest horizontal distance between a property line and the closest edge of a sign, including the structure and base;

      1.   Where a property line extends into a street right-of-way, the setback of a sign shall be the shortest horizontal distance between the closest edge of a sign, including the structure and base, the back of curb, and if there is no curb, then the edge of the pavement of the adjacent street

      2.   Where a sign is located along an access drive, the setback of a sign shall be the shortest horizontal distance between the closest edge of a sign, including the structure and base, the back of curb, and if there is no such curb, then the edge of the pavement of the adjacent access drive.

   SIGN: A sign is any name, identification, description, advertisement display, or illustration which is affixed to or painted or represented directly upon a building, structure, or other outdoor surface or piece of land; and which directs attention to an object, idea, product, philosophy, place, activity, person, institution, service organization, or business.

   The term "sign" shall not include any name, identification, description, advertisement, display, or illustration located completely within an enclosed building or structure, unless the content thereof shall be exposed to view from the outside of the building.

      1.   For the purpose of this section, a building, or portion of a building, or any item or material (opaque, transparent, colored or illuminated) physically attached to a building which departs from standard architectural treatment in an attempt to attract attention to the premises by reason of color scheme and/or illumination, or part of a building or facade not required structurally or for maintenance, and which is intended to direct attention to products, goods, services, events or entertainment, shall be considered a "sign" and be subject to all pertinent regulations, including sign area as defined herein.

   Each display surface of a sign or sign face shall be considered to be a sign.

   SIGN FACE: The entire area of a sign on which copy could be placed.

   TEMPORARY SIGN: Any sign that is used only temporarily, and not permanently mounted. This includes any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time.

   TEMPORARY SIGN: A banner, pennant, poster, or advertising display constructed of paper, cloth, canvas, plastic, cardboard, wallboard, plywood, or other like materials that is intended or appears to be intended to be displayed for a limited period of time.

   UNLAWFUL SIGN: A sign which contravenes the terms of this section or which the Chief Building Official has declared to be unlawful because it poses a danger to public safety by reason of dilapidation or abandonment; a non-conforming sign for which any permit required under any previous ordinance was not obtained.

   VEHICULAR SIGNS: Any advertising, business, or commercial signs attached to an automobile, which is parked or placed in position for display to the public.

   WALL SIGN: A sign which is painted on or placed against a building or other structure and which is attached to the exterior front, rear or side wall of a building. The term "wall sign" shall include a sign attached to a mansard roof and not protruding, wholly or partially, above the highest point of the roof of the building or structure to which the mansard roof is attached.

   WINDOW SIGN: A sign that is posted on the interior or exterior of a window of a building or structure which is intended to be read from the exterior of the building structure.

   C.   Measurements:

      1.   Area Of Individual Signs:

         a.   The measurement area of a sign shall be determined by the outer dimensions of the frame or enclosure surrounding the sign face.

         b.   The area of a sign face or lettering not enclosed in a frame, is determined by calculating the smallest rectangle that will encompass the extreme limits of the sign, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. This area calculation does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

         c.   A double-faced sign shall count as two (2) signs. A double-faced sign shall count as one (1) sign for Real Estate, Open House and Garage Sale Signs only.

   D.   General Regulations:

      1.   Authorization By Owner: Except as provided in subsection E, Exemptions, below, or otherwise herein, no person shall erect, alter or relocate any sign within the Village of Pingree Grove without first obtaining the express consent of the owner of the land upon which the sign shall be erected, altered or relocated, in addition to obtaining a sign permit from the Chief Building Official.

      2.   Illumination: In addition to other applicable requirements set forth in this section, all illuminated signs must comply with the following provisions:

         a.   With the exception of changing signs as defined herein, all illuminated signs within the direct line of sight of dwellings in a residential district shall be turned off between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the establishment is engaged in the operation of business during such period, in which case the sign may be lit during the hours of operation only.

         b.   Illumination shall be installed or applied only through a translucent surface; or recessed into the sign structure; or if the light source is external to the sign, directed to and concentrated on the sign.

         c.   Signs shall be shaded as necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park.

         d.   Floodlights, reflectors, or other external sources of illumination shall be contained within a protective casing.

         e.   Illumination shall be constant in intensity and color, and shall not consist of flashing, animated, chasing, scintillating or other illumination conveying the sense of movement. Signs which exhibit only time and temperature may be permitted.

         f.   Exposed light bulbs are prohibited unless approved as a part of a Planned Unit Development.

      3.   Vertical And Horizontal Extension:

         a.   Any sign placed flat against a wall, mansard roof, canopy or awning shall not extend beyond any vertical corner edge of such wall, canopy, awning, roofline, or parapet:

         b.   In addition to the above requirements, placement of any wall sign must meet the following provisions:

            (1)   Signs shall not cover, wholly or partially, any wall opening, nor project beyond the sides of the wall to which it is affixed.

            (2)   Signs shall not project from the wall on which they are mounted, in such a manner as to pose an obstruction or hazard to pedestrians or vehicles.

      4.   Sign Placement In Public Areas: Except for official signs authorized by the Village of Pingree Grove or other Highway Authority, no sign shall be erected on any public right-of-way, tree, utility pole, traffic standard or other public sign standard.

      5.   Placement Of Signs On Lots:

         a.   Only signs erected by the Village of Pingree Grove, Kane County or the State of Illinois shall be permitted within a public right-of-way. All other signs shall be placed no closer than five feet (5') from any lot line.

      6.   Planned Unit Development Signs: Signs located within a planned unit development shall be governed by those standards set forth in the underlying zoning district. Such standards may, however, be modified by the Village Board in accordance with the provisions of the Planned Unit Development Title 11 Chapter 9 of the Zoning Ordinance of the Village of Pingree Grove, as now or hereafter amended.

      7.   Inspection: Except as provided herein, every new sign in the Village of Pingree Grove shall be subject to a general inspection, electrical inspection, footing inspection, and any other inspection(s) deemed necessary by the Chief Building Official. The Chief Building Official shall authorize or conduct subsequent periodic inspections as he or she deems necessary for the purpose of ascertaining whether a sign requires removal or repair.

      8.   Maintenance: Every sign in the Village of Pingree Grove, regardless of whether any permit is required for such sign, shall be maintained in a safe, presentable, legible and good structural condition at all times, including the replacement of nonfunctioning, broken or defective parts, painting, repainting, cleaning and any other acts required for the maintenance of such sign. Every sign and all parts thereof, including framework supports, background, anchors and wiring systems shall be constructed and maintained in compliance with the building and electrical codes of the Village of Pingree Grove. All signs and sign supports shall be kept painted or otherwise treated, to prevent rust, rot or deterioration.

      9.   Notification To Remove:

         a.   If the Chief Building Official finds that any sign is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, the Chief Building Official shall issue written notice of such condition or violation to the person to whom the permit for said sign has been issued.

         b.   All notices issued by the Chief Building Official shall describe the sign and its location and shall specify the manner in which the sign is in violation of the ordinance(s) of the Village of Pingree Grove. All notices issued by the Chief Building Official shall be sent by Certified and First Class mail to the current owner. Any time period provided for in this section shall be deemed to commence two (2) days after the date in which the notice was placed in the mail by the Village.

         c.   If the party to whom such notice is issued fails to remove or alter the sign so as to comply with the provisions of this section, within thirty (30) days of the receipt of the First Class mailing, the Chief Building Official may remove or alter the sign at the expense of the owner.

         d.   The cost of removing the sign may be recovered by the Village of Pingree Grove through any appropriate legal proceeding in the event that such sign is not removed by the relevant land owner. The application for a sign permit shall give the Village of Pingree Grove the right to enter the property to inspect and legally remove the sign. The cost of removal shall be deemed to include any and all incidental expenses, as well as all direct and indirect costs, incurred by the Village of Pingree Grove in connection with removal of the sign.

         e.   The Chief Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

         f.   The Chief Building Official shall not issue any sign permit to any person who refuses to pay costs or expenses incurred by the Village of Pingree Grove in removing or altering any sign for which he or she has previously obtained a permit, regardless of whether legal proceedings have been initiated for the purpose of recovering such costs.

   E.   Exemptions: Unless otherwise stated, signs listed in this Section are permitted in all zoning districts. The following exempt signs do not reauire a sign permit, and shall not be counted when calculating the number of signs or square footage on a premise. However, such signs shall conform to all other general regulations in this section (for example; height area, setbacks, clearance, etc.):

      1.   Memorial signs, no larger than five (5) square feet.

      2.   Signs erected by a governmental body or government signs, or under the direction of such a body.

      3.   One (1) non-residential construction identification sign, up to a maximum of sixty four (64) square feet shall be permitted. Such signs shall be confined to the site of the construction and shall be removed within three (3) days after issuance of the Certificate of Occupancy.

      4.   Temporary non-residential property real estate signs, up to sixty-four (64) square feet in any commercial or industrial zoning district, and must be located on the subject property. Such sign may not be illuminated.

      5.   Residential Real Estate Signs subject to the following:

         a.   Small real estate signs for properties less than one (1) acre, provided such signs shall not be more than ten (10) square feet in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a public street. Small real estate signs shall be freestanding signs set back from and not less than ten feet (10') from any lot line and shall not exceed six feet (6') in height and shall not be illuminated. Small real estate signs shall be removed promptly after the sale of the underlying real estate.

         b.   Large real estate signs for properties more than one (1) acre, provided such signs shall not be more than thirty-two (32) square feet in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a public street. Large real estate signs shall be freestanding signs set back not less than ten feet (10') from any lot line and shall not exceed ten (10) feet in height. Such signs shall not be illuminated. Large real estate signs shall be removed promptly after the sale of the underlying real estate.

      6.   Open House Signs, subject to the following:

         a.   Shall not exceed four (4) square feet in area per sign;

         b.   Shall be put up while the property on which the sign is located actively invites the public and shall be removed and no longer displayed after the conclusion of such event;

         c.   There shall be no flags, banners, or balloons attached to the signs;

         d.   Shall not be placed in the State of Illinois, Kane County, or Village of Pingree Grove right-of-way.

      7.   Garage Sale Signs, subiect to the following:

         a.   Shall not exceed four (4) square feet in area per sign;

         b.   Shall only be erected no more than twenty-four (24) hours before the property upon which the sign is placed actively invites the public to conduct business, and must be removed no more than twentv-four (24) hours of when the public is no longer invited to conduct business;

         c.   There shall be no flags, banners, or balloons attached to the signs;

         d.   Shall not be placed in the State of Illinois, Kane County, or Village of Pingree Grove right-of-way.

      8.   Window signs, posted within public view, shall not exceed twenty-five percent (25%) of each window surface area throuah which or on which they are seen. Illuminated signs shall be no larger than six (6) square feet. Any establishment with a liquor license shall allow for a clear view of the interior of premises.

      9.   Signs required by federal, state, or local law.

      10.   Accessory or Directional signs, may be double-sided but shall be limited to four (4) square feet of sign area per sign face. Signs shall not be greater than four feet (4') in height. The Chief Building Official may, however, approve exceptions to these requirements if additional height and area are necessary to include essential information. No more than two (2) accessory or directional signs shall be erected on a single property.

   F.   Temporary Signs:

      1.   General standards for temporary signs.

         a.   Permits for temporary signs shall be approved by the Chief Building Official;

         b.   Only one (1) temporary sign per zoning lot is permitted at any given time, unless otherwise allowed by the Chief Building Official. The Chief Building Official may permit two (2) temporary signs per zoning lot if the lot is a corner lot;

         c.   Shall be safely anchored to the around or building, as determined by the Chief Building Official and/or designated agent;

         d.   Illumination is prohibited in or adjacent to residential districts (excluding temporary subdivision project signs);

         e.   Temporary signs shall not exceed thirty two (32) square feet in area;

         f.   Display shall be limited to thirty (30) day periods, and shall be limited to four (4) such periods per calendar year unless otherwise allowed. Display of less than thirty (30) days shall count as the full period - remaining days shall not be applied to subsequent display periods; and

         g.   Must be located on the premises of the permit holder unless otherwise indicated or allowed by the sign permit.

         h.   One (1) advertising banner shall be permitted per wall of a commercial building that fronts onto a public street if it advertises a temporary special site promotion or sale.

   G.   Signs Regulated By Zoning District:

      1.   All Districts:

         a.   Development Signs: Free-standing signs shall be permitted for the purpose of identifying Planned Unit Developments or subdivisions in any zoning district subject to the following conditions:

            (1)   Number: There shall be a maximum of two (2) such free-standing sign allowed provided.

            (2)   Size: The Sign Face shall not exceed sixty four (64) square feet.

      2.   Residential:

         a.   Home Occupation/Name Plate Signs: Home occupation/name plate signs shall be permitted as follows;

            (1)   There shall be a maximum of one (1) such signs per zoning lot.

            (2)   The maximum size of any home occupation/nameplate signs shall be two (2) square feet.

            (3)   Home occupation/nameplate signs shall be installed flat against the face of the building, rather than in a front or side yard.

            (4)   Home occupation/nameplate signs shall not be illuminated.

      3.   Non-Residential:

         a.   Wall Signs: Wall signs for businesses in non-residential districts shall be permitted as follows:

            (1)   Number: There shall be a maximum of one (1) such wall sign for each business establishment provided, however that:

               (A)   A maximum of two (2) such wall signs shall be permitted for each business establishment when:

                  i.   The lot on which the sign refers is located on a corner lot.

                  ii.   The building upon which the sign will be placed has more than one (1) business frontage. For the purposes of this section, a business frontage shall mean a public right-of-way, a customer access drive, or a parking lot which serves the commercial establishment.

               (B)   When more than one (1) business is located in a building, each establishment shall be permitted to display a wall sign on the front and corner side facades of a building.

            (2)   Area: The maximum size of wall signs shall not exceed five percent (5%) of the building facade area upon which the sign is to be located, to a maximum of one hundred (100) square feet. When more than one sign is displayed to provide identification for businesses in a single building, the following shall apply:

               (A)   The total area of signs displayed on a building facade shall not however, exceed five percent (5%) of the building facade, to maximum of one hundred (100) square feet.

         b.   Free-Standing Ground Signs:

            (1)   There shall be a limit of one (1) freestanding ground sign per lot.

            (2)   No around sign shall exceed ten feet (10') in height as measured from the ground.

            (3)   The sign area shall not exceed forty (40) square feet per side, limited to two (2) sides, or eighty (80) square feet total.

            (4)   Free-standing signs shall be located with a minimum setback of fifteen feet (15') from any property line or from the back of the curb of an adjacent access drive. In all cases, the free-standing sign shall be set back twenty feet (20') from the back of the curb of an adjacent public street.

            (5)   Free-standing signs shall be installed so as not to impede normal pedestrian movement nor obstruct the driver line-of-sight for motor vehicle traffic.

         c.   Free-Standing Signs for Converted Dwellings: Free-standing signs for businesses located in dwellings converted for commercial use shall comply with the following;

            (1)   Free-standing signs shall be permitted only in lieu of wall signs otherwise allowed by the terms of this section.

            (2)   Not more than one (1) free-standing sign shall be permitted for each zoning lot.

            (3)   The total height, including the base of a free-standing sign shall not exceed ten feet (10') in height.

            (4)   The sign area shall not exceed twenty (20) square feet per side, limited to two (2) sides, or forty (40) square feet total.

            (5)   The setback of the sign from all property lines shall be as determined by the Chief Building Official, to assure that the sign is visible from the public right-of-way, but does not obstruct line of sight for motorists.

         d.   Awning Or Canopy Signs: Letters may be painted or otherwise permanently affixed to any permissible awning or canopy subject to the following conditions:

            (1)   Lettering and/or symbols shall not project above, below, or beyond the physical dimensions of the awning or canopy.

            (2)   Awning or canopy sign area shall count toward the total wall sign area.

            (3)   Internal illumination of awnings and canopies shall be prohibited.

      4.   Changeable Copy: Changeable copy shall only be permitted for free-standing and wall signs, provided such sign area does not exceed forty (40) square feet.

   H.   Nonconforming Signs: Any sign which existed lawfully at the time of the adoption of this section and which becomes nonconforming upon adoption of this section shall be considered as a legal nonconforming use and permitted to remain. It is reasonable that special conditions be placed upon the continuance of existing nonconforming signs. This special condition program permits the current owner to continue using the nonconforming sign while at the same time assuming that the sign will eventually comply with the regulations of the District in which the sign is located. A legal, nonconforming sign's status shall terminate under any of the following circumstances:

      1.   By Abandonment: Abandonment or cessation for a period of ninety (90) days or the change of the principal use to which the nonconforming sign is accessory shall terminate immediately the right to maintain such sign.

      2.   By Destruction, Damage Or Obsolescence: The right to maintain any nonconforming sign shall terminate and shall cease to exist whenever the sign:

         a.   Is damaged or destroyed, from any cause whatsoever, to the extent that its repair or replacement cost exceeds fifty percent (50%) of its replacement cost as of the date it became nonconforming;

         b.   Becomes obsolete or substandard when a request for rezoning is initiated by the owner of the property;

         c.   Becomes a hazard or a danger to the safety or welfare of the general public.

      3.   By Change In Name Or Use: Change in the use or the name of the business shall terminate immediately the right to maintain a nonconforming sign. The owner has ninety (90) days from the change in use or tenant within which to bring the nonconforming sign into compliance.

      4.   By Redevelopment: Nonconforming signs which are moved or affected by the redevelopment of a property; facade improvement program; or roadway widening shall not be reinstalled, but shall instead be brought into conformance with all elements of this section, unless these signs are determined to be of historic value to the Village of Pingree Grove.

   I.   Permit Application And Fees: Except as otherwise provided in this section, it shall be unlawful for any person to erect, re-erect, alter, or relocate any sign without first having obtained a building sign permit and in accordance with all rules and stipulations outlined in Village Code Title 10 Chapters 3 and 4 unless otherwise set forth herein. Where electrical and/or construction permits are required in connection with erecting, re-erecting, relocating, or altering a sign, these shall be obtained at the same time as the building sign permit and in accordance with all rules and stipulations outlined in Village Code Title 10, Chapters 3 and 4.

      1.   Variances: Any requested variance or exception from the terms of this section shall be reviewed and evaluated by the Village Planning and Zoning Commission at a public meeting. The Planning and Zoning Commission shall act as a recommending body to the Village Board of Trustees, who shall be responsible for taking action on the requested variance or exception.

      2.   Limitations:

         a.   Sign permits allow the erection, re-erection, alteration, or relocation of a sign only on the property designated in the permit and only by the person to whom the permit was issued and shall not be transferable.

         b.   A separate sign permit must be obtained for each sign for which a permit is required.

   J.   Substitution/No Discrimination Against Non-Commercial Signs Or Speech: Signs containing non-commercial speech are permitted anywhere that commercial, advertising, or business signs are permitted, subject to the same regulations applicable to such signs. A substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular noncommercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-site commercial message in place of an on-site commercial message.

   K.   Penalty: Any person, firm or corporation who violates any provision of this section shall be subject to a fine neither less than twenty five dollars ($25.00) nor more than seven hundred and fifty dollars ($750.00). Each day a violation occurs or continues to occur shall be deemed a separate violation as provided by local ordinance.

(1990 Code § 21.1.150; amd. Ord. 2025-O-03, 3-17-2025)

   A.   Permit Requirements 2 : No fence shall be constructed or replaced prior to obtaining a building permit. Application for a building permit shall include a description of the type of fence and total linear feet of fence to be installed and a copy of the plat of survey indicating lot dimensions, all easements and where the fence is to be located on the lot.

   B.   General Requirements:

      1.   Location: A fence, including all posts, bases and other structural parts, shall be located completely within the boundaries of the lot on which it is located. No fences shall be located closer than twelve inches (12") to a public sidewalk.

      2.   Finished Side: All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected.

      3.   Metal Fences: All metal fences shall be at least 9-gauge wire or a minimum of 0.148 inch. (1990 Code §21.1.160)

      4.   Barbed Wire Fences 3 : It is unlawful to construct and/or maintain any fence composed in whole or in part of barbed wire(s) or any similar material in any residential or business district except as provided in this section for public or private utility facilities and other public uses. Such fences may be erected in any other district, provided they are not located in a front yard or side yard adjoining a street. Barbed wire(s) shall be placed no less than six feet (6') above finished grade and shall extend inward toward the interior lot.

      5.   Maintenance And Repair: It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the fence in good repair at all times. If a fence is found to be in a deteriorated condition and/or in need of repair, the village building commissioner may order the fence to be repaired, replaced or removed depending upon the condition of the fence. Such order shall be in writing. (1990 Code §21.1.160; amd. 2011 Code)

   C.   Residential District Fences: Except as otherwise provided in this section, fences in residential districts may be erected, placed and maintained in a rear yard or interior side yard to a height not exceeding six feet four inches (6'4") above the finished grade. A fence which is located in a required front yard and shall not exceed thirty inches (30") above the finished grade. On corner lots, fences shall be no higher than thirty inches (30") above the centerline grade of the intersecting streets if located in the portion of a required front yard or side yard situated within a triangle with the two (2) sides paralleling the abutting streets being no more than twenty feet (20') each from the corner of the lot formed by the intersection of the two (2) street rights of way abutting the lot. (1990 Code §21.1.160)

   D.   Business District Fences:

      1.   Except as otherwise provided in this section, fences in the business districts may be erected, placed and maintained in the required front yard and corner side yard setbacks to a maximum height of six feet (6'); except, that on corner lots, fences shall be no higher than thirty inches (30") above the centerline grade of the intersecting streets if located in the portion of a required front yard or side yard situated within a triangle with the two (2) sides paralleling the abutting streets being no more than twenty feet (20') each from the corner of the lot formed by the intersection of the two (2) street rights of way abutting the lot. (1990 Code §21.1.160; amd. 2011 Code)

      2.   Whenever a business abuts a residential district or a residential use, the owner of said business property shall be required to erect and maintain a solid fence of not less than six feet (6') nor more than seven feet (7') in height to screen said business use from said residential district or residential use. The village board may allow the use of a landscaped berm treatment in lieu of a fence if approved as part of a planned development. Fencing shall not be required in the district unless specified by the village board. (Ord. 2004-02, 2-2-2004)

   E.   Industrial District Fences: Except as otherwise provided in this section, fences in industrial districts may be erected, placed and maintained in front yard and corner side yard setbacks to a maximum height of three feet (3'). In a rear or interior side yard, a fence shall not exceed fifteen feet (15') in height above the finished grade. Open fences adjoining residentially zoned property shall be screened with berming and/or landscaping. (1990 Code §21.1.160)

   F.   Tennis Courts And Swimming Pools: Fences for tennis courts shall not exceed twelve feet (12') in height. Fences for tennis courts must be erected no less than five feet (5') from a lot line, and the finished side of the fence shall face outward or away from the lot on which the fence is erected. Fences for outdoor swimming pools shall meet the requirements as set forth in the international building code, 2003 edition 4 . (1990 Code §21.1.160; amd. 2011 Code)

   G.   Public Or Private Utility Facilities And Other Public Uses: Fences for security or screening purposes may be installed on the property of any public or private utility facilities in any yard in any zoning district. Metal fences installed to enclose electrical supply stations having energized electrical equipment shall be a minimum of seven feet (7') in height and shall be effectively grounded. Barbed wire may be installed on the top of the fence in accordance with subsection B4 of this section. Fences on public or private school or park properties or on other publicly owned properties in any zoning district may be erected to a maximum height of fifteen feet (15') in any yard.

   H.   Detention/Retention Areas: Fences shall not be installed in or through a stormwater detention or retention pond, nor shall a fence be installed less than ten feet (10') from the inlet or outlet opening or less than such greater distance as may be required by generally accepted engineering principles, as approved by the village engineer.

   I.   Drainage And Utility Easements:

      1.   Fences may be installed in or across a drainage easement; provided, that the bottom of the fence has a vertical clearance of not less than eight inches (8") or such greater clearance as may be required by generally accepted engineering principles as approved by the village engineer. The vertical clearance shall be maintained for the entire length of that portion of the fence that is installed in or across the drainage easement.

      2.   Fences may be installed in or across a drainage or utility easement, provided the property owner completes an affidavit and release stating that he has read the requirements for fences located in drainage and utility easements, and that he agrees to comply therewith, and that he, for himself, his heirs, successors and assigns, releases the village, its officers, agents and employees from any liability in connection with any moving or removal of any fence or any other structure or form of landscaping within the easement area. The affidavit shall be recorded by the village in the office of the county recorder of deeds.

      3.   In the event village shall, by its staff or board of trustees, determine it necessary to excavate or have access across the easement premises, the owner shall remove the fence at the direction of the village, and in the event of failure thereof, the village may remove the same at the owner's expense, and the village shall not be required to replace the same. (1990 Code §21.1.160)

   A.   Purpose And Applicability: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of Pingree Grove. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (Act), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

   B.   Special Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a Special Use in the respective districts in which they are requested shall be processed in accordance with Section 11-3-4 (Special Uses) of this Title and Section 3 of this Section 11-5-10 (Adult-Use Cannabis Facility Components) as provided herein, along with all other applicable zoning regulations.

   C.   Adult-Use Cannabis Facility Components: In determining compliance with Section 11-3-4 (Special Uses) of this Title, the following components of the Adult-Use Cannabis Facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties (in addition to the normal factors evaluated for a Special Use):

      1.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

      2.   Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance. Any security installations/security plan shall be subject to the review and approval of the Chief of Police, and subject to any revisions required by the Chief.

      3.   Hours of operation and anticipated number of customers/employees.

      4.   Anticipated parking demand based on applicable parking standards and available private parking supply.

      5.   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

      6.   Site design, including access points and internal site circulation.

      7.   Proposed signage plan.

      8.   Compliance with all requirements provided in Section 4 (Adult-Use Cannabis Craft Grower); Section 5 (Adult-Use Cannabis Cultivation Center); Section 6 (Adult-Use Cannabis Dispensing Organization); Section 7 (Adult-Use Cannabis Infuser Organization); Section 8 (Adult-Use Cannabis Processing Organization); or Section 9 (Adult-Use Cannabis Transporting Organization), as applicable.

      9.   Other criteria determined to be necessary to assess compliance with Village Code or other applicable laws.

   D.   Adult-Use Cannabis Craft Grower: In those zoning districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as "Manufacturing" per Section 11-10-4 (Off Street Parking Requirements), provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 11-5-10(2) (Adult-Use Cannabis: Special Use) herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with the Village Zoning Code and all requirements of the Act.

   E.   Adult-Use Cannabis Cultivation Center: In those zoning districts in which an Adult-Use Cannabis Cultivation Center may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as “Manufacturing” per Section 11-10-4 (Off Street Parking Requirements), provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 11-5-10(2) (Adult-Use Cannabis: Special Use) herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with the Village Zoning Code and all requirements of the Act.

   F.   Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   At least seventy five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in Section F.5 below in the same tenant space.

      4.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      5.   Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by Section J. (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following the same procedures applicable to the suspension or revocation of Liquor Licenses as provided in Title 4, Chapter 2 of the Village Code.

      6.   For purposes of determining required parking, said facilities shall be classified as "Retail Store" per Section 11-10-4 (Required Parking Spaces) of the Village of Pingree Grove Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis through Section 11-5-10(2) (Adult-Use Cannabis: Special Use) herein.

      7.   Petitioner shall file an affidavit with the Village affirming compliance with the Village Zoning Code and all requirements of the Act.

   G.   Adult-Use Cannabis Infuser Organization: In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   At least seventy five percent (75%) of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, said facilities shall be classified as "Manufacturing" per Section 11-10-4 (Required Parking Spaces) of the Village of Pingree Grove Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis through Section 11-5-10(2) (Adult-Use Cannabis: Special Use) herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with the Village Zoning Code and all requirements of the Act.

   H.   Adult-Use Cannabis Processing Organization: In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   At least seventy five percent (75%) of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, said facilities shall be classified as "Manufacturing" per Section 11-10-4 (Required Parking Spaces) of the Village of Pingree Grove Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis through Section 11-5-10(2) (Adult-Use Cannabis: Special Use) herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with the Village Zoning Code and all requirements of the Act.

   I.   Adult-Use Cannabis Transporting Organization: In those zoning districts in which an Adult-Use Transporting Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   Purposes of determining required parking, said facilities shall be classified as "Manufacturing" per Section 11-10-4 (Required Parking Spaces) of the Village of Pingree Grove Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis through Section 11-5-10(2) (Adult-Use Cannabis: Special Use) herein.

      5.   Petitioner shall file an affidavit with the Village affirming compliance with the Village Zoning Code and all requirements of the Act.

   J.   Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act. The Chief of Police shall review and provide recommended conditions of approval for any proposed special use permit. Such conditions may also regulate building occupancy, co-tenancies, hours of operation or dispensing, or such other conditions as the Village shall deem appropriate.

   K.   Co-Location Of Cannabis Business Establishments: The Village may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Special Use criteria within the Village of Pingree Grove Municipal Code. In a co-location, the floor space requirements of Section F.3 and G.3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

   L.   Additional Conditions Of Approval: The Village specifically notes that the nature of Adult-Use Cannabis businesses poses potential threats to public safety, welfare and morals that are of significant potential concern, and thus the Village reserves the right to impose additional conditions of approval with regard to any proposed cannabis-related business.

   M.   Signs For Adult-Use Cannabis Businesses: Any Adult-Use Cannabis business that seeks to install any sign age visible from the exterior of their premises/property, including but not limited to freestanding signage, building-mounted signage, window-mounted signage or vehicle mounted sign age, whether temporary or permanent, shall be required to obtain approval of the Village Board for all such signage as a component of their Special Use permit application. Any proposed changes to the approved signage (if any) shall require an amendment of the Special Use permit. (Ord. 2019-O-51, 12-2-2019)