Certain land uses may be located in a given district as a permitted use or a special use upon compliance with special regulations for such a land use.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The incorporation of this section into the Village of Poplar Grove's Zoning Ordinance is designed to reflect the Village's official finding that sexually orientated commercial uses have a tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other similar jurisdictions. Specifically, the Village is concerned with the potential of such uses to limit: (1) the attractiveness of nearby locations for new development, (2) the ability of nearby business to attract and/or retain customers, and (3) the ability of property owners to market and sell nearby properties at a price consistent with similar properties not located near such facilities. It is explicitly not the intent of this subsection to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the Village's comprehensive master plan and protect the character and integrity of its commercial and residential neighborhoods.

B.

Restrictions as to Location. Sexually orientated land uses (adult arcades, bookstores, booths, stores, theaters; entertainment activities, cabarets, uses; motion picture theater, pictures, arcades; photographic modeling studios, as defined in Chapter 2 are to be restricted as to location in the following manner in addition to any other requirements of this title.

1.

Any of the sexually-oriented land uses specified in this section shall not be located within a 1,000 foot radius of another such use.

2.

Any of the above sexually-oriented land uses shall not be located within a one mile radius of any area zoned for residential use.

3.

Any of the above sexually-oriented land uses shall not be located within a one mile radius of any church, or other place of religious worship, park, playground, athletic field or daycare center.

4.

Any of the above sexually-oriented land uses shall not be located within a one mile radius of any school.

5.

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel of property or the land use district boundary line to the nearest point of the property line from which the proposed land use is to be separated.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. Beer gardens are uses that may not always be appropriate at establishments that are licensed for retail sale and/or consumption of alcoholic liquor. In order to ensure proper compatibility of land uses, any special use requested for a beer garden shall be required to comply with certain minimum requirements.

B.

Minimum Requirements:

1.

Beer gardens shall be accessory to a primary use properly licensed for the sale and/or consumption of alcohol.

2.

Beer gardens shall not be located closer than 100 feet from a residentially zoned property.

3.

Beer gardens shall be enclosed with a fence a minimum of six feet in height.

4.

Beer gardens shall be located in a side or rear yard only.

5.

Square footage of the beer gardens shall be included in the calculation for required parking spaces.

6.

Outdoor music (excluding live music) shall be allowed Friday and Saturday from 12:00 p.m. to 10:00 p.m. and on Sunday from 12:00 p.m. to 9:00 p.m. In no instance shall the decibel levels associated with the music exceed 53 decibels at the property line.

7.

Beer gardens shall only be accessible from the primary use. Direct access to the beer garden shall not be permitted.

8.

If smoking is permitted within the beer garden, it shall comply with the Smoke Free Illinois Code.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. Community living facilities are transitional residential settings which provide guidance, supervision, training and other assistance to ambulatory or mobile adults and minors. A community living facility shall include land uses such as congregate elderly housing, intermediate care facility, residential care homes and other similar land uses but not nursing or medical facilities.

B.

Minimum Requirements:

1.

No such facility may be located within 2,500 feet of another such facility regardless of capacity.

2.

Community living facilities shall be designed and maintained to be compatible in size, type and building materials to adjacent dwellings. In addition, a community living facility shall have no signage or activities that would alter the residential character or appearance of the dwelling.

3.

A minimum of one off-street passenger loading area shall be provided within the development.

4.

A community living facility shall be licensed, accredited or sponsored by a local, state or national government or other entity which imposes standards or guidelines for the operation and maintenance of the group home.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. It is the intent of this section to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Home occupations are work related activities in conjunction with a private residence. Such occupations must have little or no detrimental effect on the surrounding residential neighborhood. In order to ensure that the proposed home occupation has little or no detrimental effect on surrounding residential properties, all of the following standards shall apply and be met by the proposed home occupation. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

B.

Applicability. Unless otherwise provided in this title, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered, in an Agricultural or Residential District except in compliance with the requirements of this section.

1.

Permit. A home occupation permit shall be obtained as prescribed by the requirements of this section. Acceptance of any of the benefits of a home occupation permit shall be deemed acceptance of all terms and conditions set forth herein.

2.

Application. Application for a home occupation permit shall be made to the Village Clerk on a form prescribed by the Zoning Administrator.

3.

Inspection. Prior to approval the Village Administrator or designated representative shall review the application and inspect the premises for compliance with the regulation of this section. Additional inspections may be requested by the Zoning Administrator to confirm continued compliance with the provisions of this section.

4.

Fee. The application fee for a home occupation permit shall be $10.00.

C.

Minimum Requirements.

1.

A permitted home occupation shall not occupy more than twenty-five percent (25%) of the floor area of the dwelling. A dwelling's floor area shall not consist of areas located within garages, basements and attics.

2.

The home occupation shall commence entirely within the residence building.

3.

The use of an accessory structure in conjunction with a home occupation located on any lot whose principal use is residential may be permitted by a special use permit. The special use permit, without further action by the Village Board, shall be null and void with the expiration of the home occupation permit.

4.

No residence may be used as an employee dispatch center. The operator of the home occupation shall be the full time occupant of the residence and a maximum of one nonresident full time employee or two part time nonresident employees shall be allowed. "Nonresident" means that the person affiliated with the home occupation does not live at the residence. "Part time" means a maximum of four (4) hours of work per day.

5.

Animal care and boarding facilities are not allowed as home occupations including animal hospitals, kennels and commercial stables.

6.

Under no circumstances shall a vehicle repair or bodywork or auto-detailing business qualify as a home occupation.

7.

No food service related activities including catering shall be allowed as a home occupation.

8.

A permitted home occupation is restricted to a service-oriented business prohibiting the mass production of items or products or the sale of items or products on the premises. Examples of service-oriented businesses are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services.

9.

No additional parking facilities other than a residential driveway shall be allowed. Up to two spaces may be provided in conjunction with the driveway as approved by the Zoning Administrator.

10.

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises. Deliveries and pick-ups associated with the home occupation shall only be allowed from 8:00 a.m. to 7:00 p.m. and vehicles associated with these activities shall be those normally associated with home parcel delivery and pick up, not tractor-trailers.

11.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

12.

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

13.

In addition to all signage requirements of this Code, a maximum of one sign shall be allowed denoting the name of the home business. The sign shall be a maximum of two square feet in area, not be illuminated, and be wall mounted and in character with the surrounding neighborhood.

14.

Other than the allowed sign, there shall be no exterior evidence that a home occupation is present from the public right-of-way or from adjacent properties. No activity associated with the home occupation shall be incompatible or noticeable to neighboring properties.

15.

A home occupation permit must be secured from the Village Clerk. The initial fee and annual renewal fees shall be charged in accordance with the fee schedule adopted by the Village Board.

D.

Revocation. Revocation of a home occupation permit may be made for the following reasons:

1.

Any change in the use for which the permit was issued;

2.

Failure to allow required inspections;

3.

Failure to comply with the applicable provisions herein;

4.

Violation of any Village ordinance, state law, or federal law.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. There are circumstances where family members of any age may have to relocate to a relative's home. For some, the need of privacy and limited independence is still wanted; therefore, a suite like living area may be created. In order to prevent single-family residences with in-family suites from evolving into multi-family residences, certain restrictions are required.

B.

Minimum Requirements:

1.

The dwelling unit shall appear as a single-family dwelling. A separate walled garage area and/or driveway is not permitted;

2.

A separate address is not permitted;

3.

Separate utility connection and/or meters are not permitted;

4.

A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other non-living area. A door may be used to separate the in-family suite from the rest of the dwelling unit, but may not be locking, except that a locking door may be used for the bedroom and/or bathroom doors of this in-family suite;

5.

The in-family suite may contain separate kitchen, dining, bathroom, laundry, living, sleeping and recreation areas, including exterior porches, patios, and/or decks. In addition to the internal physical connection required above, separate outdoor access and/or separate access to the garage, may be provided. External stairs which serve as the primary access to the in-family suite are prohibited;

6.

The in-family suite may not be occupied by a non-family member;

7.

There must be a minimum of 200 square feet of habitable space for the first occupant and one hundred fifty (150) square feet of space for each additional occupant of the in-family suite;

8.

In-family suites should be considered and regulated as part of a single-family dwelling unit;

9.

When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as an in-family suite, the building plan shall be marked as "Not a separate dwelling unit or an apartment," and a signed letter from the applicant stating agreement with this condition shall be required.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. Land uses in this category include drive-in, drive-through and drive-up facilities. These include but are not limited to: express vehicle service/vehicle maintenance, gas stations, car washes and other vehicle oriented land uses. Land uses that primarily are indoor sales/service uses, but also offer the convenience of vehicle related sales and service are not included in this category. These land uses include restaurants and banks with drive-through windows, and convenience stores that also sell fuel. Uses otherwise permitted by right in certain districts without drive-in, drive-through, and drive-up facilities may only be approved under the special use review procedures of this title if proposed to include drive-in, drive-through, and drive-up facilities.

B.

Minimum Requirements:

1.

Clearly marked pedestrian crosswalks must be provided for all customer entrances adjacent to the drive-through lane.

2.

The drive-through facility shall not impede vehicular or pedestrian movement.

3.

In no instance shall a drive-through facility be permitted to operate if it endangers or has the potential to endanger public safety.

4.

The minimum setback for any canopy or similar structure shall be ten feet from the front property line, 20 feet from any residentially zoned district and five feet from all other property lines.

5.

The total height of any overhead canopy or similar structure shall not exceed twenty (20) feet as measured to highest part of the structure.

6.

The canopy shall be incorporated into the overall design of the building.

7.

Interior concrete curbs to separate driving areas from fixtures such as fuel pumps and menu boards shall be required and be a minimum of six inches high and be of a non-mountable design. No curb protecting an exterior feature shall be located closer than 25 feet to all property lines.

8.

All vehicular areas of the facility shall provide a surge paved area with concrete or bituminous material designed to meet the load requirements of a minimum four (4) ton axle vehicle.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. It is the purpose of this section to assure that any development and production of wind generated electricity in the Village and its WECS jurisdiction is safe and effective; facilitate economic opportunities for local residents; and promote the supply of wind energy in support of Illinois' statutory goal. WECS projects are categorized as either Planned or Mini in order to better fit the different development areas of the Village.

B.

Applicability. This section governs the siting of WECS and substations that generate electricity to be sold to wholesale or retail markets in addition to personal consumption.

C.

Prohibition. No WECS or substation governed by this section shall be constructed, erected, installed or located within the Village or its WECS jurisdiction unless prior siting approval has been obtained for each individual WECS and substation pursuant to this section.

D.

Definitions. The following words and terms when used in the interpretation and administration of this Section 8-7-9 shall mean the following:

Applicant. The entity or person who submits to the Village an application for the siting of any WECS or substation.

Operator. The entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.

Owner. The entity or entities with an equity interest in the WECS(s), including their respective successors and assigns. Owner does not mean (1) the property owner from whom the land is leased for locating the WECS, unless the property owner has an equity interest in the WECS; or (2) any person holding a security interest in the WECS solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell the WECS at the earliest practicable date.

Primary structure. The structure that one or more persons occupy the majority of the time on that property for either business or personal reasons. Primary structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.

Substation. The apparatus that connects the electrical collection system of the WECS and increases the voltage for connection with the utility's transmission lines.

E.

Special Use Applications. For special use permit applications involving multiple WECS towers, only one application is required. Although processed as one special use, each tower within a WECS special use shall be charged the established special use fee.

F.

Planned WECS. Planned WECS are typically large scale projects either on the fringe of the Village's boundary or within its mile and a half extra territorial jurisdiction. Energy produced by Planned WECS is typically for wholesale or retail purposes. The following information is required in all applications for Planned WECS projects:

1.

Size. The WECS site must be 40 acres or more in size. An existing principal structure does not preclude placement of a WECS.

2.

A "WECS Project Summary," including, to the extent available:

a.

A general description of the project, including its approximate name plate generating capacity, the potential equipment manufacturer(s), type(s) of WECSs, number of WECSs and name plate generating capacity of each WECS, the maximum height of the WECS tower(s) and the maximum diameter of the WECS(s) rotors.

b.

A description of the general location of the project.

c.

A description of the applicant, owner, and operator, including their respective business structures and their previous WECS experience.

d.

A general business plan outlining all major events that will take place over the useful life of the WECS project.

3.

The site plan of the WECS site showing. boundaries of the project; location of each WECS tower guy lines and anchor bases (if any); all WECS structures including but not limited to the project substation, interconnect substation and location and voltage of any overhead transmission lines; property lines; setback lines; public access roads; location of all existing structures with their uses identified and land use, zoning, public roads and structures within one thousand (1,000) feet of the WECS site.

4.

The WECS meets the requirements of the Federal Aviation Administration or other state or federal laws.

5.

The WECS provide for the minimum setbacks as follows:

a.

From primary structure(s): 2,000 feet from any principal structure. The distance shall be measured from the point of the primary structure foundation to the WECS tower closest to the center of the WECS tower foundation. The owner of the primary structure may waive this setback requirement but in no case shall a WECS tower be located closer to a primary structure than one and one- half (1.50) times the WECS tower's height.

b.

From public roads, third party transmission lines and communication towers: one and one-half (1.50) times the WECS tower's height.

c.

From the property lines not part of the WECS site: all WECS towers shall be setback a distance of at least one and one-half (1.50) times the WECS tower's height. The Village may waive this setback requirement.

6.

Submittal of a noise assessment including average and maximum noise levels at WECS perimeter. The WECS noise levels shall not exceed fifty-three (53) decibels at the property line. The applicant shall demonstrate compliance with noise requirements as part of the application.

7.

The WECS shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from the Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL) or an equivalent third party.

8.

The appearance of the WECS surface shall be a non-reflective, unobtrusive white or grey color. No advertising signs or graphic design shall be permitted on the WECS.

9.

The WECS shall have the following safety measures:

a.

All wiring between wind turbines and the wind energy facility substation shall be underground whenever possible.

b.

WECS tower shall not be climbable up to 15 feet above ground level.

c.

All access doors to WECS tower and electrical equipment shall be lockable.

d.

Signs shall be posted warning of high voltage on WECS towers, electrical equipment and WECS site entrances.

e.

All WECS shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.

f.

Visible, reflective, colored objects, such as flags, reflectors or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.

10.

The WECS lighting shall not be lighted except as required by the Federal Aviation Administration or other state or federal law.

11.

The use of public roads shall be identified to be used for transporting WECS or substation parts and/or equipment for construction, operation or maintenance of the WECS or substation(s) and shall:

a.

Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage.

b.

Submit an acceptable financial security in an amount determined to be appropriate to the Village to be used for the purpose of repairing any damage to public roads caused by constructing, operating or maintain the WECS if not done by the WECS owner/operator when construction of the project is completed.

12.

The WECS is not installed in any location where its proximity with the existing fixed broadcasting, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in a location along major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.

13.

The applicant shall demonstrate that the WECS will not interfere with the communications of the local emergency service providers, the Village of Poplar Grove and Boone County Emergency Telephone System.

14.

The applicant shall conduct and submit a shadow flicker study. The study shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations. The study shall identify problem areas where shadow flicker may interfere more than one hour per day with residences and other existing uses and describe measures that shall be taken to eliminate or mitigate the problems. Any safety problems identified by the Village Engineer caused by shadow flicker on roads shall be eliminated or mitigated.

15.

At the time of special use permit application, the Village and the applicant, owner, and/or operator must formulate a decommissioning plan to ensure that the WECS project is properly decommissioned. The decommissioning plan shall include:

a.

Provisions describing the triggering events for decommissioning the WECS project;

b.

Provisions for the removal of structures, debris and cabling, including those below the soil surface;

c.

Provisions for the restoration of soil and vegetation;

d.

An estimate of the decommissioning costs certified by a professional structural engineer;

e.

Financial assurance, acceptable to the Village, secured by the owner or operator, for the purpose of adequately performing decommissioning, in an amount equal to the professional structural engineer's certified estimate of the decommissioning costs;

f.

Identification of and procedures for Village to access the financial assurances;

g.

A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns, or heirs; and

h.

A provision that the Village shall have access to the site, pursuant to reasonable notice, to effect or complete decommissioning.

16.

Submittal of an avian habitat study from a qualified professional, such as an ornithologist or wildlife biologist to determine if the WECS will have a substantial adverse impact on birds. Reasonable actions to mitigate such adverse impacts shall be identified.

17.

Maintenance requirements are:

a.

The owner or operator of the WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the Zoning Administrator. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the Village reasonably requests.

b.

Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under Section 8-7-8F. of this section. Like-kind replacements shall not require re-certification. Prior to making any physical modification (other than like-kind replacements) the owner or operator shall confer with a third-party certifying entity identified in Section 8-7-8F. to determine whether the physical modification requires re-certification.

18.

Coordination with local fire departments shall include the following:

a.

The applicant, owner or operator shall submit to the local fire department(s) a copy of the site plan.

b.

Upon request by the local fire department(s), the owner or operator shall cooperate with the fire department(s) to develop the fire department's emergency response plan.

c.

Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.

19.

Requirements for materials handling, storage and disposal are:

a.

All solid wastes related to the construction, operation and maintenance of the WECS shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.

b.

All hazardous materials related to the construction, operation and maintenance of the WECS shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.

20.

The owner or operator of the WECS shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate.

21.

Remedy procedures are:

a.

The applicant's, owner's, or operator's failure to materially comply with any of the above provisions shall constitute a default under this title.

b.

Prior to implementation of the existing Village procedures for the resolution of such default(s), the appropriate Village body shall first provide written notice to the owner and operator, setting forth the alleged default(s). Such written notice shall provide the owner and operator a reasonable time period, not to exceed 60 days, for good faith negotiations to resolve the alleged default(s).

c.

If the Village determines in its discretion, that the parties cannot resolve the alleged default(s) within the good faith negotiation period, the existing Village Title provisions addressing the resolution of such default(s) shall govern.

22.

Future operators, successors, assigns, or heirs shall agree in writing to accept and to conform to all provisions of the special use permit. Prior notice to the Village of the intent to sell or transfer ownership shall be done in a timely manner. Such agreement shall be filed with and accepted by the Village before the transfer to a new operator, successors, assigns, or heirs shall be effective.

G.

Mini WECS. Mini WECS are typically small scale projects within the Village. Energy produced by Mini WECS is typically for personal consumption. The following information is required in all applications for Mini WECS projects:

1.

Mini WECS shall be considered an accessory use permitted by special use.

2.

Tower height shall be less than 35 feet when freestanding and no more than 25 feet above building roof in commercial and industrial districts and ten feet above building roof in residential districts when located on the building.

3.

All parts of the Mini WECS structure shall be setback a distance equal to one and one-tenth (1.1) times the system height from the property lines. Mini WECS shall not be permitted in the front yard. When located on an existing building there shall be no setback.

4.

Noise levels shall not exceed standards set by the Illinois Pollution Control Board.

5.

All Mini WECS shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a small wind certification program recognized by the American Wind Energy Association.

6.

The Mini WECS Surface shall be a non-reflective, unobtrusive color (usually white or gray). No advertising signs or graphic designs shall be permitted on the Mini WECS. The manufacturer's identification with ratings is allowed.

7.

All Mini WECS shall be un-climbable for 15 feet above ground level. A visible "High Voltage" warning sign shall be placed on the Mini WECS.

8.

The Mini WECS shall not be lighted except as required by the Federal Aviation Administration or other state or federal laws.

9.

The Mini WECS shall provide electricity for on-site use only; however, the Mini WECS may be connected to the commercial grid.

10.

Evidence that the local electric utility has been informed of the customer's intent to install an interconnected customer-owned generator, if applicable.

11.

All freestanding Mini WECS shall be located in the side or rear yards.

12.

All mini WECS not in operation for a period of 12 months shall be removed.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. As energy demands increase the need for alternate sources rises. It is the purpose of this section to provide opportunity for residents to utilize alternate energy sources in a safe and effective manner.

B.

Minimum Requirements:

1.

Any solar collectors shall be installed either on the roof of the principal structure or accessory structure or shall be otherwise incorporated into and made an integral part of the main building. The maximum height and setback regulations of the zoning district in which it is proposed shall be observed.

2.

No solar collector, solar engine or accessories, pipes or ducts for any solar collector or shall be installed on any roof having a slope of less than one percent (one-eighth (1/8) of an inch per foot or one centimeter per meter).

3.

Installations on low sloped roofs shall comply with the following requirements:

a.

Clearances. All collectors, reflectors, engines, pipes, ducts and other components shall have sufficient clearance between the roof and the installation to permit roof repairs to be made and to permit circulation of air to avoid constant dampness. A space of two feet or 61 centimeters shall be adequate clearance in all instances, provided that a smaller space shall be permitted if it can be demonstrated that all normal repairs and resurfacings of the roof may be made under the proposed clearances. The clearances required herein shall not apply to vertical pipes installed through the roof surface or installed outside of the outside walls to provide access to solar components.

b.

Load capacity. No solar component shall be installed on any roof unless the roof has sufficient capacity to hold the weight of the roof, the weight of the solar components and the anticipated snow load. Load requirements must meet the Village of Poplar Grove's adopted building code. The weight of fluid to be used in any panels, pipes or other components will be included in the calculations of load. In determining the anticipated snow load, the effect of the solar components on causing drifting shall be considered. All solar collectors shall meeting building code requirements.

c.

Protection from drifting or sliding snow. On any installation where solar collectors, solar engines and reflectors may cause snow to drift on a roof, provisions shall be made by snow fences, chutes or other barriers to prevent snowdrifts from accumulating on the roof. Wherever a solar collector or other solar component may cause snow to slide, the part of the roof where the snow may accumulate as a result of sliding shall have sufficient capacity to hold the weight of the snow anticipated to accumulate because of sliding. Wherever the location and slope of a solar collector or other solar component may cause snow to slide onto any doorway, sidewalk or other place used by pedestrian traffic, protection in the form of chutes, awnings or other devices shall be provided to prevent any snow from sliding onto any such doorway, sidewalk or other place.

d.

Roof penetration. Wherever any pipe, duct or other solar component penetrates the surface of a roof, the roof shall be protected from leaks in the manner provided for any stack, pipe, or conduit penetrating the roof surface.

e.

Roof preparation. Before any solar component is installed, the roof shall be inspected and any repairs and maintenance work needed shall be done to put the roof in leak proof condition.

4.

All of the requirements for installations on low sloped roofs shall apply to installations on roofs other than low sloped roofs, except that in lieu of clearance from the roof, a solar panel may be attached flush to the roof. Such solar panel may be an integral part of the roof, providing a waterproof cover, with a waterproof seal between the panel and the rest of the roof. If such panel is not made an integral part of the roof but is attached flush with the roof, the top and sides of the panel shall be sealed where they meet the roof surface or shingles, to prevent water from getting under the panel.

5.

Any roof over three stories above the ground shall be provided with a means of access other than an outside ladder against an outside wall. No solar components shall be installed in a location so as to interfere with walkways on any roof.

6.

Each solar component which may contain any liquid or gas shall be designed and constructed to prevent the leakage of any liquid or gas under any combination of temperature and pressure possible either during use or when the system is not in use.

7.

Each solar collector, solar panel and solar engine shall be securely anchored to withstand the maximum wind pressure anticipated, considering the effects, if any, of the solar components in channeling wind, and without considering the weight of any liquid in the components.

8.

Each solar collector, reflector, solar engine and all solar components shall be inspected at least once every two years. Such inspections shall be at the owner's expense and may be made by any qualified person selected by the owner. The inspection shall include looking for any evidence of dampness on the roof due to shading, lack of air circulation or leaks, and shall include examining the structural parts securing all components. The Zoning Officer may request a certified report of such inspection to be provided by the owner/applicant. If such request is required by the Zoning Officer it shall be in writing and provided by the owner/applicant within 30 days.

9.

Nothing in this section shall be interpreted as prohibiting any innovative design. Any design not specifically permitted by this chapter may be installed, upon a showing that the proposed system of solar components will achieve the safety objectives and structural objectives of the provisions of this title.

10.

Nothing herein contained nor any permit issued hereunder, shall be constructed to restrict or limit the use and development of any adjoining or other premises.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. It is the intent of this Section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (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.

Applicability. Unless otherwise provided in this Title, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered, in any zoning district except in compliance with the requirements of this section.

1.

A special use is required for all adult-use cannabis establishments.

2.

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.

3.

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

C.

Minimum Requirements.

1.

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:

(a)

Facility may not be located within 250 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.

(b)

Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

2.

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:

(a)

Facility may not be located within 250 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.

(b)

Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

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:

(a)

Facility may not be located within 250 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.

(b)

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

(c)

At least 75 percent 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 8-7-10-C(3)(d) below in the same tenant space.

(d)

Facility shall not host on-site consumption of cannabis.

4.

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:

(a)

Facility may not be located within 250 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.

(b)

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

(c)

At least 75 percent 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.

5.

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:

(a)

Facility may not be located within 250 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.

(b)

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

(c)

At least 75 percent 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.

6.

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:

(a)

Facility may not be located within 250 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.

(b)

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

(c)

The transporting organization shall be the sole use of the tenant space in which it is located.

D.

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 Section 8-5-7 of the Poplar Grove Zoning Ordinance. In a co-location, the 75 percent floor space requirement shall not apply, but the co-located establishments shall be the sole use of the tenant space.

E.

Revocation: Revocation of an adult-use cannabis establishments may be made for the following reasons:

1.

Any change in the use for which the permit was issued;

2.

Failure to allow required inspections;

3.

Failure to comply with the applicable provisions herein;

4.

Violation of any Village Ordinance, State law, or Federal Law (not pertaining to cannabis).

(Ord. No. 2019-35, § 7, 10-16-2019)

A.

Purpose: It is the intent of this Section to provide regulations regarding the processing of meat for individual customers and the on-site retail business. Indoor Retail Sales/Slaughterhouse shall be operated like a butcher shop with a processing area in the rear. Minimum requirements are meant to assist in the business appearing more as a butcher shop than a slaughterhouse, reducing potential negative impacts and visible signs of meat processing.

B.

Minimum Requirements:

1.

Must have a Type 1 License issued by the Illinois Department of Agriculture.

2.

A portion of the building shall be dedicated to the indoor retail sales, i.e. meat products, cooking accessories, etc.

3.

Compliance with Title 6, Chapters 2 and 3 of the Village of Poplar Grove Municipal Code.

4.

Live animals shall not be brought on-site between the hours of 7:00 p.m. and 6:00 a.m.

5.

Except for active loading and unloading, live animals shall not be allowed outside the building. All holding pens shall be part of the same building as the indoor retail sales/slaughterhouse.

6.

An eight foot privacy fence plus required landscaping shall be installed to screen animal handling from public view.

7.

Live animals shall not be kept for longer than 24 hours.

8.

Manure shall be removed from the premises daily.

9.

Offal and butcher's refuse shall be removed from the premises in odor- proof containers.

10.

No structure shall be within 150 feet of a residential property.

(Ord. No. 2020-19, § 3, 7-22-2020)

A.

General Temporary Outdoor Sales. Includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted or special use, or a special event otherwise regulated by the Village Municipal Code. Examples of this land use include but are not limited to: seasonal garden shops and tent sales. The temporary use regulations are:

1.

The display shall be limited to a maximum of six days in any calendar year.

2.

The display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Signage shall comply with the requirements for temporary signs in Chapter 11.

4.

Adequate parking shall be provided.

5.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

6.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

B.

Contractor's Project Office: Includes any structure containing an on-site construction management office for an active construction project. The temporary use regulations are:

1.

The structure shall not exceed 2,000 square feet in gross floor area.

2.

The facility shall be removed within ten days of completion of or issuance of occupancy permit for construction project.

3.

The temporary use shall not be used for sales activity. (See subsection E. below.)

4.

Any projects requiring land use to be in place for more than 365 days shall require a special use permit.

5.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

C.

Contractor's On-Site Equipment Storage Facility: Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project. The temporary use regulations are:

1.

The facility shall be removed within ten days of completion of or issuance of occupancy permit for construction project.

2.

The use shall be limited to a maximum area not exceeding ten percent of the property's gross site area.

3.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

4.

Any projects requiring land use to be in place for more than 365 days shall require a special use permit.

D.

Re-locatable Building: Includes any manufactured building which serves as a temporary building for less than six months. The temporary use regulations are:

1.

The use shall conform to all setback regulations.

2.

The use shall conform to all building code regulations.

3.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

E.

On-Site Real Estate Sales Office: Includes any building or model home that serves as an on-site sales office for a development project. The temporary use regulations are:

1.

The facility shall be removed or converted to a permitted land use within ten days of the completion of sales activity.

2.

Signage shall comply with the requirements for temporary signs in Chapter 11.

3.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

F.

Seasonal Outdoor Sales of Farm Products: Includes any outdoor display of farm products not otherwise regulated by the Village of Poplar Grove Municipal Code. The temporary use regulations are:

1.

The display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

2.

Signage shall comply with the requirements for temporary signs in Chapter 11.

3.

Adequate parking shall be provided.

4.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

5.

The use shall be limited to no more than six months per year.

6.

The use shall conform to all setback regulations.

7.

The use shall conform to all building code regulations.

8.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

G.

Garage Sales: Up to two garage sales per calendar year are permitted subject to the provisions of this section. The temporary use regulations are:

1.

The display shall be limited to a maximum of three days per event.

2.

The display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Signage shall comply with the requirements for temporary signs in Chapter 11.

4.

If subject property is located in a residential area, sales and display activities shall be limited to daylight hours.

5.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

H.

Construction Dumpsters: Includes any commercial sized refuse receptacle that is used for the purpose of storing excess materials and debris from active construction sites. The temporary use regulations are:

1.

The construction dumpsters shall be removed at time of certificate of occupancy issuance or if on-site building activity has ceased for a period of 30 consecutive days.

2.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

I.

Temporary Outdoor Food Stands: Includes the sale of food and drink from push carts, two wheel carts and two wheel trailers outside the confines of a building which is not otherwise permitted as a permitted or special use, or a special event otherwise regulated by the Village Municipal Code. The temporary use regulations are:

1.

The display shall be limited to the period from April 1 to November 30 of each year.

2.

The display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Only the warming and cooling of food and beverages shall be permitted.

4.

No grills or open flames are allowed.

5.

Generators shall be prohibited.

6.

If the property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

7.

All carts and accessories shall be removed daily.

8.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

J.

Temporary Outdoor Seating and Services: Includes additional seating areas that are accessory to land uses classified as indoor sales and services. Seating areas shall be used for the consumption of food and beverages only and for a limited portion of the calendar year. (Activities such as providing music, entertainment, installing permanent structures, etc. shall fall under the land use classification of Outdoor Retail Sales or Service.) The temporary use regulations are:

1.

The outdoor seating area shall only be utilized between May 1 and November 1 as stated on the required permit application.

2.

The outdoor seating area shall operate only between 7:00 a.m. and 8:00 p.m.

3.

The outdoor seating area shall have a visible barrier such as a fence or other structure sturdy enough to prevent refuse from leaving the area.

4.

There should be adequate garbage cans for disposal of any trash provided within the outdoor seating area.

5.

If the outdoor seating area is located on the private sidewalks, it shall leave adequate area to meet pedestrian orientated ADA requirements and fire codes relating to ingress and egress. Seating shall not be located in the parking area.

6.

The outdoor seating area shall not block ingress or egress from the restaurant or neighboring businesses.

7.

The outdoor seating area shall not be distracting to passing pedestrians or vehicles.

8.

The temporary use shall comply with all other applicable codes and ordinances in addition to Section 8-5-9, standards and procedures applicable to all temporary uses.

K.

Tents for Special Events. Tents for nonresidential special events include those uses for festivals and receptions, but not specifically outdoor sales. The temporary use regulations are:

1.

The tents may be allowed for a period of time no longer than three days prior to and three days after the special event.

2.

The tents shall not be allowed for longer than ten days without a special use permit.

3.

The use shall comply with Section 8-5-9, standards and procedures applicable to all temporary uses.

(Ord. 2012-012, 3-13-2012; Ord. No. 2019-35, § 8, 10-16-2019; Ord. No. 2020-19, § 4, 7-22-2020)

Editor's note— Ord. No. 2020-19, § 4, adopted July 22, 2020, renumbered the former § 8-7-11, temporary uses and special events, to § 8-7-12, as set out herein.

A.

Applicability. Shipping containers are allowed as a permanent accessory structure in the Agricultural (A1), General Business (GB), Central Business (CB), Light Industrial (LI) and Heavy Industrial (HI) zoning districts, subject to adherence to the below standards and conditions:

1.

Special Use Permit. A special use permit shall be obtained prior to any shipping container being permitted to be located or utilized on any property.

2.

The location of a shipping container shall conform to the following setback requirements:

Agricultural District 50 feet (front) ten feet (side) 15 feet (rear)

General Business District 15 feet (front) ten feet (side) 15 feet (rear)

Central Business District 15 feet (front) ten feet (side) 15 feet (rear)

Light Industrial District 30 feet (front) ten feet (side) 15 feet (rear)

Heavy Industrial District 30 feet (front) ten feet (side) 15 feet (rear)

No Shipping container shall be located within any easement area.

3.

The maximum number of shipping containers on any site shall be as follows:

Agricultural District 5 Containers

General Business District 1 Container

Central Business District 1 Container

Light Industrial District 1 Container/acre, max. of three total

Heavy Industrial District 1 Container/acre, max. of three total

4.

Shipping containers shall not exceed eight feet in width, 60 feet in length and ten feet in height. Stacking of shipping containers is not permitted.

5.

Shipping containers shall be placed on a level surface of asphalt or concrete.

Exception. Shipping containers used exclusively for the purpose of storage (i.e. no human occupancy) shall be allowed to be placed on a bed of compacted gravel no less than 12 inches thick subject to compliance with the following:

a.

The gravel base shall be level to avoid settlement;

b.

The area adjacent to the shipping container shall be graded to ensure water will runoff away from the shipping container;

c.

The excavation for the gravel base shall be removed to a clay base or similar for a suitable base.

6.

Use of a shipping container must be related to the primary use or business located on the property upon which the shipping container is located. The contents of a shipping container shall be disclosed to the Village.

7.

If a shipping container is used for the cold storage of items related to the primary use or business located on the property, the shipping container must be located in the rear yard of the property. If the use of a shipping container involves human occupancy related to the primary use or business located on the property, then the shipping container may be located in the front or side yard of the property. Any shipping container involving human occupancy shall conform with any and all applicable law, rules and regulations, including, but not limited to conformance with any laws, rules, and regulations regarding human occupancy and obtaining any and all applicable permits and licenses.

8.

Shipping containers must be maintained in a good condition and must be painted to match or be harmonious with the principal structure on the property. Shipping containers shall be maintained in a rust-free condition.

9.

The Village reserves the right to require screening and/or buffering of a shipping container.

10.

Violators of any of the regulations in this section shall be subject to a fine of not less than $100.00 nor more than $500.00, at the discretion of the Village. Each day that a violation exists shall constitute a separate offense."

B.

Notwithstanding the foregoing, the Village may allow for the use of shipping containers on Village owned property and such use shall not be subject to the requirements of this section with the exception that such shipping containers shall 1) be placed on a level surface of asphalt or concrete; and 2) be maintained in a good condition and must be painted to match or be harmonious with the principal structure on the property and shall be maintained in a rust-free condition.

(Ord. No. 2024-04, § 3, 5-8-2024)