In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Chapter shall be met for each structure as though it were on an individual lot.

(Ord. No. 2542, § 1, 9-12-2017)

All lots must front on a public or private street. Frontage on an alley or an interstate highway does not satisfy this requirement.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Visibility Clearance at Intersections. Except as otherwise provided in this section and in Section 46-134 (Fence or wall), visibility at intersections must be clear and unimpeded. Nothing may be installed, erected, placed, planted, maintained, or allowed to grow in the area described below.

a.

At a height between 2.5 and 10 feet above centerline grades of the intersecting streets (Street 1 and Street 2), and

b.

If the intersection is controlled by a traffic signal or stop sign, in the triangular area between the following three points:

i.

Point A: Located at the intersection of the right-of-way lines.

ii.

Point B: Following the right-of-way line of Street 1, located away from Point A by the distance of the required front yard depth of the adjacent lot.

iii.

Point C: Following the right-of-way line of Street 2, located away from Point A by the distance of the required front yard depth of the adjacent lot.

c.

If the intersection is not controlled by a traffic signal or stop sign, in the triangular area between the following three points:

i.

Point A: Located at the intersection of the right-of-way lines.

ii.

Point B: Following the right-of-way line of Street 1, located away from Point A by twice the distance of the required front yard depth of the adjacent lot.

iii.

Point C: Following the right-of-way line of Street 2, located away from Point A by the distance of the required front yard depth of the adjacent lot.

2.

Visibility Clearance at Driveways. To prevent obstruction of sight lines, nothing shall be constructed, erected, placed, planted, maintained, or allowed to grow in such a manner as to materially impede vision in the driveway visibility triangle defined as an area bounded by the front or side lot line, each side of any driveway, and a straight line joining points on the lot line measured 10 feet from the driveway and points along the driveway measured 10 feet from the lot line. Trees within this visibility triangle shall be trimmed so that the lower foliage line is maintained at least six feet above the crown of the adjoining pavement, except trees need not be trimmed in excess of one-third of their total height.

(Ord. No. 2542, § 1, 9-12-2017)

1.

A building permit is required for all fences and walls.

2.

Any fence or wall, bounding any yard and in any district, must be constructed or installed with any posts, other supporting material, or rough or unfinished material facing the interior of the lot on which the fence or wall is located.

3.

A fence or wall may be erected along property lines, but must not encroach within six inches of existing public sidewalks or public rights-of-way. Fences built on or within a public easement may be removed by the village or at the direction of the village at the owner's expense in the event that repairs, maintenance, replacements or improvements are deemed necessary by the village in such easements.

4.

A fence or wall must not obstruct the intersection visibility clearance area or driveway visibility clearance areas as described in Section 46-133. Fence or wall height shall be limited to 2.5 feet in these areas.

5.

Fences or walls that do not exceed eight feet in height are permitted in any required side or rear yard of any zoning district.

6.

Fences or walls in any required front yard of a residential district are permitted only as follows:

a.

No chain link fences shall be permitted in a residential front yard.

b.

Fences or walls providing less than 70 percent open visibility must not exceed three feet in height, subject to the provisions of Item 4 of this section.

c.

Fences or walls providing 70 percent or more open visibility must not exceed four feet in height, subject to the provisions of Item 4 of this section.

d.

On corner lots located at the intersection of any two street rights-of-way, the portion of the required front yard not designated as the mailing or postal address of the corner lot, and that does not extend into or overlap the required front yard designated as the mailing or postal address, may be treated as a side yard, and fences, walls and hedges that do not exceed six feet in height shall be permitted; provided, however, that:

i.

Such fences, walls and hedges are not permitted within five feet of any front lot line treated as being within a side yard; and

ii.

Such are subject to the restrictions contained in Section 46-133.

7.

Fences or walls in any required front yard of a non-residential district are permitted only as follows:

a.

No chain link fences shall be permitted in a non-residential front yard.

b.

Fences or walls providing less than 70 percent open visibility must not exceed three feet in height, subject to the provisions of Item 4 of this section.

c.

Fences or walls providing 70 percent or more open visibility must not exceed six feet in height subject to the provisions of Item 4 of this section.

d.

On corner lots located at the intersection of any two street rights-of-way, the portion of the required front yard not otherwise designated as the mailing or postal address of the corner lot, and that does not extend into or overlap the required front yard designated as the mailing or postal address (or the lesser distance as is parallel to the face of an existing building designated as the mailing or postal address and used for the principal use in the CB district), may be treated as a side yard, and fences and walls that do not exceed six feet in height shall be permitted; provided, however, that such fences and walls shall be not permitted within:

i.

10 feet of any front lot line treated as being within a side yard; or

ii.

Within the intersection visibility area or driveway visibility area described under Section 46-133.

8.

Any fence or wall must meet the following requirements:

a.

Fencing materials may include ornamental metal fencing, decorative wood fencing, or decorative vinyl fencing.

b.

Chain link fencing shall only be permitted as a fencing material under circumstances when it is used for the purpose of protecting persons or property and promoting public safety:

i.

In the Airfield (AF) District, the Industrial/Commercial (IC) District, Industrial (I) District, or

ii.

In any zoning district for a non-residential development provided that the chain link fencing material is vinyl-coated.

c.

Noncommercial grade solid wood stockade fencing and corrugated sheet metal fencing are prohibited as fencing materials.

d.

Wall materials may include masonry and precast decorative concrete panels. "Jersey" style modular concrete or plastic barriers are prohibited as a wall material.

e.

Masonry or concrete walls must have a column or other design variation every 20 feet.

f.

Materials and colors of fences and walls must be compatible with surrounding development and must be durable and intended for outdoor usage.

g.

A fence or wall equipped with barbed wire shall only be erected or maintained on property in a non-residential Zoning District, and shall not be located adjacent to a property in a Residential Zoning District, or a residential use. Any strands of such wire shall be at least six feet above ground level. The term "barbed wire" shall mean steel fencing wire constructed with sharp edges or points arranged at intervals along the strands. It shall be unlawful for any person to erect or maintain a fence or wall equipped with razor wire or any similar or other sharp or sharp-pointed material.

h.

No person shall erect or maintain anywhere in the village an above ground electrically charged fence or wall.

(Ord. No. 2542, § 1, 9-12-2017; Ord. No. 2760, § 2, 2-13-2024)

1.

Except as otherwise provided in this Chapter, required yards must be kept unobstructed and open to the sky for their entire depth and area.

2.

No building, structure, or portion thereof, or mechanical equipment shall be erected in, occupy or obstruct a required yard, except as follows:

a.

Cornices, sills, belt courses, eaves and other ornamental features to a distance of not more than 2.5 feet.

b.

Fire escapes to a distance of not more than five feet.

c.

Uncovered stairways and necessary landings, to a distance of not more than 4.5 feet.

d.

Bay windows and chimneys to a distance of not more than three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located, and provided further that in no case shall a bay window or chimney project into a required side yard more than one-third of said side yard.

e.

Terraces and open unenclosed porches (e.g., porches that may have roofs and mesh screening but that are not glassed in or otherwise walled or enclosed above a height of 2.5 feet above the porch floor) to an encroachment of five feet into a minimum required yard, regardless of the average setback, but not within five feet of the lot line. Open guardrails, when required by the building code, are not construed as a violation of this requirement. In addition, ramps or other structures for accessibility may encroach into required yards.

f.

Porte-cocheres or canopies, to a distance of no more than 2.5 feet.

g.

Driveways, walks, fences and underground structures.

h.

Concrete, asphaltic concrete, or other all-weather surfaces; provided, however, that parking is allowed only in accordance with provisions of Article 12 of this Chapter.

i.

Accessory structures in the R-1A, R-1, R-2A and R-2 districts.

j.

Flagpoles, decorative lights, lattices, birdbaths, birdhouses, and other landscape features.

k.

Open private balcony, provided that it does not occupy in the aggregate more than one-third of the length of the building wall per floor on which it is located. In no case shall any private open balcony be located within five feet of the property line.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Excavations of or the removal of topsoil from any property in the Village is prohibited except as such excavations or removal of topsoil is incidental to the erection and maintenance of structures or the use of property permitted by this and other ordinances of the Village.

2.

If incidental to the erection and maintenance as indicated in item 1. above, no removal for sale of sod, loam, clay, sand, gravel, or stone in connection with the construction of a building or other structure on the same zoning lot, or in connection with the regrading of a zoning lot, shall occur below legal street grade.

(Ord. No. 2542, § 1, 9-12-2017)

All accessory structures are subject to the following regulations, in addition to any other specific regulations within this Chapter:

1.

No accessory structure may be constructed on a zoning lot prior to construction of the principal building to which it is an accessory.

2.

No accessory building shall be erected in any required yard, except as provided in Section 46-135.

3.

No separate accessory building shall be erected within five feet of any other building.

4.

A building permit is required for the construction of an accessory structure, unless specifically exempted by this Chapter.

5.

In no case shall the detached accessory structure exceed the height of the principal structure, except when the detached accessory structure is a wind turbine, amateur (HAM) radio antenna, or flagpole.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Towers that solely support amateur (HAM) radio equipment are permitted only in the rear yard, and must be located a minimum of 10 feet from any lot line. Towers are limited to the maximum building height of the applicable district plus an additional 10 feet.

2.

Antennas may be ground- or building-mounted and are limited to the maximum building height of the applicable district plus an additional 10 feet.

3.

An antenna or tower that is proposed to exceed the height limitation of the district in which it is located requires a special use permit. The operator must provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications.

4.

Radio antennas and/or towers owned and operated by the Village are exempt from these requirements and other requirements of this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Clothing or goods donation boxes are permitted for nonresidential uses only.

2.

Only one clothing or goods donation box is permitted per lot.

3.

The clothing or goods donation box must be accessory to and owned by the principal use on the site. However, clothing or goods donation boxes that are not accessory to the principal use on the site shall be allowed on Village-owned property with the permission of the Village.

4.

Clothing or goods donation boxes may only be located along the facade of the building or in the corner side yard, interior side yard, or rear yard, and must be a minimum of 10 feet from any lot line. No clothing or goods donation box may be located within a parking space. No clothing or goods donation box may interfere with vehicle circulation on the site.

5.

The area surrounding the clothing or goods donation box must be kept clean and free of junk, debris or other material.

6.

Clothing or goods donation boxes must be maintained in good condition with no structural damage, holes, visible rust, or graffiti.

7.

Clothing or goods donation boxes must be locked or otherwise secured.

8.

Clothing or goods donation boxes must provide the following contact information on the front of each donation box: name, address, email address, and phone number of the operator.

9.

Clothing or goods donation boxes are limited to six feet in height and 60 cubic feet in size.

(Ord. No. 2542, § 1, 9-12-2017)

1.

The home occupation must be conducted by an individual or individuals permanently residing on the premises.

2.

No more than one person shall be employed in the home occupation, other than an occupant or occupants of the premises.

3.

Signs, displays, or activities that indicate from the exterior that the structure is being used for any purpose other than that of a residence are prohibited, with the exception of one non-illuminated identification sign on the wall of the structure not exceeding two square feet in area.

4.

The home occupation and all related activity, including storage, must be conducted completely within the dwelling unit or permitted accessory structure.

5.

No commodities shall be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services, using vehicles typically employed in residential deliveries.

6.

Alterations to the residence or permitted accessory structures that would alter the residential character of the dwelling are prohibited.

7.

The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way. All vehicle parking generated by such operations must be located on the lot of the home occupation.

8.

There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located, in excess of that normally associated with residential use.

9.

Repair and service of vehicles or industrial machinery are prohibited as a home occupation.

10.

Commercial breeding is prohibited as a home occupation.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Definitions.

Cutoff luminaire: A luminaire containing elements such as shields, reflectors, or refractor panels that direct and cutoff a direct view of the light source at a cutoff angle.

Floodlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

Foot-candle: A unit of measurement of light emitted, equal to one lumen per square foot.

Glare: The sensation produced by light within the visual field that are sufficiently greater than the light to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance and visibility.

Lamp: The part of the luminaire that produces the actual light.

Light pollution: Any adverse effect of artificial lighting, including but not limited to uplighting and sky glow, both of which diminish the ability to view the night sky, and light trespass.

Lumen: A unit of luminous flux. Luminous flux indicates how much light is perceived by the human eye. For the purposes of this section, the lumen output values shall be the initial lumen output ratings of a lamp.

Luminaire: A complete lighting system, including a lamp and a fixture.

Outdoor lighting: Outdoor, electrically powered illuminating devices, other outdoor lighting or reflective surfaces, and similar devices, whether permanently installed or portable, used for illumination or advertisement.

2.

Lighting plan required.

a.

A lighting plan is required for development that includes:

i.

Non-residential uses in residential zoning districts;

ii.

Developments that involve residential buildings containing more than four dwelling units;

iii.

Commercial, industrial, institutional, and public uses;

iv.

Planned Unit Developments; or

v.

A parking lot or parking area containing more than four parking spaces and located adjacent to a residential property.

Single-family dwellings, duplex dwellings, farm dwellings, and farm structures are exempt from a required lighting plan, but are still subject to the applicable lighting requirements.

3.

Any lighting plan must include the following information:

a.

A site photometric plan indicating foot-candle levels at grade to the lot lines.

b.

Specifications for all luminaires, poles, and luminaire mounting arms.

c.

Lighting specifications including foot-candle initial averages and maximum-to-minimum uniformity ratio.

d.

The location, mounting height, and lamp intensity for all exterior luminaries.

e.

An after-hours security lighting plan indicating not more than 33 percent of site lighting as operational.

4.

Outdoor lighting must not create a glare that may be hazardous for motorists, bicyclists, or pedestrians.

5.

In order to prevent unreasonable light pollution, any luminaire and all wall-mounted luminaries used for area light must use a cutoff luminaire positioned in a way that the cutoff effect is maximized. Tilt arms are prohibited.

6.

Facade and fascia lighting must be as follows:

a.

The exterior building facade lighting power must not exceed 0.25 W/ft ² of the illuminated area. Floodlights used for facade lighting may be no farther from the building than one-third the distance of the building height. The mounting height of such floodlights must not exceed the building height.

b.

Fascia lighting is limited to the side of the building facing the street and must not exceed an area twice the size of the building sign.

7.

Outdoor lighting must consider existing light sources that impact the site and land uses that will be impacted by the lighting.

a.

In order to prevent lighting redundancy, proposed new outdoor lighting must factor in existing light affecting the site, including light provided by public light fixtures.

b.

All outdoor lighting must have fixtures that shield affected residential areas and public rights-of-way from direct light.

8.

The requirements of light levels, luminaire mounting position, and timing of parking areas are as follows:

a.

Lighting levels must meet a uniformity ratio of 20:1.

b.

Average initial light levels must not exceed one foot-candle in residential zoning districts, and must not exceed two foot-candles in other districts regulated by this article.

c.

Light levels created by proposed new outdoor lighting must not exceed one foot-candle at the property line.

d.

All lighting under a canopy must be cutoff or recessed, with no lens dropping below the horizontal plane of the canopy. Light levels under the canopy must not exceed an average of 25 foot-candles at grade.

e.

Areas dedicated to the display of merchandise may have an average light level of up to 10 foot-candles.

f.

All exterior lighting shall be controlled by a photo sensor or time switch that automatically reduces exterior lighting when sufficient daylight is available, and automatically extinguishes no more than one hour after the close of business, excluding lighting for security purposes. Site security lighting shall not exceed 33 percent of the luminaires. Individual luminaires may not increase intensity for security lighting purposes.

9.

The exceptions to lighting of this section are as follows:

a.

All temporary lighting needed by police, fire, or other municipal departments, emergency services, as well as all vehicular luminaires, are exempt from the requirements of this article.

b.

All hazard warning luminaires required by law are exempt from the requirements of this article.

c.

Recreational and outdoor event lighting is exempt only during times the lighted area is actually in use. Recreational and outdoor event lighting must be installed in a way that minimizes light emitted above the horizontal and onto adjacent property.

d.

Lighting associated with a holiday.

e.

Other exceptions as required by law.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Area and density. Any mobile home park must contain an area of at least four acres or a maximum density of eight mobile home sites per acre of land. However, any mobile home park that existed as of January 1, 1988 with a total area of less than four acres or a total density of more than eight mobile home sites per acre of land may continue, but may not be altered or added to unless such alteration or addition is in conformity with this section.

2.

Yard requirements. Any mobile home park must have a required front yard of at least 35 feet and a required side and rear yard of at least 15 feet.

3.

Screening. Any mobile home park adjacent to any lot in any residential district must be screened from the adjacent lot by a visual barrier that is at least six feet in height and that complies with the standards set forth in this Chapter.

4.

Compliance with law. Any mobile home park must comply with all applicable requirements of the Mobile Home Park Act (210 ILCS 115/1 et seq.).

(Ord. No. 2542, § 1, 9-12-2017)

1.

Retail establishments are permitted accessory outdoor sales and display of merchandise. However, outdoor storage of goods not offered for sale by the establishment is prohibited.

2.

No sales and display area is permitted in any public right-of-way or in any required setback unless may be specifically allowed in the building permit, special use permit, or temporary use permit issued to allow for an accessory sidewalk café or similar accessory outdoor use. The sales and display area must be located within 15 feet of the principal building. Minimum pedestrian and vehicular access requirements must be maintained.

3.

A portion of the parking area may be used for outdoor sales and display on a temporary basis, no more than twice in a calendar year for a maximum of 45 days. Permanent display structures are prohibited in parking areas. No more than 10 percent of the required parking area for the existing use may be used for the temporary outdoor sales and display. A temporary use permit is required for this activity.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Refuse and recycling containers regulations apply only to multi-family dwellings and non-residential uses.

2.

All refuse and recycling containers must be fully enclosed on three sides by a solid fence, wall, or wall of the principal building. Such solid fence, wall, or wall of the principal building must be at least six feet in height, but no taller than eight feet in height. The enclosure must be gated. Such gate must be solid and must remain closed when not in use.

3.

When the extension of a principal building is used as a screening wall, the wall must be of the same building materials as the principal building. Such wall must not be the gated enclosure.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Definitions.

Dish-type satellite signal receiving antennas, earth stations, or ground stations: One or a combination of the following:

a.

A signal receiving device (antenna, dish antenna or dish type antenna), the purpose of which is to receive communication or other signals from satellites in Earth orbit.

b.

A low noise amplifier (LNA) that is situated at the focal point of the receiving component, the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.

c.

A coaxial cable to carry or transmit said signals to a receiver.

Grounding rod: A metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

Large satellite dish: The part of a satellite signal-receiving antenna characteristically shaped like a saucer or dish that is over 3.28 meters or six feet in diameter.

Receiver: A television set or radio receiver.

2.

Building permit required.

a.

A building permit is required prior to construction or installation of a large satellite dish antenna earth station.

b.

To apply for a building permit, the owner, or occupant with written permission from the owner, of any lot, premises or parcel of land within the village, who desires to construct a large satellite dish antenna earth station must submit a written application upon forms provided and approved by the Zoning Administrator, including a plot plan of the lot.

3.

Location of Earth Station.

a.

Ground-Mounted:

i.

No earth station shall be constructed in any front or side yard. Any earth stations must be constructed to the rear of the residence or main structure

ii.

Any earth station, including its concrete base slab or other structure, must be constructed at least five feet from any property line or easement.

iii.

No earth station shall be linked, physically or electronically, to a receiver that is not located on the same lot, premises, or parcel of land as is the earth station.

iv.

Earth stations have a maximum allowable height from grade of 15 feet.

v.

No ground-mounted earth station shall be constructed upon the rooftop of any garage, residential dwelling, church, school, apartment building, hospital, or other commercial building or structure.

b.

Roof-Mounted:

i.

Roof-mounted earth stations must be mounted directly upon the roof of a primary or accessory building, and must not be mounted upon appurtenances such as chimneys, towers, trees, poles or spires, except by variance.

ii.

A roof-mounted earth station must not exceed a height of more than six feet from the base of the roof.

(Ord. No. 2542, § 1, 9-12-2017)

1.

General Requirements. Building-mounted, building-integrated, flush-mounted, and ground-mounted solar energy systems must be erected and installed in accordance with this Chapter and all state and federal laws and regulations. All solar energy systems are subject to the following standards:

a.

Solar energy systems are permitted only as an accessory to a principal building or use.

b.

Solar energy systems must be installed according to manufacturer specifications and in accordance with all applicable Village codes and ordinances.

c.

Electric solar energy system components must have a UL listing.

d.

No grid-intertied photovoltaic system shall be installed until evidence is provided to the Village that the owner has submitted notification to the utility company of his or her intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

e.

If more than one roof area contains solar collectors that are building-mounted, the Fire Department must review and approve the installation of the solar collectors to verify that adequate roof access is provided to emergency personnel in the case of an emergency.

2.

Self-Contained Solar Energy System. Self-contained solar energy systems must comply with the following restrictions:

a.

On property used or zoned for residential or non-residential purposes, self-contained solar energy systems that are ground-mounted are limited to an aggregate solar collector surface area of less than or equal to six square feet.

b.

On property used or zoned for residential purposes, self-contained solar energy systems that are building-mounted are limited to an aggregate solar collector surface area of less than or equal to six square feet.

3.

Building-Mounted Solar Energy System.

a.

Residential Use or District.

i.

Building-integrated and/or flush-mounted solar energy systems are permitted on any roof area.

ii.

Non-flush-mounted solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five feet above the ground at any point along an abutting lot line.

iii.

Non-flush-mounted solar energy systems that cannot be screened from view require approval of a special use permit. However, a non-flush-mounted system is prohibited on any roof that is adjacent to the front setback and/or corner side setback.

iv.

The solar collector surface area is limited to 80 percent coverage of any roof area upon which the collectors are mounted, and must be set back from the roof edge by at least one foot. Requests for solar collector coverage greater than 80 percent of any roof area require approval of a special use permit.

v.

Non-flush-mounted solar energy systems must not extend above the highest point on the roofline, unless a special use permit is approved.

vi.

Building-integrated and/or flush-mounted solar energy systems must not project beyond the exterior wall of any building on which the system is mounted or built.

b.

Non-Residential Use or District.

i.

Building-integrated and/or flush-mounted solar energy systems are permitted on any roof area.

ii.

Non-flush-mounted solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five feet above the ground at any point along an abutting lot line.

iii.

Non-flush-mounted solar energy systems that cannot be screened from view require approval of a special use permit. However, a non-flush-mounted system is prohibited on any roof that is adjacent to the front setback and/or corner side setback.

iv.

The solar collector surface area is limited to 80 percent coverage of any roof area upon which the collectors are mounted, and must be set back from the roof edge by at least one foot. Requests for solar collector coverage greater than 80 percent of any roof area require approval of a special use permit.

v.

Non-flush-mounted solar energy systems must not extend above the highest point on the roofline or a parapet wall, unless a special use permit is approved.

vi.

Building-integrated and/or flush-mounted solar energy systems must not project beyond the exterior wall of any building on which the system is mounted or built.

4.

Ground-Mounted Solar Energy System. Ground-mounted solar energy systems require approval of a special use permit and must meet the requirements of this section.

a.

Ground-mounted solar energy systems are limited to a maximum height of 15 feet, unless the solar collector is attached to a conforming parking lot light pole or other monopole structure accessory to the lot.

b.

When a solar collector is attached to a conforming parking lot light pole or other permitted monopole structure that is accessory to the lot, the solar collector must not extend more than five feet above the height of the parking lot light pole or other monopole structure.

c.

Ground-mounted solar energy systems must be set back a distance less than or equal to the system height or five feet, whichever is greater, measured from the edge of the system to the nearest property line. However, a solar collector attached to a conforming parking lot light pole or other permitted monopole structure accessory to the lot may have a setback less than five feet.

d.

On property used or zoned for residential purposes, no part of a ground-mounted system is permitted in the front or corner side yard.

e.

No part of a ground-mounted system may be located in or encroach into a dedicated easement.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Private swimming pools and hot tubs are permitted as an accessory to a residential use.

2.

Private swimming pools and hot tubs must be operated for the exclusive use of residents of the lot and their invited guests. No private swimming pool or hot tub may be operated as a business or private club.

3.

No private swimming pool or hot tub, or portion thereof, including but not limited to, aprons, walks, and mechanical equipment integral to the pool, may be located within a front yard, or within a required corner side or interior side yard.

4.

Private swimming pools and hot tubs must be located at least 10 feet from a rear lot line unless approved in a side yard by variance, and cannot encroach into any easement.

5.

Non-residential swimming pools and/or hot tubs must be set back at least 100 feet from adjacent residential property lines.

6.

All swimming pools must construct barriers in accordance with the requirements of the Illinois Swimming Pool and Bathing Beach Act (210 ILCS 125/3.01).

7.

No swimming pool shall be installed beneath, or have any edge of the pool:

a.

Within 10 feet measured horizontally from an overhead or underground electrical wire, telephone wire, cable TV wire, or any other type of wire; or

b.

Within 25 feet measured horizontally from high voltage electrical feeder wires.

All diving boards, diving platforms, and diving towers must maintain a 17-foot distance, measured horizontally, from all wires. No pool shall be constructed within five feet of any type of buried wire.

8.

In-ground swimming pools must not be installed within a utility easement.

9.

The installation of a swimming pool, equipment, and paving must not change the existing water drainage characteristics of the site so as to cause water to drain onto an adjacent property.

10.

Swimming pools, in ground or above ground, of a design water depth of two or more feet must be enclosed by a fence of at least four feet or another barrier, constructed with minimal horizontal rungs in order to discourage climbing by children.

a.

The maximum width of openings in the fence is four inches. The maximum spacing between the bottom of the fence and the ground is two inches.

b.

A permanent in-ground swimming pool or fixed above ground pool, with or without raised decking, must have a privacy fence and gated around the pool or perimeter of the yard. The minimum height of this privacy fence is six feet.

c.

If the swimming pool is an above ground pool at least four feet high, the pool wall may serve as a barrier but a fence (and gate as described in Item 11 below) is still required around the access ladder to the pool.

11.

Gates in fences shall swing outward, shall be self-closing, and shall be self-latching with the latch located on the pool-side of the gate.

a.

Gates must be at least four feet in height. The maximum width of gate openings is four inches. The maximum spacing between the bottom of the gate and the ground is two inches.

b.

Gates must be constructed with minimal horizontal rungs in order to discourage climbing.

c.

Where a minimum fence height of six feet is required, a minimum gate height of six feet is also required.

12.

If the house or other structure has a door leading directly into the fenced pool area, an automatic audible alarm capable of producing a minimum of 120 decibels is required to sound when the door leading directly to the fenced pool area is opened.

13.

Swimming pool filter equipment must not be installed in a location where a child could climb on the equipment to gain access to the swimming pool.

14.

The swimming pool must not be filled with water until after the fence, gates, and door alarms have been installed.

(Ord. No. 2542, § 1, 9-12-2017)

Water features for single-family and duplex dwellings are limited to a maximum depth of 24 inches and a maximum surface area of 250 square feet, and do not require a building permit. Water features included in other developments require a building permit but are not subject to these limitations.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Applicability.

a.

The provisions of this Section apply to wind energy systems erected and operated within the corporate limits of the Village.

b.

Pre-existing wind energy systems as of [date of approval of this Chapter] are exempt from the provisions of this Section, with the exception of maintenance and removal of abandoned systems.

2.

The purpose of these regulations is to provide a uniform and comprehensive set of standards for the siting, installation, and operation of wind energy systems within the village. These regulations are intended to protect the public health, safety, and welfare of the community without unduly restricting the use of wind energy systems.

3.

Wind Energy System Definitions.

Ambient Sound: The sound at a given location, usually a composite of sounds from many sources, near and far. For the purpose of this Section, the "ambient sound level" shall mean the quiescent background level (e.g., the quietest of 10-second average sound levels measured when there are no nearby or distinctly audible sound sources). Daytime ambient measurements should be made during mid-morning weekday hours and nighttime measurements should be made after midnight.

Building-Mounted Wind Energy System (BMWES): A wind energy system mounted on a building.

On-Site Wind Energy System (OWES): A wind energy system with a total rated capacity of between 101 and 250 kilowatts, that is incidental and subordinate to, and that generates power for, the principal use of the zoning lot on which it is located. Excess electricity may be used by the utility company in exchange for a reduction in cost of electrical power supplied by that company.

Private Waiver: A written statement signed by a landowner asserting that he or she has agreed to waive a specific small wind energy system (SWES) separation distance requirement or rotor diameter size limit, and has knowingly agreed to accept the consequences of the waiver.

Rotor: The rotating part of a wind turbine, including the blades, blade assembly, and rotating portion of the generator.

Rotor Diameter: The diameter of the circle swept by the rotor.

Shadow Flicker: A repetitive oscillation of light and shadow cast when light passes through and is interrupted by moving wind turbine blades.

Small Wind Energy System (SWES): A wind energy system with a total rated capacity of no more than 100 kilowatts that is incidental and subordinate to, and that generates power for, the principal use of the zoning lot on which it is situated. Excess electricity may be used by the utility company in exchange for a reduction in cost of electrical power supplied by that company.

Sound Level: The A-weighted sound pressure level in decibels (dB) (or the C-weighted level, if specified), as measured using a sound level meter that meets the requirements of a Type 2 or better precision instrument according to the American National Standards Institute (ANSI) S1.4. The "average" sound level is time-averaged over a suitable period using an integrating sound level meter that meets the requirements of ANSI S12.43.

Test Wind Tower: A temporary wind speed indicator constructed to analyze the potential for utilizing a wind energy system at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Total Extended Height: The height of a wind energy system turbine as measured from natural grade to the tip of the rotor blade at its highest point of travel.

Wind Energy System: All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, tower, electrical components, foundation, transformer, and electrical cabling.

4.

Test Wind Tower. A Test Wind Tower shall be permitted in all zoning districts as a temporary use for no more than 18 months. An extension of this time period, not to exceed an additional 18 months, may be granted at the discretion of the Village Board upon submittal and review of sufficient evidence to support the requested extension.

5.

Table 11-1 contains an overview of wind energy systems zoning restrictions. Table 11-2 describes the type of authorization required for wind energy systems as an accessory use.

Table 11-1. Overview of Wind Energy Systems Zoning Restrictions

Table 11-1 Notes:

1.

Table 11-2 contains specific limitations with regard to permitting requirements for a wind energy system as an accessory use in each zoning district.

2.

Except for a BMWES, the "maximum height" refers to total extended height of each wind energy system.

3.

The maximum rotor diameter shall be limited based on specified separation distances in this section.

Table 11-2. Authorization Required for Wind Energy Systems as an Accessory Use¹

Table 11-2 Notes:

1.

All structures must conform, as applicable, to the regulations and standards of the Federal Aviation Administration, Federal Communications Commission, and Illinois Department of Transportation, Division of Aeronautics.

2.

Structures in the AF District must not exceed a height of 50 feet.

6.

Building-Mounted Wind Energy System (BMWES).

a.

A BMWES is considered an accessory use in all zoning districts.

b.

A BMWES is subject to the following requirements:

i.

A BMWES must meet the design standards set forth in item 9 of this section.

ii.

The maximum height of a BMWES is 10 feet, as measured from the highest point of the roof for all uses in a residential district, and 15 feet, as measured from the highest point of the roof for all uses in non-residential zoning districts.

iii.

The rotor diameter of a BMWES must not exceed 10 feet.

iv.

The minimum setback for a BMWES must be equal to the required minimum yard (front, rear, and side) for the zoning district in which it is located. The setback must be measured horizontally from the farthest outward extension of all moving parts to the nearest lot line.

v.

If more than one BMWES is installed, a minimum distance equal to the height of the highest BMWES must be maintained between the base(s) of each BMWES.

vi.

The maximum number of BMWES on a property shall be based on setback and separation requirements as set forth in the above items iv. and v.

vii.

The building upon which the BMWES is to be mounted must be able to safely support operation of the BMWES.

7.

Small Wind Energy System (SWES).

a.

A SWES is considered an accessory use in all zoning districts.

b.

A SWES must meet the following requirements:

i.

A SWES shall meet the design standards set forth in item 9 of this section.

ii.

The total extended height of a SWES must not exceed 125 feet in residential districts and 155 feet in non-residential zoning districts.

c.

The maximum allowable rotor diameter of a SWES is as follows:

i.

15 feet on a lot with less than one acre of lot area.

ii.

24 feet on a lot with one acre or more of lot area.

iii.

Rotor diameter greater than 24 feet may be authorized as follows:

(a)

When the separation distance from the SWES to the nearest dwelling under other ownership is at least 8.3 times the rotor diameter, up to a maximum diameter of 75 feet; and

(b)

When the lot area is three acres or larger.

d.

The minimum setback for a SWES is the distance equal to the total extended height of the SWES from all lot lines, public rights-of-way, railroad rights-of-way, and overhead utility lines. The setback must be measured from the center of the SWEC tower's base.

e.

The requirements of items c. and d. above, may be lessened if a variance is granted by the PZC or Village Board, and provided that prior to the decision regarding such a variance request, that each landowner with property that falls within the required setback distance as indicated in item c. and item d. above:

i.

Submits for review a signed private waiver that establishes a specific agreement for a lesser requirement with regard to either item c. or item d., or both item c. and item d. above, which includes the landowner's acknowledgement and acceptance of the consequences of the waiver; and

ii.

The signed private waiver is recorded as part of the chain of title in the deed to any relevant tract of land prior to the authorization of any permit.

f.

No SWES guide wire anchors may extend closer than 10 feet to the lot line, or the distance of the required setback in the respective zoning district, whichever results in a greater setback.

g.

No part of a SWES shall be located on any public easement.

h.

In residential districts and commercial zoning districts, a SWES must be located entirely behind the principal building.

8.

On-Site Wind Energy System (OWES).

a.

An OWES shall be considered an accessory use in the Agriculture District, I-1 Industrial District, and I-2 Industrial District.

b.

An OWES shall be subject to the following requirements:

i.

An OWES shall meet the design standards set forth in item 9 of this Section.

ii.

The total extended height of an OWES must not exceed 175 feet. If located within 500 feet of an existing off-site dwelling or boundary of a residentially zoned lot, the total extended height must not exceed 155 feet.

iii.

The maximum allowable rotor diameter of an OWES shall be as follows:

(a)

15 feet on a lot with less than one acre of lot area.

(b)

24 feet on a lot with one acre or more of lot area.

(c)

Rotor diameter greater than 24 feet may be authorized as follows:

A.

When the separation distance from the OWES to the nearest dwelling under other ownership is at least 8.3 times the rotor diameter, up to a maximum diameter of 75 feet; and

B.

When the lot area is three acres or larger.

iv.

The minimum setback for an OWES is the distance equal to the total extended height of the OWES from all lot lines, public rights-of-way, railroad rights-of-way, and overhead utility lines. The setback shall be measured from the center of the OWES tower base.

v.

No OWES guide wire anchors may extend closer than 10 feet to the lot line, or the distance of the required setback in the respective zoning district, whichever results in a greater setback.

vi.

No part of an OWES shall be located on any public easement.

9.

Visual Appearance Design Standards. In addition to all other applicable requirements of this section, wind energy systems must be constructed in conformance with the following design standards:

a.

SWES are required to have a monopole type tower.

b.

A wind energy system must be the color supplied by the manufacturer or a non-reflective, non-obtrusive color such as off white or light gray. The required coloration and finish must be maintained throughout the life of the system.

c.

No illumination of a wind energy system shall be allowed unless required by the Federal Aviation Administration. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to surrounding land uses.

d.

Signs, commercial markings, messages, or banners on the wind energy system are prohibited, except for one warning sign of no more than four square feet in area.

e.

All on-site electrical transmission lines connecting a wind energy system to a building or public utility electricity distribution system or substation must be located underground. Plans must be submitted showing the location of underground conduit and cable located within the public right-of-way.

10.

Safety Standards. In addition to all other applicable requirements of this section, wind energy systems shall be constructed in conformance with the following safety standards:

a.

All wind energy systems must be equipped with an automatic over-speed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

b.

On a tower-mounted wind energy system with a vertically mounted rotor, a minimum clearance of 10 feet between the ground and the lowest arc of the rotor blades is required. On a tower-mounted wind energy system with a horizontally mounted rotor, a minimum clearance of 20 feet between the ground and the lowest arc of the rotor blades is required.

c.

Wind energy system towers must be designed to discourage unauthorized climbing by removal of climbing rungs to a height of 12 feet, or by using a six-foot height fence with locking gates and doors and other applicable anti-climbing measures.

d.

All ground-mounted electrical and control equipment must be labeled and secured to prevent unauthorized access.

e.

At a minimum, a wind energy system must be engineered to withstand a wind velocity of 110 miles per hour.

f.

All wind energy systems must be designed and sited so that they shall not cause any significant electromagnetic interference with any radio, television, microwave communication, or satellite navigation on other properties.

i.

All wind energy systems must comply with the Federal Communication Commission (FCC) requirements for electromagnetic interference, including FCC Part 15.

ii.

All wind energy system turbines must utilize nonmetallic rotor blades.

g.

A wind energy system must not produce vibrations detectible by persons without the aid of scientific instruments on any adjacent property.

h.

All wind energy systems must conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

i.

Wind energy systems must be designed and located to minimize shadow flicker.

i.

Shadow flicker expected to fall on a dwelling shall be considered acceptable provided that the shadow flicker will not fall on the location of concern for more than 30 hours per year.

ii.

Wind energy systems with a total extended height over 155 feet must be sited in a manner that does not result in significant shadow flicker impacts on adjacent properties. Significant shadow flicker impacts are defined as surpassing the threshold as described in item i. above.

iii.

A building permit and special use permit application for a wind energy system with a total extended height over 155 feet must include a shadow flicker study. The applicant has the burden of providing evidence that the shadow flicker will not have significant adverse impact. Using available software, the applicant must show calculated locations of shadow flicker caused by the wind energy system and the expected duration in total number of hours per year of the flicker cast upon adjacent dwellings and within the boundary of adjacent residentially zoned lots. Potential shadow flicker must be addressed either through siting or through other approved mitigation measures.

j.

Sound Level Limitations:

i.

No wind energy system or combination of wind energy systems on a single lot shall create noise that exceeds the regulatory standards set by the Illinois EPA Pollution Control Board at any property line where the wind energy system is located. Measurement of sound levels must not be adjusted for, or averaged with, non-operating periods. Any wind energy system exceeding this level must immediately cease operation upon notification by the Village and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by an independent third party inspector approved by the village, at the property owner's expense. Only upon Village Board review and acceptance of the third party noise level report may the wind energy system resume operation.

11.

Additional Permit Application Requirements. In addition to the requirements established in Article 16 for a building permit application, a permit application for a wind energy system must include:

a.

A copy of the manufacturer's standard drawings of the wind turbine structure and stamped engineering drawings of the tower, base, footings, and/or foundations as provided by the manufacturer, sufficient to prove that the wind energy system is safe for the use intended. Wet stamps are not required.

b.

A copy of the wind turbine manufacturer's certification of compliance with FCC requirements with the building permit application.

c.

Certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

d.

Evidence must be given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

e.

Such evidence and documentation as required to verify that the wind energy system meets all other zoning ordinance requirements.

12.

Maintenance. All wind energy systems must be maintained in good condition and in safe working order throughout the life of the system. If the system is not maintained in operational condition and/or poses a potential safety hazard, the owner must immediately correct the situation at his or her own expense. Any wind energy system found to be unsafe by the Zoning Administrator or Village Board-appointed designee must stop operation immediately upon notification by the Village. If the owner fails to correct the unsafe condition, the village president or his or her appointed designee may remove or cause to be removed, altered, or repaired, at cost to the owner, an unsafe wind energy system immediately and without notice, if, in his or her opinion, the condition of the system is such that is presents an immediate threat to the safety of the public.

13.

Removal of an Inoperable Wind Energy System. A wind energy system or individual turbine is considered a public nuisance if it has been inoperable or has not been operated to generate any electricity for 180 or more consecutive days. If a wind energy system is derelict for 180 or more consecutive days, the owner shall be notified that they must, within six months of receiving the notice, restore their system to operating condition. If the owner(s) fails to restore their system to operating condition within the six-month period, then the owner shall be required, at his or her own expense, to remove the wind energy system. Removal of a wind energy system that constitutes a public nuisance must include removal of the turbines, tower, and any above ground improvements, including fencing. If the owner fails to remove the wind energy system within one month, the Village Board or appointed designee shall send a notice that the wind energy system is in violation of this Chapter and subject to a daily fine as provided for in this Chapter.

14.

Violation. Should a wind energy system or any part thereof violate the requirements of this Section, the owner must cease operations immediately. Upon receipt of a complaint or the notice of a complaint, the Zoning Administrator must make a determination as to whether there is a violation requiring the immediate cessation of operation. The system may resume operation once the violation(s) have been remedied.

15.

Pre-Existing Wind Energy Systems.

a.

Pre-existing wind energy systems are allowed to continue. Routine maintenance are permitted for such pre-existing systems.

b.

A building permit and any other necessary zoning and development approvals must be obtained to alter, enlarge, extend, replace, or relocate a pre-existing wind energy system.

c.

If a pre-existing wind energy system is nonconforming with this Section, it must not be altered, enlarged, extended, or relocated in such a way that the nonconformity of the system is increased.

d.

Pre-existing wind energy systems that are substantially damaged or destroyed must be rebuilt to conform to this section.

(Ord. No. 2542, § 1, 9-12-2017)