(A)   Number Of Buildings On A Lot: In the R1, R2 and R3 districts there shall be no more than one principal building per lot. In all other districts, more than one building may be erected on a single lot, provided that all yard and bulk requirements hereof shall be met for each building as though it were a principal building on an individual lot.

   (B)   All Activities Within An Enclosed Building: Within all districts, all activities shall be conducted wholly within an enclosed building, with the exception of the following activities and uses:

      1.   Off street parking and loading in accordance with chapter 12, "Off Street Parking And Loading", of this title.

      2.   Outdoor businesses, and those businesses with a required outdoor component, including, but not limited to, outdoor entertainment, outdoor recreation, outdoor dining, car washes, kennels and similar business. Such businesses may be limited or outdoor components prohibited as a condition of a special use permit.

      3.   Outdoor storage and display areas in accordance with subsection 6-11-3(G), "Outdoor Storage And Display", of this chapter.

      4.   Temporary uses in accordance with section 6-10-3, "Temporary Uses", of this title.

   (C)   Frontage On A Public Or Private Street: All lots shall front on a public or private street.

   (D)   Maintenance Of Required Yards: No lot shall be reduced in area so that the yards become less than required by this title. The yards of a building or structure shall not be considered yard space for any other building or structure.

   (E)   Applicability Of Bulk Requirements: All buildings and structures erected after the effective date hereof shall meet the requirements for the zoning district in which the building or structure is located. No existing building shall be enlarged, altered, reconstructed, or relocated in such a manner that conflicts with the requirements of the zoning district in which the building or structure shall be located.

   (F)   Applicability Of Use Restrictions: No building, structure, or land shall be used for any use other than one allowed as either a permitted or special use in the zoning district in which such building, structure or land is located. Buildings, structures, or land may also be used for a temporary use or accessory use, in accordance with the requirements of section 6-10-3, "Temporary Uses", of this title and section 6-11-3, "Accessory Buildings, Structures, And Uses", of this chapter.

   (G)   View Obstruction: Notwithstanding any provisions relating to height hereinbefore stated, the visional clearance area at the intersection of two (2) streets, which shall be defined as a triangular area of a corner lot measured twenty feet (20') on the front lot line and twenty feet (20') on the corner side lot line, and shall not be obstructed by any sign, wall, fence, hedge, shrub or other object which exceeds thirty six inches (36") in height. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge, or shrub shall be reduced so that the visional clearance is not obstructed thirty six inches (36") over the grade of the street. The vision clearance area is illustrated in figure 3, "View Obstruction", of this section.

(Ord. 2006-37, 12-21-2006)

   (A)   Light Trespass:

      1.   No exterior lighting shall glare into, or upon, the surrounding area or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The light level shall be no greater than one-half (0.5) foot- candle at a residential property line and one foot-candle at any nonresidential property line or public right of way line.

      2.   Specifically, the following types of light trespass are prohibited:

         (a) Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.

         (b) Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.

   (B)   Unshielded Lighting: The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, to illuminate buildings, structures, outdoor sales areas, or outdoor storage or display areas is prohibited except on a temporary basis in areas where carnivals, fairs, or other similar activities are held and only when such activities are taking place.

   (C)   Light Pole Heights: The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, shall be as specified below. Building mounted fixtures may exceed these height limitations, provided that they are fully shielded. These standards do not apply to roadway lighting (that controlled by the Illinois department of transportation). Permitted light pole heights shall be as follows:

      1.   Nonresidential Districts: Light poles shall be designed with fully shielded luminaires which shall not exceed twenty feet (20') in height in the C1 and C2 districts, and thirty five feet (35') in height in all other nonresidential districts. Light poles on school sites or that light public outdoor recreational facilities shall not exceed sixty feet (60') in height.

      2.   Residential Districts: Light poles for single-, two- and three-unit uses shall not exceed eight feet (8') in height. Light poles for nonresidential, multi-unit and townhouse residential uses shall not exceed twelve feet (12') in height. Light poles on school sites or that light public outdoor recreational facilities shall not exceed sixty feet (60') in height. (Ord. 2006-37, 12-21-2006)

All accessory buildings, structures, and uses, as defined in chapter 16, "Definitions", of this title shall be subject to the requirements of this section and the requirements of section 6-11-4, "Permitted Encroachments", of this chapter.

   (A)   Accessory Buildings; Detached Garages, Private Greenhouses, Gazebos And Sheds:

      1.   No accessory building shall be constructed prior to construction of the principal building to which it is accessory.

      2.   Accessory buildings are prohibited within the required front, corner side or side yard of any lot.

      3.   The maximum height of any detached accessory structure, with the exception of detached garages, shall be ten feet (10') as measured to the peak of the roof. A detached garage shall not exceed sixteen feet (16') in height as measured to the peak of a pitched roof, but the maximum height of the side wall shall not exceed ten feet (10') in height. Garage doors shall not exceed eight feet (8') in height. See figure 4, "Accessory Building Height", of this section.

      4.   The combined square footage of all detached accessory buildings located in the rear yard shall not occupy more than thirty percent (30%) of the required rear yard. See figure 5, "Accessory Buildings", of this section.

      5.   Detached accessory buildings, including detached garages, must be located five feet (5') from a rear lot line and three feet (3') from any side lot line. See figure 5, "Accessory Buildings", of this section. However, those lots zoned R1 located along the 2900 block of Beulah Avenue, as bordered by Chestnut Avenue to the south and Franklin Avenue to the north, in accordance with section 6-6-6, "Beulah Avenue Existing Lots Of Record", of this title are permitted to locate rear garages on the rear lot line due to their unique angled configuration.

      6.   Accessory buildings shall be located a minimum of ten feet (10') from the principal building on a lot. See figure 5, "Accessory Buildings", of this section.

      7.   Secondary living units shall be prohibited. Existing secondary living units shall be deemed a legal nonconformity and shall be controlled by the provisions of chapter 15, "Nonconformities", of this title. In the case of detached secondary living units (such as "coach houses"), such units shall be deemed nonconforming structures, and in the case of living space located within and/or above a detached garage, such use shall be deemed a nonconforming use. Existing secondary living units are deemed a legal nonconformity but must be removed or discontinued within ten (10) years of the date of adoption hereof due to issues of safety, proper egress, lack of adequate parking and overcrowding within residential neighborhoods.

      8.   All new or replacement detached accessory structures shall require a concrete floor and footing as determined by the Building Commissioner or designee.

   (B)   Amateur (Ham) Radio Equipment: Towers that solely support amateur (ham) radio equipment and conform to all applicable performance criteria as set forth in section 6-11-5, "Environmental Performance Standards", of this chapter shall be permitted in the rear yard of residential districts. Ham radio towers shall be limited to the minimum height that is technically necessary to engage successfully in amateur radio communications as approved by the building commissioner.

   (C)   Arbors: Arbors are permitted encroachments into rear, front and corner side yards, provided they comply with the following requirements:

      1.   Each surface of the arbor or trellis shall be at least fifty percent (50%) open.

      2.   The arbor or trellis shall be set back a minimum of one foot (1') from any public right of way.

      3.   The maximum height shall be eight feet (8'), the maximum length six feet (6') and the maximum depth three feet (3').

      4.   Arbors and trellises are not permitted encroachments in interior side yards.

   (D)   Fences And Walls: As used in this Section, the following words shall have the meanings, respectively ascribed to them:

      GRADE: The average ground level at any point along the boundary of a lot.

      1.   Building Permit Required: No fence or wall shall be erected or replaced within the city without first obtaining a building permit.

      2.   Swimming Pool Fences: Swimming pool fences shall comply with the requirements of subsection (K) of this section.

      3.   Height: Fences and walls shall be constructed so as not to exceed the following heights:

         (a) Residential Districts: In any yard adjoining a street, height shall be limited to three and one-half feet (31/2') above grade, except in those cases where the fence or wall is located within the vision clearance area where they are limited to three feet (3') (see subsection 6-11-1(G) of this chapter). On all other lot lines or portions of lot lines the height of the fence or wall shall not exceed six feet (6') above grade. See figure 6, "Fence Or Wall Height", of this section for these dimensions.

         (b) Commercial Districts:

            (1) In the C1 and C2 districts, fences or walls are prohibited in the front and corner side yards. In rear and interior side yards, fences or walls shall be limited to six feet (6') above grade.

            (2) In the C3 and C4 districts, fence or wall height in any yard shall be limited to ten feet (10') above grade.

         (c) Manufacturing Districts: Fence or wall height shall be limited to ten feet (10') above grade in all manufacturing districts.

      4.   Fence Location: Fences that are not located within two inches (2") of the property line shall be located at least three feet (3') from the property line. Any space along the perimeter of the lot, between the fence and the property line, shall be properly maintained. See figure 7, "Fence Property Line Setback", of this section.

      5.   Construction And Design Requirements:

         (a)   All fence posts shall be placed on the inside of the fence.

         (b)   A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.

         (c)   Fences shall be designed and constructed to resist a horizontal wind pressure of not less than thirty (30) pounds per square foot in addition to all other forces to which they may be subject.

      (6)   Fence on Fence Regulations. Fence on fence installations between adjacent and neighboring properties are prohibited unless an applicant proposing to install a fence less than three feet (3') to an adjacent existing fence includes a proposed maintenance plan for any space under and between the existing fence and proposed fence which is approved by the building commissioner or his or her designee. The maintenance plan shall include a drainage plan so that surface precipitation does not to drain onto or into the adjacent property in any manner.

   (E)   Mechanical Equipment:

      1.   In residential districts, all ground based mechanical equipment including, but not limited to, heating, ventilating, and air conditioning units (HVAC), shall be located in the rear yard. In commercial and manufacturing districts, all ground based mechanical equipment shall be located in the rear or interior side yard.

      2.   In cases where it is impractical to locate mechanical equipment within the permitted yard, the building commissioner may approve an alternative location, which must be properly screened with landscaping, hedges, and/or fencing. Screening materials shall include masonry, wood, landscaped hedges or other opaque material.

      3.   All approved ground based mechanical equipment, including, but not limited to, heating, ventilating and air conditioning units (HVAC), shall be completely screened from public view. Screening materials may be solid concrete, masonry, wood, landscaped hedges or other opaque material, and shall effectively screen mechanical equipment so no portion is visible from a street or adjoining lot. Color and texture of a concrete or masonry screen wall shall be compatible with the color and texture of the primary buildings on the site.

      4.   Any heating, ventilation, or air conditioning equipment located on the roof of any structure in any zoning district shall be screened either by an architectural element of at least six feet (6') from any supporting wall of the building to permit safe access to the roof by the fire department.

      5.   Pool equipment is subject to the provisions of subsection (K), "Swimming Pools (Private)", of this section.

   (F)   Outdoor Fireplaces And Fire Pits: Permitted outdoor fireplaces and fire pits shall comply with section 8-1-11 of this code.

   (G)   Outdoor Storage And Display:

      1.   Retail goods establishments are permitted temporary outdoor sales and display areas in accordance with subsection 6-10-3(C)8, "Temporary Outdoor Sales And Display", of this title, which is distinct from the provisions of this section.

      2.   The following uses are permitted to have outdoor storage and display areas in accordance with the provisions of this subsection, and the screening requirements of chapter 14, "Landscaping And Screening", of this title:

Greenhouse/nursery, including the growing of plants in the open.

Heavy retail and service establishment.

Manufacturing, light.

Manufacturing, medium.

Motor vehicle dealership.

Motor vehicle operations facility.

Motor vehicle rental establishment.

Motor vehicle service and repair, major.

Motor vehicle service and repair, minor.

Additional accessory outdoor storage and display areas may be approved by the building commissioner.

      3.   All manufacturing, assembly, repair or work activity shall take place inside an enclosed building. No work shall take place outdoors.

      4.   No required parking area shall be used as an outdoor storage or display area.

      5.   No materials stored or displayed outdoors shall be of a greater height than that of the required screening.

   (H)   Porches:

      1.   Unenclosed porches are permitted encroachments into a rear yard but must be located five feet (5') from a rear lot line and three feet (3') from any side lot line.

      2.   Enclosed porches must meet all setback requirements.

      3.   Steps and stoops are not considered porches.

      4.   Unenclosed Porches are permitted encroachments into a front yard but must: (i) be located no more than six feet (6') from front of house and not exceed the width of the existing residential home; (ii) comply with current set-backs; and (iii) have a roof and not be enclosed in any manner.

   (I)   Retaining Walls:

      1.   If the face of a building is within fifteen feet (15') of a retaining wall, the height of the retaining wall shall be included in the building height calculation. The combination of the retaining wall height and the remainder of the building height above the wall shall not exceed the maximum building height limitation.

      2.   Retaining walls shall not encroach into any public right of way.

      3.   Retaining walls and terracing (in terms of landscaping) over two feet (2') shall not encroach into any front yard, unless deemed necessary by the village engineer.

   (J)   Satellite Dish Antennas:

      1.   General Requirements:

         (a) Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure.

         (b) Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on the satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.

         (c) Cables and lines serving ground mounted satellite dish antennas shall be located underground.

         (d) Compliance with all federal, state and local regulations shall be required in the construction, installation, and operation of satellite dish antennas.

         (e) All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well kept appearance. Antennas no longer in use must be removed.

      2.   Small Satellite Dish Antennas (Three Feet Or Less In Diameter): Small satellite dish antennas, which are three feet (3') or less in diameter, shall be subject to the general requirements of subsection (J)1 of this section. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right of way.

      3.   Large Satellite Dish Antennas (More Than Three Feet In Diameter):

         (a) Residential Districts:

            (1) Large satellite dish antennas shall be located in the rear yard and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet (5') from any lot line.

            (2) The overall height of a large satellite dish antenna shall not exceed twelve feet (12').

            (3) A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening shall include fences, plant materials, and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be at minimum five feet (5') tall at the time of installation.

         (b) Commercial And Industrial Districts:

            (1) A large satellite dish antenna shall be located in the rear or side yard, and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet (5') from any lot line.

            (2) Roof mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, as determined by the building commissioner, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than twenty five percent (25%) of the corresponding height or width of the screen.

            (3) Ground mounted satellite dish antennas shall provide screening, which includes fencing, berming, or landscaping to accomplish the following:

               A.   All ground mounted accessory equipment and the lower part of the support structure shall be completely screened.

               B.   Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.

   (K)   Swimming Pools (Private): It shall be unlawful to construct, maintain, install, or enlarge any swimming pool in the village except in compliance with all the provisions of title IV, chapter 19, "Private Swimming Pools", of this code. In addition, accompanying pool equipment is subject to the regulations of title IV, chapter 19 of this code.

   (L)   Tents: Tents shall comply with this code. (Ord. 2006-37, 12-21-2006; amd. Ord. 2025-06, 3-17-2025)

An encroachment is the extension or placement of any structure or building, or component of such, into a required yard. Permitted encroachments are found in table 11, "Permitted Encroachments", of this section.

   TABLE 11

   PERMITTED ENCROACHMENTS

   Y = Encroachment PermittedN = Encroachment Prohibited

 

(Ord. 2006-37, 12-21-2006)

All uses shall comply with the performance standards established in this section unless any federal, state, county or local law, ordinance or regulation establishes a more restrictive standard, in which case, the more restrictive standard shall apply.

   (A)   Noise: No activity or use shall be conducted in a manner that generates a level of sound, as measured on another property, in violation of title IV, chapter 22, "Noise", of this code. The limits shall not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property and transient noises from moving sources, such as motor vehicles, railroads, and aircraft.

   (B)   Glare And Heat: Any activity or the operation of any use that produces glare or heat shall be conducted so that no glare or heat from the activity or operation shall be detectable at any point off the lot on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

   (C)   Vibration: No earthborn vibration from the operation of any use shall be detectable at any point off the lot on which the use is located.

   (D)   Dust And Air Pollution: Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. No persons shall cause, or allow, the emission of fugitive particulate matter across lot lines visible to an observer looking generally toward the zenith, beyond the property line.

This requirement shall not apply when the wind speed is greater than twenty five (25) miles per hour. Determination of wind speed for the purposes of this rule shall be by a one hour average or hourly recorded value at the nearest official station of the U.S. weather bureau or by wind speed instruments operated on the site.

   (E)   Discharge And Disposal Of Radioactive And Hazardous Waste: The discharge of fluid and the disposal of solid radioactive and hazardous waste materials shall comply with applicable federal, state and local laws and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material shall commence without prior notice to the city. Notice shall be given at least three (3) weeks before the operation is commenced. Radioactive and hazardous material waste shall be transported, stored, and used in conformance with all applicable federal, state and local laws.

   (F)   Electromagnetic Interference: Electromagnetic interference from any operation of any use in any district shall not adversely affect the operation of any equipment located off the lot on which such interference originates.

   (G)   Odors: Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or which interferes unreasonably with the comfort of the public, shall be removed, stopped, or modified so as to remove the odor.

If, in a particular circumstance, a determination of an odor being qualified as a nuisance is inconclusive, the standard shall be that the emission of odors is prohibited when emitted in such quantities that it is detectable at any point along a lot line when diluted in the ratio of one volume of odorous air to two (2) volumes of clean air, as measured with a calibrated field olfactometer.

   (H)   Toxic Substances: The storage, handling, or transport of toxic substances shall comply with the state of Illinois pollution control board rules and regulations.

   (I)   Water Pollution: All uses shall comply with the state of Illinois pollution control board rules and regulations.

   (J)   Fire And Explosion Hazards: Materials that present potential fire and explosion hazards shall be transported, stored and used only in conformance with all applicable federal, state and local laws. (Ord. 2006-37, 12-21-2006)