For the purpose of this chapter, all land lying within the corporate limits of the village is hereby divided and classified into the following use districts, hereafter referred to as "zones." Said zones are listed in order from the highest, designated as "R-1" or one-family residential, to the lowest, "U" or unrestricted. In general, all uses permitted in any higher zones are also permitted in a lower zone unless specifically prohibited.

(Ord. of 2-3-1956, § 6; Ord. No. 689, 6-16-1996; Ord. No. 696, 12-1-1992; Ord. No. 957, § 2, 3-15-2011; Ord. No. 1010, § 2, 5-6-2014)

(a)

Uses permitted in R-1 and R-2 zones; minimum size of residence.

(1)

The uses permitted in the R-1 single-family and R-2 two-family (duplex) zones are as follows:

a.

One one-family (R-1 single-family zone) residence per lot or one two-family (R-2 two-family zone) residence per lot, of a permanent character placed in permanent location, and, incidental to such use:

1.

Storage of not more than two motor vehicles of which not more than one shall be a commercial vehicle, limit one-ton capacity.

2.

Other accessory buildings, such as playhouse, toolshed, hobby shop, etc.

3.

As incidental to a single-family residence use in an R-1 zone, providing lodging or table board or both for not more than eight persons.

4.

Professional offices and home occupations. Such offices or occupations:

i.

Shall not involve any change in the external appearance of the residence or customary accessory building;

ii.

As to space used, shall be clearly incidental to the residential use;

iii.

Shall not include the selling or offering for sale of any article not produced on the premises, nor the display of any products on a stand or otherwise;

iv.

Shall be conducted solely by the permanent members of the resident family; and

v.

Shall not have a display sign other than one identification sign not exceeding two square feet in area.

b.

Private greenhouses and horticultural collections, flower and vegetable gardens (not commercial truck gardens) fruit trees, berries, shade trees and ornamental shrubs.

(2)

In R-1 and R-2 zoning districts, the minimum size of the one-family and two-family residence is as follows:

a.

All new construction of the main building on a 40-foot lot shall be a minimum of 900 square feet.

b.

All new construction of the main building on a 50-foot lot shall be a minimum of 1,140 square feet.

c.

All new construction of the main building on a 60-foot lot shall be a minimum of 1,440 square feet.

(c)

Uses prohibited in R-1 and R-2 zones. Uses expressly prohibited in the R-1 and R-2 zones are as follows:

(1)

Tents, trailer-coaches, shacks, garages or basement of an unfinished house used for residence purposes in R-1 or R-2 zones; except that, only in an R-1 zone, servants employed upon the premises may be quartered in an accessory building provided no kitchen or kitchen facilities are contained therein.

(2)

The sale of beer, wine, distilled liquors or any form of alcoholic beverage, except from nonconforming taverns which were operating prior to the adoption of the ordinance from which this chapter is derived and have continuously operated under village license since the adoption of said ordinance.

(3)

The construction of duplex residences (two-family) in an R-1 zone. All two-family residences (duplexes) in use and existence in the R-1 zone on the effective date of the ordinance from which this chapter is derived shall be a nonconforming use.

(4)

The outdoor parking of any truck tractor, tractor trailer, semi-tractor, or semi-trailer (cab portion, cargo portion or both) for a greater period than necessary to complete any commercial or industrial enterprise.

(5)

Cannabis business establishments.

(d)

Uses permitted in R-2 zone; maximum size and height of residences. The uses permitted in R-2 zone, two-family (duplex), are as follows:

(1)

One two-family residence per lot, of a permanent nature, placed in a permanent location, and, with the following use and size restrictions:

a.

All new construction of duplex residences shall be no greater than 1,600 square feet in size (excluding basement and garage) and shall be of a single-story construction; all new construction to existing duplex residences shall comply with these size and height restrictions.

b.

Other accessory buildings, such as playhouse, toolshed, hobby shop, etc.

c.

As incidental to a duplex or two-family use, providing lodging or table board for not to exceed four persons in each housekeeping unit.

d.

Professional offices and home occupations. Such offices or occupations:

1.

Shall not involve any change in the external appearance of the residence or customary accessory building;

2.

As to space used, shall be clearly incidental to the residential use;

3.

Shall not include the selling or offering for sale of any article not produced on the premises, nor the display of any products on a stand or otherwise;

4.

Shall be conducted solely by the permanent members of the resident family; and

5.

Shall not have a display sign other than one identification sign not exceeding two square feet in area.

(2)

Horticultural collections, flower and vegetable gardens (not commercial truck gardens), fruit trees, berries, shade trees and ornamental shrubs.

(e)

Pole buildings. Whenever a metal pole building or pole buildings of the type commonly referred to as Morton pole buildings and/or other similar manufactured type buildings are to be constructed within an R-1 or R-2 zoning district in the village, said buildings shall conform to the following restrictions and limitations:

(1)

Garage door height. The garage door height of said building shall not exceed eight feet measured from the finished floor of said garage.

(2)

Ceiling height of garage. The ceiling height of said garage as measured from the bottom of the ceiling joist to the finished floor of said garage shall not exceed the height of ten feet.

(3)

Maximum height of garage. The maximum height of said garage shall not exceed 16 feet in height measured from the floor to the roof peak.

(f)

Private garages and other accessory buildings. Whenever a private garage and/or accessory building, including all metal pole buildings or pole buildings, is to be constructed within an R-1 or R-2 zoning district in the village, said building shall conform to the following restrictions and limitations:

(1)

No newly constructed private garage shall be larger than the attached residential dwelling.

(2)

All new construction of accessory buildings shall be allowed in the rear 66 feet of the lot only.

(3)

All newly constructed detached accessory buildings shall not increase the combined total square footage of all detached accessory buildings on the lot to an amount greater than 960 square feet.

(Ord. of 2-3-1956, § 7; Ord. No. 656, § 1, 6-5-1990; Ord. No. 696, 12-1-1992; Ord. No. 811, §§ 3, 4, 6-5-2001; Ord. No. 875, § 2, 12-6-2005; Ord. No. 944, § 3, 4-20-2010; Ord. No. 957, § 3, 3-15-2011; Ord. No. 1125, § 3, 5-3-2022)

(a)

Uses permitted in R-3 zones; minimum size of residence.

(1)

The uses permitted in the R-3 (multiple-family) zone are as follows:

a.

Multiple-family dwellings, apartment buildings designed to accommodate three or more families, and incidental to such use:

1.

Other accessory buildings, such as playhouse, tool shed, hobby shop, etc.

2.

Providing lodging or table board for not to exceed four persons in each housekeeping unit.

3.

Professional offices and home occupations. Such offices or occupations:

a.

Shall not involve any change in the external appearance of the residence or customary accessory building;

b.

As to space used, shall be clearly incidental to the residential use;

c.

Shall not include the selling or offering for sale of any article not produced on the premises, nor the display of any products on a stand or otherwise;

d.

Shall be conducted solely by the permanent members of the resident family; and

e.

Shall not have a display sign other than one identification sign not exceeding two square feet in area.

4.

Pole buildings. Whenever a metal pole building or pole buildings of the type commonly referred to as Morton pole buildings and/or other similar manufactured type buildings are to be constructed within an R-3 zoning district in the village, said buildings shall conform to the following restrictions and limitations:

a.

Garage door height. The garage door height of said building shall not exceed eight feet measured from the finished floor of said garage.

b.

Ceiling height of garage. The ceiling height of said garage as measured from the bottom of the ceiling joist to the finished floor of said garage shall not exceed the height of ten feet.

c.

Maximum height of garage. The maximum height of said garage shall not exceed 16 feet in height measured from the floor to the roof peak.

5.

Private garages and other accessory buildings. Whenever a private garage and/or accessory building, including all metal pole buildings or pole buildings, is to be constructed within an R-3 zoning district in the village, said building shall conform to the following restrictions and limitations:

a.

No newly constructed private garage shall be larger than the attached residential dwelling.

b.

All new construction of accessory buildings shall be allowed in the rear 66 feet of the lot only.

c.

All newly constructed detached accessory buildings shall not increase the combined total square footage of all detached accessory buildings on the lot to an amount greater than 960 square feet.

(2)

Horticultural collections, flower and vegetable gardens (not commercial truck gardens), fruit trees, berries, shade trees and ornamental shrubs.

(3)

The minimum size of the multiple-family dwelling or apartment building is as follows:

All new construction of the main building shall be a minimum of 900 square feet per dwelling unit, and lot size shall be not less than 1,600 square feet of lot area per family unit.

(b)

Uses permitted in R-4 zones.

(1)

The uses permitted in an R-4 zone shall be limited to hotels, motels, lodginghouses, lodges and boardinghouses all as defined and set forth in this chapter. No other uses shall be permitted under an R-4 zone.

(2)

Hotels, motels, lodginghouses, lodges and boardinghouses, at the rate of not more than one unit per 1,000 square feet of lot area, exclusive of areas devoted to drives, toilets, washrooms, playgrounds and other common purposes.

(c)

Uses prohibited in R-3 and R-4 zones. Uses expressly prohibited in the R-3 and R-4 zones are as follows:

(1)

Tents, trailer-coaches, shacks, garages or basement of an unfinished house used for residence purposes in R-3 or R-4 zones; except that, only in R-3 and R-4 zones, servants employed upon the premises may be quartered in an accessory building provided no kitchen or kitchen facilities are contained therein.

(2)

The sale of beer, wine, distilled liquors or any form of alcoholic beverage, except for hotels, motels, lodginghouses, lodges and boardinghouses where alcoholic beverages are offered to the general public.

(3)

Cannabis business establishments.

(Ord. No. 723, §§ 1—3, 2-15-1994; Ord. No. 1010, § 3, 5-6-2014; Ord. No. 1125, § 4, 5-3-2022)

All uses permitted in the B (business) zone are as follows:

(1)

The new construction of duplex residences (two-family), multiple-family dwellings and apartment buildings designed to accommodate three or more families.

(2)

All existing single family, duplex residences (two-family), multiple-family dwellings and apartment buildings designed to accommodate three or more families in use and existence in the B-business zone on June 15, 2014 shall be classified as existing nonconforming, and shall be rezoned R- upon application by the owner and thereafter deemed a permitted use in said R-zoning.

(3)

Mixed use (uses permitted in the B-business zone combined with multiple-family dwellings/apartment buildings) existing in the B-business zone on June 15, 2014 without a special use shall be classified as existing nonconforming, and shall be granted a special use for the multiple-family dwelling/apartment building upon application by the owner, and thereafter deemed a permitted use in said B-business zoning.

(4)

Multiple-family dwellings/apartment buildings combined with uses permitted in the B-business zone (mixed use) without a special use permit for the multiple family dwelling/apartment building.

(5)

Cannabis business establishments.

(6)

Accessory buildings and uses ordinarily incidental to any of the above uses, when located on the same lot, and not involving the conduct of a business.

(7)

Advertising signs and billboards, as herein defined.

(8)

Retail store, such as:

a.

Antique shops.

b.

Bake shops.

c.

Clothing stores.

d.

Confectioneries.

e.

Dairy bars.

f.

Drug stores.

g.

Dry goods stores.

h.

Florist shops.

i.

Furniture stores.

j.

Grocery stores and food lockers.

k.

Hardware stores.

l.

Jewelry stores and watch repair.

m.

Laundry agencies.

n.

Libraries, rental for profit.

o.

Meat markets and dressed poultry.

p.

News agencies.

q.

Notions.

r.

Nurseries, sale of plants and shrubs.

s.

Paints and varnishes, sale of.

t.

Radio and television, sales and services.

u.

Sporting goods.

(9)

Business offices and agencies, such as:

a.

Advertising agencies.

b.

Automobile agencies.

c.

Automobile clubs.

d.

Employment agencies.

e.

Insurance agencies.

f.

Messenger services.

g.

Real estate offices.

h.

Telephone and telegraph offices.

i.

Travel bureaus.

(10)

Financial institutions, such as:

a.

Banks.

b.

Brokerage offices.

c.

Loan offices.

d.

Automobile financing.

(11)

Personal service shops, such as:

a.

Barber shops.

b.

Beauty parlors.

(12)

Schools for gain, such as:

a.

Business colleges.

b.

Dramatic schools.

c.

Dancing academies.

d.

Beauty culture schools.

e.

Trade schools.

(13)

Shops and studios, such as the following, employing not more than 15 persons on the premises):

a.

Bakeries.

b.

Catering establishments.

c.

Dyeing and cleaning plants, provided that use and storage of cleaning fluids complies with state fire regulations.

d.

Furriers' shops.

e.

Locksmith's shops.

f.

Motor and electric shops.

g.

Painting and decorating.

h.

Photography studios and laboratories.

i.

Plumbing shops.

j.

Print shops.

k.

Tailoring, dress making and millinery.

(14)

Professional offices (practitioners shall be duly licensed where a state license is required):

a.

Chemist and other scientists.

b.

Chiropodists.

c.

Chiropractors.

d.

Dentists.

e.

Engineers.

f.

Fine arts, studios.

g.

Lawyers.

h.

Literary.

i.

Physicians.

j.

Surgeons.

k.

Surveyors.

l.

Social case workers.

m.

Psychologists.

n.

Psychiatrists.

But not fortune tellers, phrenologists, physiognomies, numerologists, graphologists, astrologers and psychics.

(15)

Restaurants, tearooms, milk-bars and other similar establishments serving meals, refreshments and non-alcoholic beverages.

(16)

Garages, as herein defined, but not including auto wrecking yards, as also herein defined.

(17)

The storage, display, sale, lease, or rental of new and used motor vehicles (in drivable condition) and the parts thereof, including cleaning and preparation of said motor vehicles for display, sale, lease, or rental. For purposes of this section, "motor vehicles" shall include automobiles, motorcycles, pick-up trucks, sport utility vehicles, and light to medium duty commercial trucks.

(18)

Gas stations, as defined herein, provided the plans, location and construction of storage tanks conform to the regulations of the state and have the approval of the state division of fire prevention; provided also that no garage service, battery repair, tire rebuilding or automobile washing (except hand washing) shall be permitted in connection with such gas stations unless an area of at least 500 square feet is used.

(19)

Funeral homes and undertaking establishments.

(20)

Athletic clubs, lodges and fraternal organizations operating for gain and rendering services customarily provided as a business.

(21)

Commercial amusements, such as:

a.

Billiard halls.

b.

Bowling alleys.

c.

Commercial gymnasiums.

d.

Dance halls.

e.

Pool rooms.

f.

Movie houses.

g.

Theaters.

(22)

The sale of alcoholic beverages. This is the only zone where alcoholic beverages may legally be sold or offered for sale, except nonconforming taverns which were operating prior to the adoption of the ordinance from which this section is derived, and have continuously operated under license from the village since the adoption of such ordinance and except for hotels, motels, lodginghouses, lodges and boardinghouses where alcoholic beverages are offered to the general public.

(23)

Taverns, package stores and the wholesale distribution of alcoholic beverages.

(24)

Hotels, restaurants, clubs and other establishments where alcoholic beverages are offered at to the general public.

(25)

Pole buildings. All pole buildings or similar type buildings constructed in a B-business zone in the village shall be constructed with a face brick covering the entire front of said building facing the public street.

Uses prohibited in B zone. Uses expressly prohibited in the B-business zone are as follows:

(1)

The new construction of duplex residences (two-family), multiple-family dwellings and apartment buildings designed to accommodate three or more families.

(2)

All existing single family, duplex residences (two-family), multiple-family dwellings and apartment buildings designed to accommodate three or more families in use and existence in the B-business zone on June 15, 2014 shall be classified as existing nonconforming, and shall be rezoned R- upon application by the owner and thereafter deemed a permitted use in said R-zoning.

(3)

Mixed use (uses permitted in the B-business zone combined with multiple-family dwellings/apartment buildings) existing in the B-business zone on June 15, 2014 without a special use shall be classified as existing nonconforming, and shall be granted a special use for the multiple family dwelling/apartment building upon application by the owner, and thereafter deemed a permitted use in said B-business zoning.

(4)

Multiple-family dwellings/apartment buildings combined with uses permitted in the B-business zone (mixed use) without a special use permit for the multiple family dwelling/apartment building.

(Ord. of 2-3-1956, § 8; Ord. No. 504, § 1, 11-4-1975; Ord. No. 720, § 1, 12-21-1993; Ord. No. 1010, § 4, 5-6-2014; Ord. No. 1101, § 2, 2-18-2020; Ord. No. 1125, § 5, 5-3-2022)

(a)

Uses permitted in I-1 zones. Uses permitted in I-1 zones are as follows:

(1)

All uses permitted in R-1, B Group (a) and B Group (b) zones.

(2)

Shops such as those listed in section 90-114 but employing more than 15 persons on the premises.

(3)

Animal hospitals.

(4)

Aircraft factories.

(5)

Assembly plants, machinery and equipment.

(6)

Blacksmith shops.

(7)

Bottling plants, milk, soft drinks and others.

(8)

Breweries.

(9)

Building materials storage yards.

(10)

Bus and truck storage yards, cartage, express hauling.

(11)

Cabinet shops, furniture shops (carpenter shops), and boat building shops.

(12)

Cans and cartons, the manufacturing of.

(13)

Carpet cleaning plants.

(14)

Cement block and cement tile manufacture.

(15)

Ceramics, manufacture of.

(16)

Chemical laboratories.

(17)

Contractors' plants or storage yards.

(18)

Creameries.

(19)

Dairy products manufacture, including cheese making.

(20)

Electric or neon sign manufacture.

(21)

Feed, flour, grain storage including grain elevators.

(22)

Flour mills.

(23)

Food products manufacture.

(24)

Fuel yard: coal, kindling, bottle-gas.

(25)

Garment manufacture.

(26)

Ice plants, including distributing facilities.

(27)

Kennels, commercial, including dog training schools.

(28)

Livery stables and riding academies.

(29)

Lubricating oils, canning and packaging of, provided that not more than 100 barrels are stored above ground at any one time.

(30)

Lumberyards.

(31)

Machine shops, but not including a foundry or heavy steam hammer.

(32)

Manufacture of prefabricated wooden houses.

(33)

Mills, planing, sash and doors, millwork.

(34)

Paper or strawboard manufacture from wastepaper stock or wood pulp.

(35)

Pest control services.

(36)

Printing plants, including the printing and processing of wallpaper.

(37)

Poultry and rabbits (the wholesale and retail sale of poultry and rabbits, including slaughtering and dressing within a building, provided that at all times it conforms to the state sanitary code).

(38)

Railroad right-of-way, including passenger and freight stations.

(39)

Roofing and plastering yards and shops.

(40)

Rubber; fabricating of products made of finished rubber.

(41)

a.

Sexually oriented businesses are permitted in I-1 or I-2 zoned districts, provided that no person shall operate or cause to be operated a sexually oriented business within 1,000 feet of the property boundary of a preexisting:

1.

Public or private elementary or secondary school;

2.

Licensed day care center;

3.

Cemetery;

4.

Public park, including any forest preserve and the I&M Canal National Heritage Corridor;

5.

Public housing;

6.

Place of religious worship;

7.

Residential zoning district;

8.

Other sexually oriented business; or

9.

Establishment that serves liquor.

b.

For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where sexually oriented business is conducted, to the nearest property line of the other specified use.

c.

Also, any sexually oriented business shall not be located in the same structure or building with any other business of any type.

(42)

Sheetmetal shops.

(43)

Shoe manufacture.

(44)

Shooting galleries.

(45)

Soap manufacture (cold mix only).

(46)

Statuary (the manufacture of statuary from stone, clay or papier-mache>).

(47)

Stone monument works, plants and yards.

(48)

Textile manufacture.

(49)

Tire rebuilding and recapping (number of moulds unlimited).

(50)

Toy manufacture.

(51)

Veterinary offices.

(52)

Warehouses and storage plants.

(53)

Washers, wrought iron, manufacture of.

(54)

Yards for the storage and repair or maintenance and operation of equipment of public agencies and public utilities.

(55)

Any similar enterprises or businesses or other enterprises or businesses which, in the opinion of the zoning board of appeals and the board of trustees, are no more obnoxious or detrimental to the public welfare than the enterprises enumerated above.

(b)

Uses prohibited in I-1 zones. Uses prohibited in I-1 zones are as follows:

(1)

Any enterprise which produces or causes dust, smoke, noises, odors or vibrations which are detrimental to adjacent property or to the health of occupants of adjacent business and residential zones.

(2)

Trailer-coach camps.

(3)

Any establishment serving beer or alcoholic liquors or selling them at retail.

(4)

The manufacture or storage of ammunition, dynamite, nitroglycerine or other high explosives in such manner or quantity as to be hazardous to persons and property beyond the premises.

(5)

All uses commonly permitted only in 1-2 (heavy industry) and U (unrestricted) districts.

(6)

Cannabis business establishments, except for cannabis infuser organizations and cannabis transporting organizations.

(c)

Uses permitted in I-2 zone. Uses permitted in the I-2 zone are as follows:

(1)

All uses permitted in the I-1 zone.

(2)

All of the following uses:

a.

All uses listed under subsections (a)(2)—(53) inclusive in the I-1 zone.

b.

Acetylene gas manufacture or storage.

c.

Alcohol manufacture.

d.

Ammonia, bleaching powder or chlorine manufacture.

e.

Blast furnaces or coke ovens.

f.

Boiler works.

g.

Brick, burned tile and terra cotta manufacture.

h.

Concrete bulk mixing plants (ready-mix).

i.

Chemical manufacturing plants, unless specifically excluded.

j.

Fish smoking, curing or canning.

k.

Freight classification yards.

l.

Foundry, iron, brass.

m.

Iron and steel mills.

n.

Lamp black manufacture.

o.

Oil cloth or linoleum manufacture.

p.

Oil refining.

q.

Paint, shellac, turpentine or varnish manufacture.

r.

Petroleum, wholesale storage of, pumping stations and tank farms.

s.

Plastic manufacture.

t.

Potash manufacture.

u.

Privately owned incinerators for the disposal of municipal garbage.

v.

Railroad shops, locomotive and car building works.

w.

Rock crushers, stationary sand and gravel works, or the quantity distribution of sand, gravel or crushed stone.

x.

Rolling mills.

y.

Roofing manufacture.

z.

Rubber, the reclaiming of, and manufacture of synthetic rubber or its constituents.

aa.

Salt works.

bb.

Soda and soda compound manufacture.

cc.

Stove polish and shoe polish manufacture.

dd.

Wool pulling and scouring.

ee.

Wrecking yards: Wrecking or dismantling of motor vehicles (as defined herein), the wrecking of farm machinery, the storage of the parts and materials from such operations and the storage of other junk, only within a completely enclosed building or if surrounded by a tight, painted board or metal fence or other wall substantially built and not less than six feet high.

ff.

Other heavy industrial uses judged by the zoning board of appeals to be no more objectionable than those listed above, but expressly excluding those uses which highly pollute the air with ill-smelling wastes, including, among others: fertilizer manufacture, garbage dumps, glue works, slaughterhouses and tanneries.

(d)

Uses prohibited in I-2 zone. Uses expressly prohibited in the I-2 zone are as follows:

(1)

All uses expressly prohibited in the I-1 zone.

(2)

Hotels, apartment houses, apartment hotels, motels and trailer-coach courts.

(3)

Any establishment serving alcoholic liquor or selling the same at retail.

(4)

The manufacture of acids.

(5)

The manufacture or storage of ammunition, dynamite, nitroglycerin, or other high explosives in such manner or quality as to be highly hazardous to persons and property beyond the premises.

(6)

Asphalt plants.

(7)

Cannabis business establishments, except for cannabis infuser organizations and cannabis transporting organizations.

(Ord. of 2-3-1956, §§ 9(D), 34(B)(2); Ord. No. 762, §§ 2, 3, 12-3-1996; Ord. No. 886, § 2, 6-6-2006; Ord. No. 891, § 3, 7-5-2006; Ord. No. 1125, § 6, 5-3-2022)

(a)

Uses restricted to U zones. The following uses are restricted to U zones:

(1)

Acids, the manufacture of, including products of hydrocyanic acid.

(2)

Ammonia, the manufacture of.

(3)

Explosives, manufacture or storage.

(4)

Fertilizer works.

(5)

Fireworks manufacture.

(6)

Garbage farming, as herein defined.

(7)

Garbage, offal or dead animal reduction or dumping.

(8)

Glue works.

(9)

Stockyards.

(10)

Swine, the feeding of.

(11)

Tanneries.

(12)

Other uses judged equally objectionable to those listed above.

(13)

Asphalt plants.

(b)

Prohibited uses. Uses prohibited in U zones are as follows:

(1)

Residences or apartments, excepting those for watchmen or operators whose continued presence is necessary on the premises.

(2)

Any establishment where beer or alcoholic liquors are served or sold at retail.

(3)

Cannabis business establishments.

(Ord. of 2-3-1956, § 34(C); Ord. No. 1125, § 7, 5-3-2022)

Uses permitted in P zones are as follows:

(1)

The use and operation of a rendering plant and process for the collecting, storage, converting and/or recycling of the inedible byproducts of the meat, food and hospitality industries, said byproducts being converted and/or blended into useful fats, proteins and leathers by heat or mechanical means or chemical means.

(2)

All uses permitted under the I-2 (heavy industry) classification.

(Ord. No. 471, 4-18-1972; Ord. No. 696, 12-1-1992; Ord. No. 700, §§ 1, 2, 1-5-1992)

(a)

Certain uses declared special uses. All of the following and all matters directly relating thereto are declared to be special uses, and authority for the location and operation thereof shall be granted only as herein provided. This declaration is based on the fact that all of the uses herein enumerated possess characteristics of such unique and special character as to make it impractical and inadvisable to include them automatically in any of the use zones provided for in this article.

(1)

Airports.

(2)

Cemeteries.

(3)

Crematories.

(4)

Establishments and enterprises involving large assemblages of people or automobiles, such as:

a.

Commercial amusement parks.

b.

Commercial circuses, including those locally sponsored.

c.

Fairgrounds and racetracks.

d.

Open air theaters.

e.

Recreation centers privately operated for gain.

(5)

Garbage, community and collected, the disposal thereof by the sanitary-fill method.

(6)

Mausoleums.

(7)

Mental hospitals, contagion hospitals, schools for delinquents and mental defectives, and TB (tuberculosis) sanitariums.

(8)

Natural resources, the development of, such as the commercial mining of clay, gravel, humus (black dirt), oil, peat, sod and stone, and structures incidental to processing, screening, washing, refining, and loading the same, and plants and yards of a quasi-temporary nature which are commonly removed when the available deposits are worked out.

(9)

Private commercial sewage disposal plants.

(10)

Radio and television transmitters (commercial).

(11)

Massage parlors.

(12)

Baths.

(13)

Hydrotherapy.

(14)

Reducing salons.

(15)

Health centers.

(16)

The possession, use, production, storage, treatment or disposal of radioactive byproduct materials, source materials or special materials, or low-level radioactive waste, as those terms are defined and used in the Atomic Energy Act, as amended, 42 USC 2011 et seq., the Radiation Protection Act of 1990, as amended, 420 ILCS 40/1 et seq., and the Illinois Low-Level Radioactive Waste Management Act, as amended, 420 ILCS 20/1 et seq., and regulations promulgated thereunder. Such use may not be located closer than 2,640 feet (one-half mile) to a school, church or residential zoning district.

(17)

The operation and/or location of a radioactive waste brokerage warehouse.

(18)

Firearms dealers and firearms repair shops (gunsmiths). The following conditions shall apply to all firearms dealers and firearms repair shops:

a.

Firearms dealers and firearms repair shops are allowed in I-2 zones with a special use permit, and expressly prohibited in R-1 and R-2 (residential) zones, adjacent to any residential zones, and expressly prohibited in B (business) and I-1 (industrial) zones.

b.

Firearms dealers and firearms repair shops shall not be located in the same structure or building with any other business of any type.

c.

The exterior walls of the structure are to be of masonry construction. Alternative construction materials which afford equivalent protection may be permitted if approved by the village board upon the receipt of the recommendation of both the chief of police and the building inspector.

d.

All exterior entrance points and window points of the building shall be gated and/or barred when the building is unoccupied. No gating, baring, or other security devices used shall be mounted to the exterior of the building. The use of gating and security devices on exit doors will need emergency override devices to allow for exit in case of an emergency inside the building. If the emergency override devices require electricity to operate, they shall be served by an alternate 12-hour power supply that automatically activates in the event of a power failure.

e.

The entire interiors of the building (except bathrooms) must be covered with video surveillance cameras. The video surveillance camera recorders must be located in safe and locked at all times. Parking lots as well as any exterior wall breach, such as doorways or windows must be maintained under video surveillance as well. Lighting must be supplied to ensure that the installed cameras are capable of recording all activity at such lumens that will allow easy identification of any persons coming into their view, and such light must be maintained 24 hours a day.

f.

No firearms shall be displayed in any manner which would cause such exhibit or display to be visible to persons outside of the premises during hours the business is not open.

g.

A safe must be provided on site that is of sufficient size to accommodate all firearms and firearms parts on site at any given time. All firearms and firearms parts must be kept in the safe when the business is not open.

(19)

Multiple-family dwellings/apartment buildings combined with uses permitted in the B-business zone (mixed use) are allowed in the B-business zone, with a special use permit for the multiple family dwelling/apartment building.

(20)

One cannabis infuser organization. The proposed infuser must comply with the following:

a.

Cannabis infuser organizations are allowed in I-1 and I-2 zones with a special use permit, and expressly prohibited in R-1 (one-family), R-2 (two-family), R-3 (multiple-family), R-4 (hotels, motels, lodging houses, lodges and boarding houses), and B (business) zones.

b.

All processing of cannabis by the Infuser must take place in an enclosed, locked facility.

c.

The infuser may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

d.

The facility may not be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes.

e.

The infuser must have a valid infuser license issued by the department of agriculture.

f.

The infuser must comply with the department of health, the Will County Health Department, the Illinois Food, Drug and Cosmetic Act, the Sanitary Food Preparation Act, the Food Handling Regulation Enforcement Act, and any future federal regulations in any area within the facility where cannabis or cannabis-infused products will be manufactured into an edible form.

g.

The infuser shall be the sole use of any tenant space in which it is located, unless it shares a space with a cannabis transportation organization.

h.

The special use granted under this subsection 90-118(a)(20) is specific to the user it is issued to for its cannabis infuser organization and thus, it shall not be assigned or transferred.

i.

The infuser may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

j.

The infuser shall provide engineering plans and specifications of the entire facility and parking lot.

k.

The infuser shall install any and all building enhancements as the village may deem necessary to ensure the safety of the infuser's employees as well as all other persons as may be found in the general vicinity of such establishment, including, but not limited to, the following requirements:

1.

The infuser shall install all required security surveillance systems as required by the Cannabis Regulation and Tax Act and the regulations promulgated thereunder.

2.

The infuser shall install lighting, as set forth in the special use permit, to ensure that the installed security surveillance systems are capable of recording all activity at such lumens that will allow easy identification of any persons coming into their view.

3.

The infuser must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES."

4.

The infuser must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE."

5.

The facility shall have an enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis and cannabis-infused products in the transport motor vehicle.

6.

The Infuser shall establish to the village that the distillate will be stored in a secured, enclosed location within the facility.

7.

The infuser shall install any other building enhancement as set forth in the special use ordinance.

l.

All cannabis or cannabis-infused products shall be properly stored as required by the Cannabis Regulation and Tax Act. No cannabis or cannabis-infused products shall be stored in a transport vehicle.

m.

All signage for the infuser must be pre-approved by the village as part of the special use ordinance.

n.

The infuser shall pay the village an administrative fee of three percent of the gross revenue derived from its cannabis infuser organization to help defray a portion of the cost incurred by the village in providing additional police protection in order to serve the infuser facility and surrounding areas due to the nature of the infuser's business.

o.

The infuser shall file an affidavit with the village affirming compliance with all requirements of the village's zoning regulations and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(21)

One cannabis transportation organization. The proposed transporter must comply with the following:

a.

Cannabis transportation organizations are allowed in I-1 and I-2 zones with a special use permit, and expressly prohibited in R-1 (one-family), R-2 (two-family), R-3 (multiple-family), R-4 (hotels, motels, lodging houses, lodges and boarding houses), and B (business) zones.

b.

Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, or residential care home. Learning centers and vocational/trade centers shall not be considered or deemed to be a public or private school for purposes of this section.

c.

Facility may not be located on any property used or zoned for residential or business purposes.

d.

The transporting organization shall be the sole use of any tenant space in which it is located, unless it shares a space with a cannabis infuser organization.

e.

The special use granted under this subsection 90-118(a)(21) is specific to the user it is issued to for its cannabis transportation organization and thus, it shall not be assigned or transferred.

f.

Facility may not conduct distribution of cannabis or cannabis infused products other than as authorized by the Cannabis Regulation and Tax Act.

g.

All cannabis or cannabis-infused products shall be transported so it is not visible or recognizable from outside the transport vehicle.

h.

All cannabis or cannabis-infused products shall be properly stored as required by the Cannabis Regulation and Tax Act. No cannabis or cannabis-infused products shall be stored in a transport vehicle.

i.

All signage for the transport facility must be pre-approved by the village as part of the special use ordinance.

j.

The transporting organization shall pay the village an administrative fee of three percent of the gross revenue derived from its cannabis transporting organization to help defray a portion of the cost incurred by the village in providing additional police protection in order to serve the transporting facility and surrounding areas due to the nature of the transporting organization's business.

k.

The transporter shall file an affidavit with the village affirming compliance with all requirements of the village's zoning regulations and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(b)

Permits.

(1)

For a number of the above uses, there appears to be no suitable location available within the present corporate limits of the village, but such locations may at some future time be provided through annexation or otherwise.

(2)

Permits for special uses shall be granted only with the approval of the board of trustees. Applications shall be made as provided for other uses. After a duly advertised public hearing before the zoning board of appeals, the zoning board of appeals shall act in an advisory capacity to the board of trustees, and no final decision shall be made or permit granted until at least 30 days after the first day of advertised notice.

(c)

Electric substations and electric distribution centers. The use or holding for use by a public utility under the jurisdiction of the state commerce commission of any premises for an electric substation or for an electric distribution center shall be considered a lawful special use for such purposes, without any restrictions against enlargement, extension, reconstruction or structural alteration of said facilities that now or hereafter may be located on said premises.

(d)

Waste transfer stations and similar facilities. Transfer stations, or any other enterprise that accepts construction debris, demolition debris, or waste for the consolidation, disassembling, dismantling, separating, or sorting for further transfer to a waste disposal, treatment, or handling facility, are allowed in I-1 zones with a special use permit, and expressly prohibited in R-1 and R-2 (residential) zones, and B (business) zones.

(e)

Special uses for I-2 zoning.

(1)

Cargo container facilities. A cargo container facility is a facility that stores cargo containers, semitrailers, trailers, or tanks. A cargo container is a large standardized container used for holding, storing or shipping freight by truck, railroad, aircraft, ship or other mode of transportation. The following conditions shall apply to all cargo container facilities:

a.

Cargo container facilities are allowed in I-2 zones with a special use permit, and expressly prohibited in R-1 and R-2 (residential) zones, adjacent to any residential zones, and expressly prohibited in B (business) zones and I-1 zones.

b.

Cargo container facilities must comply with regulations as set forth in chapter 70 (subdivision regulations).

c.

Containers shall be stored horizontally and not be stacked greater than two containers in height.

d.

The area for the storage of such containers shall be limited to less than 35 percent of the buildable area of the site.

e.

The area for the storage of cargo containers shall be a minimum of 100 feet from any public street, highway, or sidewalk, and a minimum setback distance of 30 feet from any property line.

f.

Screening in the form of berming and/or fencing (100 percent opaque), with a minimum height of eight feet and sufficient to shield the cargo containers from the view of the surrounding properties, shall be used and continuously maintained on the property.

g.

Advertising on any cargo container, semitrailer, trailer or tank is prohibited.

(2)

Bus transportation facilities, also known as bus barns.

(3)

Tanker washing facilities. A tanker washing facility is a facility that washes the inside of empty or nearly empty semi trailer tankers or tanks. The following conditions shall apply to all tanker washing facilities:

a.

Tanker washing facilities are allowed in I-2 zones with a "special use" permit, and expressly prohibited in residential zones, adjacent to any residential zones, and expressly prohibited in business zones and I-1 zones.

b.

Tanker washing facilities must comply with regulations as set forth in chapter 70 of this Code.

c.

Screening in the form of berming and/or fencing (100 percent opaque), with a minimum height of eight feet and sufficient to shield the tankers or tanks from the view of the surrounding properties, shall be used and continuously maintained on the property.

(f)

Criteria for considering petitions for special uses.

(1)

Characteristics of use. In evaluating the suitability of a proposed special use, the zoning board of appeals and the board of trustees shall examine the following characteristics of the proposed use and its individual structures or components:

a.

Location and orientation.

b.

Lot size.

c.

Size of facility, including floor area, structure height, design capacity, and anticipated employment.

d.

Site design and arrangement.

e.

Provisions affecting on-site and off-site pedestrian and traffic movement, vehicle storage, and the passage of emergency vehicles.

f.

Appearance.

g.

Screening or landscaping.

h.

On-site or off-site buffering from incompatible uses with open spaces or transitional uses.

i.

Operations factors, such as hours of use or environmental controls.

j.

Other characteristics of the proposed use pertinent in the judgment of the board of trustees to an assessment of the impact of the use on the area.

(2)

Compatibility with existing uses. Before approving a special use, the board of trustees shall determine that on the basis of the above characteristics, or changes to the above characteristics that the board of trustees may require, the proposed special use will be compatible with existing uses in the area in the following ways:

a.

Traffic. Any adverse impact of types or volumes of traffic flow has been minimized.

b.

Environmental nuisance. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been minimized or eliminated.

c.

Neighborhood character. The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district, and the use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district.

d.

Public services and facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.

e.

Public health and safety. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity.

f.

Other factors. The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the board of trustees to the particular special use or its particular location.

(3)

Conditions or restrictions. The zoning board of appeals may recommend, and the board of trustees may make its approval contingent upon, any modifications, conditions, or restrictions relating to any of the above or other characteristics of the use to minimize its adverse impact in the location proposed. The zoning board of appeals or the board of trustees may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular special use.

(Ord. of 2-3-1956, § 10; Ord. No. 423, § 1, 3-1-1968; Ord. No. 504, § 2, 11-4-1975; Ord. No. 755, 7-2-1996; Ord. No. 756, 7-2-1996; Ord. No. 762, §§ 1, 4, 12-3-1996; Ord. No. 831, § 2, 1-7-2003; Ord. No. 833, § 2, 3-4-2003; Ord. No. 891, § 2, 7-5-2006; Ord. No. 902, § 2, 1-16-2007; Ord. No. 984, § 2, 2-5-2013; Ord. No. 1010, § 5, 5-6-2014; Ord. No. 1125, § 8, 5-3-2022)