All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

3.1-1

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion (completion to be accomplished within eighteen (18) months of the adoption of this ordinance), said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Article V Nonconforming Buildings, Structures, and Uses.

3.1-2

Where the Zoning Administrator has issued a permissive use permit, a special use permit, or a permit for a variation pursuant to the provisions of this ordinance, such permit shall become null and void unless work thereon is substantially underway within six (6) months of the date of the issuance of such permit by the Zoning Administrator, and completed within eighteen (18) months of the issuance of such permit.

3.1-3

A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six (6) months for any reason.

3.1-4

Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this ordinance, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas.

3.1-5

No land which is located in a Residence District shall be used for driveway, walkway, or access purposes to any land which is located in a Business or Industrial District, or used for any purpose not permitted in a Residence District.

All structures built hereafter shall comply with all of the regulations of this Zoning Ordinance. Any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter, unless Article V of this ordinance permits such a structure to be rebuilt or restored.

If the use of any existing structure is hereafter changed to another use, then the new use shall comply with the use regulations of this ordinance; provided, however, the mere establishment of a new use does not by itself require the existing structure to conform to the lot size or other bulk regulations of this ordinance.

If any structure is hereafter remodeled:

(A)

The entire structure as remodeled shall comply with the use regulations of this ordinance; and

(B)

Any alterations or enlargements of, or additions to, the structure shall comply with the bulk regulations of this ordinance; and,

(C)

The off-street parking facilities provided for the structure shall not be reduced below (or if already less than, shall not be further reduced below) the requirements that would be applicable to a similar new structure or use.

The following public utility and municipal uses are permitted in all districts: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar equipment (not including sub-stations located on or above the surface of the ground) for the distribution to consumers of telephone or other communications, electricity, gas or water, or for the collection of sewage or surface water.

The Village is hereby divided into 13 zoning districts.

A.

The existing zoning uses, restrictions, divisions and regulations listed in this Ordinance are clearly shown on the Official Zoning Map of the Village, a copy of which is on file in the Office of the Zoning Administrator of the Village and available for a fee of $10.00 to any person desiring a copy thereof. Said Official Zoning Map, with all notations, references and other matters shown thereon, is hereby declared by this reference to be part of this ordinance.

B.

It is the intent of this ordinance that the entire area of the Village including all land and water areas, rivers, streets, alleys, railroads and other rights-of-way be included in the districts established by this ordinance. Any area not shown on the said Official Zoning Map as being included in any district shall be deemed to be in the Estate Residence District.

In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

(A)

The district boundaries are the center lines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the Zoning Map coincides with the location of a street or alley, the center line of such street or alley shall be construed to be the boundary of such district.

(B)

Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(C)

Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundary shall be determined by the use of the scale shown on the Official Zoning Map.

(D)

When a lot held in one ownership on the effective date of this ordinance is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district.

All streets, alleys, public ways, waterways and railroad rights-of-way if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways, and railroad rights-of-way. Where the center line of the street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

No structure shall hereafter be built, moved, or remodeled, and no structure or land shall hereafter be used, occupied or designed for use or occupancy except for a use that is permitted within the zoning district in which the structure of land is located.

No use of structure or land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use, in such district unless a special use permit has been secured in accordance with the provisions of Article IV, Section 4.10 of this ordinance.

(A)

No structure or part thereof shall hereafter be built, moved or remodeled, and no structure or land shall hereafter be used, occupied, arranged or designed for use or occupancy on a zoning lot which is:

1.

Smaller in area than the minimum lot area or minimum lot area per dwelling unit required in the zoning district in which the structure or land is located; or

2.

Narrower than the minimum lot width required in the zoning district in which the structure or land is located; or

3.

Shallower than the minimum lot depth required in the zoning district in which the structure or land is located.

(B)

No existing structure shall hereafter be rebuilt, remodeled or otherwise altered or modified so as to conflict or further conflict with the lot area per dwelling unit or lot size requirements as set forth in subsection (A) herein, for the zoning district in which the structure is located.

(C)

Whenever a minimum contiguous area is specified for a zoning district, then no property shall be classified or reclassified in any such zoning district unless, after such classification or reclassification the said property will, when considered alone or in Conjunction with similarly classified property which it abuts, contain at least the minimum contiguous area specified for such zoning district.

In this ordinance, bulk regulations are expressed in terms of maximum structure height, maximum lot coverage, maximum floor area ratio and minimum front, corner side, side and rear yards. No structure or part thereof, shall hereafter be built, moved, or remodeled, and no structure or land shall hereafter be used, occupied or designed for use or occupancy so as to:

(A)

Exceed the maximum lot coverage percentage, and maximum structure height or the maximum floor area ratio specified for the zoning district in which the structure is located; or

(B)

Provide any setback or front, corner side, side or rear yard that is less than that specified for the zoning district in which such structure or use of land is located or maintained.

No permitted use hereafter established, altered, modified or enlarged shall be operated or redesigned so as to conflict with the use limitations for the zoning district in which such use is, or will be located. No permitted use already established on the effective date at this ordinance shall be altered, modified, or enlarged so as to conflict with, or further conflict with, the performance standards established for the zoning district in which such use is located.

No permitted use hereafter established, altered, modified or enlarged shall be operated [or] designed so as to conflict with any performance standards imposed on such use by this ordinance. No permitted use already established on the effective date of this ordinance or any amendment thereto shall be altered modified or enlarged so as to conflict with, or further conflict with, the performance standards established for the zoning district in which such use is indicated.

(A)

Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.

(B)

An accessory use is a structure or use which:

1.

Is subordinate to and serves a principal structure or principal use;

2.

Is subordinate in area, extent or purpose to the principle structure or principal use served.

3.

Contribute to the comfort, convenience or necessity of the occupants of, or the business or industry located in, the principal structure or principal use served; and

4.

Is located on the same lot as the principal structure or principal use served.

3.16-1

Permitted Accessory Uses (Amended by Ordinance 09-09)

Any structure or use that complies with the terms of Section 3.16 may be allowed as an accessory structure or use.

(A)

Accessory structures and uses include, but are not limited to, the following list of examples, provided that in each case such structure must fit the general definition of "accessory use" contained in Section 3.16 of this ordinance.

1.

Private garages or carports, not to exceed the following capacity:

a.

For single-family residences: 3 cars.

b.

For multiple-family residences: 2 cars per dwelling unit.

Flat roofs are prohibited for any private garage or carport that is a detached accessory structure, accessory to a principal single-family residential use.

2.

A structure for storage incidental to a permitted use, provided no structure that is accessory to a residential building shall exceed 120 square feet in gross floor area.

3.

A child's playhouse.

4.

Private swimming pools and cabanas.

5.

Statuary, arbors, trellises, barbeque stoves, flag poles, fences, walls and hedges (as further regulated by Sections 3.24 and 3.30 of this Article and other Village Ordinances).

6.

Signs when permitted by this ordinance, and other municipal ordinances.

7.

Off-street parking and loading spaces as regulated by Article XL of this Ordinance.

8.

Storage of boats, boat trailers, camping trailers, and small house trailers, provided no part of such storage area is located on any front or side yard and no camping or house trailer is used for temporary or permanent occupancy, and subject to the provisions of this ordinance.

(B)

None of the following shall be permitted as accessory uses:

1.

Outdoor storage or overnight parking of trucks with an empty weight in excess of four (4) tons or buses designed for more than eleven (11) passengers in a residence district.

2.

Any other outdoor storages except as specifically permitted elsewhere in this ordinance.

3.16-2

Bulk Regulations (as amended by Ordinance 09-09)

(1)

Accessory structures (except fences) and uses shall be set back a minimum distance of five (5) feet from the rear lot line in addition to the requirements for additional setbacks in this Section 3.16-2, as provided below.

(2)

Accessory structures (except fences) and uses shall maintain the same side transitional yard as is required for the principal structure located on the zoning lot in addition to the requirements for additional setbacks in this Section 3.16-2, as provided below.

(3)

No part of any accessory structure (except fences) shall be located closer than ten (10) feet to any principal structure, unless it is attached to or forms a part of such principal structure in addition to the requirements for additional setbacks in this Section 3.16-2, as provided below..

(4)

Except as provided in Paragraph (5) of this Section 3.16-2, each accessory structure (except fences) that is accessory to a principal residential use shall have an increased setback of two (2) feet for each one (1) foot of height of the accessory structure in excess of fifteen (15) feet in height, or the height of the principal structure, whichever is less. Said increased setback for residential accessory uses shall be in addition to the minimum setback required from a rear or side lot line or the minimum setback required from the principal structure. In all other circumstances, each accessory structure and use shall comply with the bulk regulations applicable in the district in which it is located.

(5)

For any accessory structure that does not exceed the height of the principal structure, such accessory structure may be set back a minimum of ten (10) feet from the principal structure, provided that the accessory structure complies with the increased rear and side yard setback of two (2) feet for each one foot in height of the accessory structure in excess of fifteen (15) feet in height as provided in Paragraph (4) of this Section 3.16-2.

(6)

A detached accessory structure that is accessory to a principal residential use shall not exceed a maximum height of twenty (20) feet.

3.16-3

Use Limitations (as amended by Ordinance 09-09)

Each accessory structure and use shall comply with the use limitations applicable in the zoning district in which it is located and in addition:

(1)

No accessory structure (except fences) shall be constructed or occupied on any lot prior to the completion of the principal structure to which it is accessory.

(2)

No accessory structure (except fences) or use shall be permitted in any front yard unless specifically permitted.

(3)

No accessory structures (except fences) or use shall be located in a recorded easement unless specifically permitted.

The following uses of land are permitted in each zoning district (unless specifically restricted to a particular zoning district) subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district or districts in which it is located:

1.

Christmas tree sales in the Business District for a period not to exceed sixty (60) days. The display of Christmas trees need not comply with the yard requirements of this ordinance, provided that no trees shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.

2.

Contractors' offices and equipment sheds, provided, however, that no such office or shed shall contain sleeping accommodations or cooking facilities, accessory to a construction project, to continue only during the duration of such project.

3.

Real estate offices, which facilities shall not be used for sleeping or cooking purposes until the premises shall cease to be used as a real estate office, incidental to a new housing development, to continue only until all dwelling units in the development have been first sold or leased, provided, however, that no such offices shall contain sleeping accommodations or cooking facilities, unless located in a model dwelling unit.

4.

Seasonal sales of farm produce, grown on the premises in an ER or R-l, for not more than four (4) months per year. Structures incidental to such sales need not comply with the applicable front yard requirements if the structures are moved back of the required front yard line at the end of the season during which they are used.

(A)

Purpose. It is the intent and purpose of this article to provide for certain types of restricted occupational uses within residential districts. Zoning codes have traditionally regulated these uses, termed home occupations, to those that are incidental to the use of the premises as a residence. The nature of home occupational use is such that it is compatible with, or even belongs in the home, or that they are of a highly professional nature, often involving the use of mental rather than physical capabilities. This village recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, this village believes the need to protect the integrity of its residential areas is of paramount concern.

(B)

Any home occupation that is clearly incidental to the principal use of a building as a dwelling in a residential zone, shall be permitted in a dwelling unit, provided the occupation meets the conditions and requirements contained in this section and all other federal, state, and municipal requirements that apply.

(C)

A home occupation is a business, profession, occupation or trade conducted for gain entirely within a residential building or within a structure that is accessory to a residential building.

(D)

In addition to all of the use limitations applicable in the district in which a home occupation is located, no home occupation shall be permitted unless it complies with the following restrictions in all residence districts:

1.

The operator of the Home Occupation must make the dwelling unit where the Home Occupation is located their legal and primary place or residence. No person who is not a member of the immediate family occupying such dwelling and providing they are a permanent resident of the dwelling unit, plus one nonresident, assistant or employee, shall be employed in connection with the occupation. Offices for building trades or similar fields, using the dwelling unit or premises for activities conducted off the premises, may have more employees than the limitations set forth in this section, providing these employees conduct their activities off site, and do not generate additional traffic as defined in Section 3.l8D.13 of this Ordinance.

2.

There shall be no manufacturing or related processing of any sort. Home crafts as described in Section 3.1S.E.7. are not considered as manufacturing or processing activities under this section.

3.

The current village residence home address numbering regulations shall apply to any residence used in the conduct of a home occupation. An additional one square foot sign can be posted on the residence declaring the presence of one home occupation on the site.

4.

No wholesale, jobbing or retail business shall be permitted unless it is conducted entirely by mail or telephone and does not involve the receipt, sale, shipment, delivery, or storage of merchandise on or from the premises provided, however, that articles produced by members of the immediate family residing on the premises may be sold from and are stored upon the premises.

5.

There shall be no alteration of the principal residential building, accessory buildings, or property, that would change the character or appearance of the structures or property, making it appear inconsistent with their primary use as a residential dwelling. This includes the creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the business.

6.

No more than twenty-five percent (25%) of the area of one (1) story of a single-family dwelling or not more than twenty percent (20%) of the area of any other dwelling unit in total for any single or multiple home occupations conducted on the site shall be devoted to the home occupation.

7.

No mechanical or electrical equipment may be used except such types as are customary for purely domestic, household or hobby purposes.

8.

There shall be no storage or displays outside a principal building or accessory structure of equipment or materials used or sold in connection with the home occupation.

9.

The home occupation shall be conducted entirely within the principal residential building or in a private attached or detached garage or accessory building thereto.

10.

There must be no indication that a home occupation is present: including the color, materials, or constructions on the property: or the emission of lighting, glare, vibrations, electrical interference, power fluctuations, fumes, dust, heat, obnoxious odors, or noise, detectable to normal sensory' perception, that carry beyond the premises or property lines of a single-family residence, or walls of a dwelling unit of a multi-family structure.

11.

No processes which are hazardous to public health: safety, morals, or welfare; or highly flammable, toxic, explosive, corrosive, disease agent. Radioactive, materials that decompose by detonation, or any other restricted material shall be allowed or stored in conjunction with a home occupation.

12.

No home occupation shall cause an increase in the use of any one or more public utilities (water, sewer. electricity, or garbage collection) so that the combined total use of a dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

13.

The home occupation shall not generate additional pedestrian or vehicular traffic beyond what is normal for the district in which it is located, allow more than 2 customers or clients on the premises during any one-hour period, be open to the public, or have these visits occur other than during the hours of 8:00 A.M. to 8:00 P.M.

14.

The home occupation shall not involve the use of vehicles for pickup or delivery of merchandise or materials by a vehicle larger than one that is no larger than 16,000 pounds gross weight including vehicle and maximum load either owned by the resident or utilized by commercial delivery services. These occurrences shall be limited to a maximum number of 2 times per week between the hours of 8:00 A.M. to 8:00 P.M. Monday through Saturday. There shall be no use or storage of vehicles such as dump trucks, tow trucks, cube vans, or step vans regardless of size; or larger vehicles, tractor trailers, semi-trucks, or heavy equipment such as is used in construction or heavy transportation activities allowed on the premises.

15.

A home occupation shall have off-street parking available to accommodate any client or employee vehicles which visit or work on the premises, and the vehicle traffic generated shall not create unusual congestion or safety hazards. All off-street parking areas are subject to applicable village regulations and ordinances and cannot adversely impact the residential character or visual appearance of the property or neighborhood.

(E)

Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations provided, however, that each listed occupation shall be subject to the requirements of this section with retail sales generally prohibited with the only exceptions being those outlined in 3.130.4:

1.

Dressmakers, seamstresses and tailors.

2.

Music teachers, but regular instruction shall be limited to one pupil at a time, except for occasional groups.

3.

Artists, sculptors and authors or composers.

4.

Office facilities for architects, engineers, lawyers, insurance agents and members of similar professions.

5.

Offices of duly ordained leaders of a religious or spiritual community.

6.

Office facilities for real estate and other salesmen, sales representatives and manufacturers representatives, when no retail or wholesale transactions are conducted on the premises.

7.

Home crafts, such as model-making, rug weaving, lapidary work, or similar crafts provided, however, that no machinery or equipment shall be used or employed, other than that which would customarily be incidental to residential occupancy. Such machinery or equipment shall include that which would customarily be employed in connection with a hobby or avocation not conducted for gain or profit.

(F)

Particular Home Occupations Prohibited. The following are prohibited uses in dwelling units with the Village as well as any similar such uses:

1.

Barber shops and beauty shops, unless specifically permitted by the district regulations.

2.

Dancing schools.

3.

Funeral homes, morticians or hearse services.

4.

(Reserved)

5.

Restaurants, taverns or food preparation establishments.

6.

Stables.

7.

Tourist homes, boarding and lodging houses, unless specifically permitted by the district regulations.

8.

Renting of trailers.

9.

Medical or dental offices, clinics or hospitals.

10.

Animal kennels or hospitals or veterinary uses.

11.

Ambulance, limousine, taxi, delivery or tow truck services.

12.

Automobile, truck, or boat repair services; parts sales, upholstery or detailing or washing services.

13.

(Reserved)

14.

Health studios, gyms, dance studios, massage establishments or private clubs.

15.

Palm reading or fortune telling services.

16.

Photo studios or photo developing or processing services.

17.

Welding and metal fabricating shops.

18.

Cabinet making and woodworking services.

19.

Landscape and lawn maintenance services.

20.

Other similar uses.

(G)

Penalty. Any person violating any provision of this Section shall, upon conviction, be subject to a fine of not less than twenty-five dollars ($25.00) no more than seven hundred and fifty dollars ($750.00) and the costs of the prosecution of this Ordinance. Each act of violation and each day upon which a violation occurs shall constitute a separate, individual offense for which the violator may be prosecuted and convicted.

No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy, unless the minimum off-street parking and off-street loading spaces required by Article XI of this ordinance are provided. No structure or use already established on the effective date of this ordinance shall be enlarged unless the minimum off-street parking and loading spaces which would be required by Article XI for such enlargements are provided.

Not more than one (1) principal residential building shall be located on a single zoning lot, nor shall a principal residential building be located on the same zoning lot with any other principal building, unless such principal residential building is located in a planned development that has been approved pursuant to the provisions of this ordinance. In business and industrial districts, any number of structures (except residential buildings) and uses may be constructed or established on a single zoning lot, but no single zoning lot shall be smaller than the minimum lot area prescribed for the district in which such structure is located.

If a recorded subdivision plat imposes a building or setback line for a lot which is greater than the minimum front yard required by the applicable section of this ordinance, then notwithstanding any other provision of this ordinance the minimum front yard shall be the same as the minimum building line or setback line shown on such subdivision plat.

If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum front, side or rear yards that would otherwise be required for such zoning lot shall be provided and maintained unless some other provision of this ordinance requires or permits a different front, side or rear yard; provided, however, that front, side and rear yards shall not be required on zoning lots used for garden purposes without structures, or on zoning lots used for open, public recreation areas.

(A)

No part of the lot area, or of a yard, or other open space or off-street parking or loading space provided in connection with any structure or use in order to comply with this ordinance shall, by reason of a change of ownership or otherwise, be included as a part of the minimum lot area or of a yard, other open space, or off-street parking or loading space required for any other structure or use, except as specifically permitted by this ordinance.

(B)

All of the lot area and all yards and other open spaces provided in connection with any structure or use (including but not limited to any structure or use existing on the effective date of this ordinance, or of any amendment thereto) shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of this ordinance for equivalent new construction.

The following shall not be considered to be obstructions when located in a required yard:

(A)

In all yards: Open terrace not over four (4) feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awning or canopies; steps four (4) feet or less above grade which are necessary for access to a permitted structure, or access to a lot from a street or alley; bay windows and over-hanging eaves and gutters projecting thirty (30) inches or less into the yard; arbors and trellises; flag poles and signs. (as amended by Ordinance 08-15)

Enclosed foyer system for energy efficiency with a minimum of a two (2) door system to allow the opening and closing of one door before the second door needs to be open thereby conserving energy and temperature control in the principal building. Said enclosure foyer system shall be designed to be handicap accessible, but should not extend more than ten (10) feet from the wall or façade of the principal building, shall be setback a minimum of twenty (20) feet from any property line, and shall not exceed 100 square feet in area. (added by Ordinance 11-19)

(B)

In any yard, except a front yard: Accessory uses permitted by Article III, Section 3.16, recreational equipment, laundry equipment, air conditioning condensers and open and closed fences constructed and maintained in compliance with the regulations contained within Chapter 150 of the Code of Round Lake Park, entitled "BUILDING REGULATIONS," as amended. (as amended by Ordinance 08-15)

(C)

If any provision of this ordinance permits a fence in a front yard, then such fence shall be a permitted obstruction within the meaning of this Section, provided that such fence conforms to the regulations contained within Chapter 150 of the Code of Round Lake Park, entitled "BUILDING REGULATIONS," as amended. (as amended by Ordinance 08-15)

All land which may hereafter be annexed to the Village shall automatically be classified in the Estate Residence District. When land is automatically classified in the Estate Residence District pursuant to the Section, the annexation ordinance, upon passage, shall be referred to the Plan Commission, and the Plan Commission shall within sixty (60) days after the effective date of the annexation ordinance, schedule and hold a public hearing with respect to the zoning classification of the annexed land, pursuant to Article IV of this ordinance. The Plan Commission shall make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit the same to the Village President and the Village Board of Trustees.

Notwithstanding any other provisions of this ordinance, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located except that such public service uses located on or above the surface of the ground shall observe the applicable minimum front, side and rear yard requirements:

(A)

Electric and telephone sub-stations and distribution equipment.

(B)

Gas regulator.

(C)

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for distribution to consumers for transmission of electricity, gas or water.

(D)

Pumping stations.

(E)

Radio, television and microwave transmission or relay stations, towers and antennae.

(F)

Transformer stations.

(G)

Water standpipes.

In addition, where electrical, telephone, water and sewer or other utility services require structures or facilities other than buildings located on or above the surface of the ground on easements through or abutting any lot in a residence district, said structures or facilities shall be prohibited from any required yard adjacent to a public street or from any dedicated street right-of-way.

All structures built hereafter must be served by and connected to a public sanitary sewer disposal system and water distribution system.

All requests for amendment to the Zoning Ordinance must be accompanied by a landscape plan prepared by a qualified expert. The Zoning Administrator may waive this requirement for lots of five (5) acres or less.

The Zoning Administrator may allow land uses (permitted or special) which though not contained by name in a zoning district list of permitted or special uses, are deemed to be similar in nature and clearly compatible with the listed uses. However, such non-listed uses shall not be approved by the Zoning Administrator until the application for such use has been reviewed by the Plan Commission and approved by the Village Board of Trustees.

All non-listed uses which are tentatively approved by the Village Board shall be added to the appropriate use list by ordinance of the time of periodic updating and revision.

(A)

Except as provided in Section 3.24 of this Article, a fence, wall, hedge, or shrubbery may be erected, placed, or grown along a lot line on residentially zoned property or adjacent thereto, provided that such fence, wall, hedge or shrubbery conforms to the regulations contained within Chapter 150 of the Code of Round Lake Park entitled "BUILDING REGULATIONS," as amended. (as amended by Ordinance 08-15)

No tent shall be erected, used or maintained for living quarters.

All outdoor swimming pools shall meet minimum side yard requirements and in addition thereto, shall be set back at least two (2) feet for each one (1) foot of structure height. For the purpose of this section, the words "structure height" shall include any railings or other projections above the pool surface. (as amended by Ordinance 08-15)

1.

Purpose and Applicability: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of Round Lake Park. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

2.

Special Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with Article IV Section 4.10 of Appendix A and Paragraph 3 (Adult-Use Cannabis Facility Components) as provided herein.

3.

Adult-Use Cannabis Facility Components: In determining compliance with Section 4.10 of this Title, the following components of the Adult-Use Cannabis Facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

3.1

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

3.2

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

3.3

Hours of operation and anticipated number of customers/employees.

3.4

Anticipated parking demand based on Article XI Section 11.1-1 et seq. and available private parking supply.

3.5

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

3.6

Site design, including access points and internal site circulation.

3.7

Proposed signage plan.

3.8

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

3.9

Other criteria determined to be necessary to assess compliance with Article IV Section 4.10-6 of this Title.

4.

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

4.1

Facility may not be located within 150 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.

4.2

Facility may not be located within 150 feet of the property line of a pre-existing property zoned or used for residential purposes.

4.3

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

4.4

For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as a "Class #30" Parking Class per Article XI, Section 11.1-2(B)(2) - Off-Street Parking for certain manufacturing uses, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section Article IV Section 4.10-6 herein.

5.

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

5.1

Facility may not be located within 150 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.

5.2

Facility may not be located within 150 feet of the property line of a pre-existing property zoned or used for residential purposes located within the Village boundaries.

5.3

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

5.4

For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as "Class #30" Parking Class per Article XI, Section 11.1-2(B)(2) - Off-Street Parking for certain manufacturing uses, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Article IV Section 4.10-6 herein.

6.

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

6.1

Facility may not be located within 150 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.

6.2

Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes located within the Village boundaries.

6.3

At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in Section 6.5 below in the same tenant space.

6.4

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

6.5

On-premises cannabis consumption establishments are prohibited. No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis in any for on the premises. A sign, at least 8.5 x 11 inches shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."

6.6

For purposes of determining required parking, said facilities shall be classified as "Class #10" per Article XI, Section 11.1-2(B)(2) Schedule of Off-Street Parking Requirements: General Retail Sales of Appendix A of the Village of Round Lake Park Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Article IV Section 4.10-6 herein.

7.

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

7.1

Facility may not be located within 150 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.

7.2

Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes located within the Village boundaries.

7.3

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

7.4

For purposes of determining required parking, said facilities shall be classified as "Class #30" Parking Class per Article XI, Section 11.1-2(B)(2) - Off-Street Parking for certain manufacturing uses of Appendix A of the Village of Round Lake Park Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Article IV Section 4.10-6 herein.

8.

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

8.1

Facility may not be located within 150 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.

8.2

Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes located within the Village boundaries.

8.3

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

8.4

For purposes of determining required parking, said facilities shall be classified as "Class #30" Parking Class per Article XI, Section 11.1-2(B)(2) - Off-Street Parking for certain manufacturing uses of Appendix A of the Village of Round Lake Park Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Article IV Section 4.10-6 herein.

9.

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

9.1

Facility may not be located within 150 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.

9.2

Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes located within the Village boundaries.

9.3

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

9.4

For purposes of determining required parking, said facilities shall be classified as "Class #30" Parking Class per Article XI, Section 11.1-2(B)(2) - Off-Street Parking for certain warehousing and distribution businesses of Appendix A of the Village of Round Lake Park Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Article IV Section 4.10-6 (Adult-Use Cannabis: Special Use) herein.

10.

Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act and further subject to the following restrictions and limitations:

10.1

No facility shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis, cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way or any property other than the lot on which the cannabis facility is located. No portion of the exterior of the facility shall contain any flashing lights, search lights or spotlights or similar lighting system.

10.2

Signage shall comply with the standards of the underlying zoning district. There shall be no use of temporary signage and all symbols and emblems displayed on the signage shall be appropriate and not aimed at attracting youth or underage buyers to the premises. All cannabis facilities will prominently display a sign indicating that access to the premises by anyone under the age of 21, unless accompanied by an adult or having a valid medical cannabis ID card, is prohibited and no person under the age of 21 is allowed to purchase products therein, unless such subject is 18 years of age and holds a valid medical cannabis ID card.

10.3

All buildings housing a cannabis facility shall be of brick, stone masonry or other material calculated to reasonably deter forced entry into such facility.

11.

Co-Location of Cannabis Business Establishments. The Village may approve the co- location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Special Use criteria within the Village of Round Lake Park Municipal Code. In a co-location, the floor space requirements of Section 6.3 and 7.3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

12.

All cannabis business establishments must comply with all applicable state and local laws, including the Cannabis Regulation and Tax Act, as amended, and applicable administrative rules.

13.

No cannabis business establishment shall be located within a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes and located within the Village boundaries.

14.

Drive-Thru Windows. Drive-thru windows are prohibited at cannabis business establishments.

15.

Random Inspections. In addition to those inspections authorized by state law, all cannabis business establishments are subject to inspections by the code official with the assistance of the Village Attorney, the Police Department, or other Village agents and employees when reasonable cause exists to believe there is a violation of state law or regulations or Village ordinances.

16.

Cannabis Waste. All cannabis business establishments must comply with all state, county and Village regulations governing cannabis waste.

17.

Hours of Operations. Unless otherwise prescribed by State law, the Board of Trustees may impose hours of operation for cannabis business establishments as a condition to reduce conflicts with surrounding land uses.

18.

Unconditional Agreement and Consent. All cannabis business establishments must file an unconditional agreement and consent to accept and abide by the Village Code and each and all of the special use permit conditions, in a form provided by the Village.

19.

State License. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must file a copy of all required state licenses to operate as a cannabis business establishment with the code official.

20.

Number of Licenses. The Board of Trustees may establish the number of each type of cannabis business establishments allowed in the Village by resolution, which shall authorize the creation or the removal of available licenses for all such cannabis related businesses.

(Ord. No. 20-06, § 2, 9-15-20)