A "farmers market" is a designated area where, on designated days and times, growers and producers may sell directly to the public from open or semi-open facilities or temporary structures in accordance with village regulations.

(A)

Uses Permitted: The sale of the following products is permitted subject to compliance with any federal, state or local law, rule or regulation and to its preparation, sale or marketing:

(1)

Articles for human consumption including, but not limited to, fruits, vegetables, edible grains, nuts, berries, apiary (bee) products, dairy products, eggs, cheese, meats, fish, poultry, baked goods, maple sugars, syrups and ciders.

(2)

Articles not for human consumption including, but not limited to, cut fresh and dried flowers, potted flowers, potted plants, and animal food products.

(B)

Prohibited Uses: The sale of hobby ware, art objects, and all types of crafts, clothing, and live animals is prohibited.

(C)

General Regulations:

(1)

Performance Standard: Participants may sell directly from small trucks and shall make only one (1) delivery per market day.

(2)

A one-year approval shall be granted for the special use. A continuance of the market after said one-year period shall require approval by either the village manager or designee, or by the village board. If the plans for the market are in substantial conformance to what was previously approved by the village board, the continuance may be approved by the village manager or designee. If the plans for the market are not in substantial conformance to what was previously approved by the village board, then the modifications shall be reapproved by the village board following review by the zoning board of appeals. Either method of approval shall not exceed one (1) year.

(D)

Site Plan Requirements:

(1)

The exact location of the farmers market on the site is required.

(2)

Location of garbage receptacles shall be designated on the site plan.

(3)

If permanent structures are desired, the design and location of each such structure must be approved at the special use hearing with the stipulation that they will be demolished or removed if the use is terminated.

(4)

Parking areas designated for the farmers market shall be paved in accordance with the regulations contained herein.

(5)

All approved traffic control devices must be labeled and indicated on the plans.

(6)

Sufficient washroom facilities should be provided.

(E)

Applicable Zoning District: The farmers market special use shall be limited to the B-2, B-3, B-4, and B-5 zoning districts.

(Ord. 163, passed 12-5-1961; Am. Ord. 1854, passed 5-27-1980; Am. Ord. 92-73, passed 6-23-1992; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 04-53, passed 4-27-2004; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 12-043, passed 4-10-2012)

Daycare centers are commercial enterprises with unique qualities which differentiate them from other permitted uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with neighboring property. Additionally, daycare centers are uses that are regulated by the Illinois Department of Children and Family Services (DCFS) and are required to meet certain state standards and regulations. These state requirements as well as the presence of children sets daycare centers apart from other permitted uses and requires the imposition of certain specific regulations.

(A)

When allowed as a special use within the M-P Planned Manufacturing District in the village, daycare centers are subject to the following general regulations:

(1)

All daycare centers must comply with all applicable state and federal laws including all regulations set forth by the Illinois Department of Children and Family Services.

(2)

When located within the M-P planned manufacturing district, daycare centers must be located on the periphery of the M-P planned manufacturing district and adjacent to a business district within the village, inclusive of all rights-of-way.

(3)

Daycare centers shall not be located adjacent to the M-1 manufacturing district, exclusive of rights-of-way.

(4)

Prior to receiving a special use permit to operate a daycare center within the village, the owner/operator must present the village with documentation showing that there are no EPA restrictions on the property that would prohibit it from being used as a daycare center.

(5)

Daycare centers shall not be located in multi-tenant buildings.

(6)

Outdoor play areas must be located a safe distance from adjacent properties. This distance shall be evaluated by the village and determined on case-by-case basis; however, play areas shall not be located adjacent to any truck dock. The determination of compliance with this provision shall be at the village's sole discretion.

(Ord. 18-130, passed 11-13-2018)

Editor's note— Ord. No. 16-021, § 8, adopted Feb. 23, 2016, repealed the former § 154.90.02, entitled "Wind Energy Conversion Systems (WECS)", which derived from: Ord. 163, passed Dec. 5, 1961; Am. Ord. 2054, passed Sept. 22, 1981; Am. Ord. 95-62, passed June 13, 1995; and Am. Ord. 08-065, passed Apr. 22, 2008. See section 154.70 for similar provisions.

Gas stations are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with their surroundings and only minimally impact the roadway network.

(A)

Uses Permitted: All gas stations shall be classified into one of the following categories:

(1)

Type A: A gas station which in addition to the retail dispensing of vehicular fuels offers to perform, as an accessory use, automotive maintenance, service or repairs including, but not limited to, the sale and installation of lubricants, tires, batteries and similar accessories for automotive vehicles by owner representatives. May also allow as an option customer dispensing of motor fuels at certain pump islands.

(2)

Type B: A gas station in which the dispensing of vehicular fuel is performed primarily by the individual patrons and which does not offer to perform any manner of automotive maintenance, service or repair.

(3)

Type C: A type A or B gas station which offers or includes, as an accessory use, the retail sale of merchandise or services not related to the maintenance, service or repair of automotive vehicles or additional principal uses.

(B)

Uses Not Allowed: The following uses shall not be performed in conjunction with any gas station:

(1)

The outdoor repair, service or maintenance of automobiles.

(2)

Painting and bodywork of automobiles.

(3)

The storage of wrecked or abandoned vehicles.

(4)

Automobile sales.

(5)

Bulk plants.

(C)

Hours of Operation: The hours of operation of all gas stations located within one hundred fifty feet (150') of a residential area shall be restricted to 6:00 a.m. through 10:00 p.m. daily.

(D)

Minimum Services Required: All gas stations regardless of category type shall, at a minimum, offer public restroom facilities and water and air for automotive vehicles for use by the general public. Air pump equipment for tire inflation shall be maintained in working order and shall not be coin operated.

(E)

Drive-Throughs: Drive-through windows and stacking lanes for accessory or additional principal uses within type C gas stations shall be physically separated from on-site parking and vehicle circulation areas. No drive-through stacking lane shall be permitted within thirty feet (30') of a residential area.

(F)

Design Criteria:

(1)

Canopies and Pump Islands: Canopies shall conform to the minimum building setback. Pump islands shall have a minimum setback of ten feet (10').

(2)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(3)

Architectural Compatibility of Buildings and Structures: All buildings and structures on a site shall be constructed of similar and compatible exterior materials with consistency in the application of permanent exterior colors and architectural style. Signs shall display similar and compatible colors, at a minimum, on the backgrounds of the signs.

(4)

Floor Area Ratio: Floor area ratio shall be calculated as the sum of all building floor area and the canopy or pump island area as a percentage of the area of the lot.

(5)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(6)

Access with Adjoining Sites: Gas stations located in existing or proposed shopping centers shall provide access interconnection with the shopping center.

(7)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(8)

Off-street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(9)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection district as set forth in section 154.196 of this chapter.

(10)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(11)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(12)

Signs: All signs shall conform to the requirement for signs as set forth in the Village of Schaumburg Sign Ordinance.

(13)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency.

(G)

Orientation Toward Shopping Centers: Gas stations located in an existing or proposed shopping center are encouraged to orient the gas station towards the shopping center and not the adjoining streets. For purposes of this section, "oriented towards" shall mean the direction in which the pump islands and main building face. In such event, the following design criteria would be applied:

(1)

Setback: The minimum building setback along publicly dedicated streets shall not be less than the front yard setback for the zoning district in which the building is located.

(2)

Pump Islands and Canopies: The minimum setback of pump islands and canopies shall be fifteen feet (15') from any property line.

(3)

Landscaping: A fifteen-foot (15') landscape area shall be provided between the building setback and public right-of-way. The area shall consist of a three-foot (3') high barrier, using berms if feasible and shrubs or trees (with a minimum diameter of two and one-half (2½) inches) distributed along fifty percent (50%) of the entire frontage. A ten-foot (10') curbed and landscaped area shall be provided around the remainder of the site. The ten-foot (10') area shall consist of at least fifty percent (50%) live landscaping in the form of trees at twenty-foot (20') intervals and intermittent shrub clusters.

(H)

Demolition of Vacated Gas Stations: If a gas station ceases operation and is vacated for a period of six (6) continuous months, the village board of trustees may, without need of further hearing, upon notification to the owner of the subject property by certified mail, return receipt requested, enter upon the premises, raze said station building, and restore said property at the cost of the owner, which may be recoverable as a lien against said property. The Village of Schaumburg does not assume any responsibility for the removal of underground storage tanks or the mitigation of contaminated soil conditions on the subject property. The village board of trustees may, by motion and majority vote, extend the special use for periods of up to one (1) year upon written request by the owner of the subject property or his authorized agent.

(Ord. 163, passed 12-5-1961; Am. Ord. 421, passed 8-8-1967; Am. Ord. 2156, passed 8-10-1982; Am. Ord. 3015, 7-26-1988; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-112, passed 9-23-1997; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 21-044, passed 4-13-2021)

Restaurants are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with their surroundings and only minimally impact the area roadway network.

(A)

Uses Permitted: All restaurants shall be classified into one (1) of the following categories:

(1)

Type A: A restaurant, including night clubs and lounges, where the product offered for sale is served for consumption within the confines of the restaurant. The food is ordered through and brought to the customer by a waiter or waitress, consumed, and all dishes cleared by the waiter or waitress in preparation for the next customer. Food may be provided for carry-out, but this is not a primary component of the business.

(2)

Type B: A restaurant where the product offered for sale is served in a ready to consume state in containers for primarily off-premises consumption. Type B restaurants shall not provide seating facilities but may provide limited space for consumption of food at standup counters.

(3)

Type C: A restaurant where the product offered for sale is served in cafeteria line style or a ready to consume state for on- or off-premises consumption. Type C restaurants may provide seating facilities and/or automobile service.

(B)

Design Criteria:

(1)

Refuse Disposal Area: All refuse disposal areas shall be screened on all sides by a solid wood fence or an equivalent material to a height of not less than six feet (6') but no more than seven feet (7').

(2)

Outdoor Seating: Outdoor seating areas shall be appropriately located on the premises and adequately landscaped as determined necessary by the director of community development or his/her authorized designee. Outdoor seating areas shall be included in calculating floor area for determining off-street parking requirements set forth in sections 154.120 through 154.127 of this chapter. Temporary seasonal outdoor seating which does not include the construction of a patio or other similar structure for placement of seating shall be permitted in accordance with section 154.64 of this chapter and shall not be included in calculating floor area for determining off-street parking requirements.

(3)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(4)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(5)

Access with Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(6)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(7)

Off-street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(8)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection district as set forth in section 154.196 of this chapter.

(9)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(10)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(11)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(12)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(13)

Floor Plan: A floor plan of the restaurant shall be submitted, showing the internal layout, location of tables, bars, waiting areas, offices, kitchen and all other uses, including accessory entertainment.

(14)

Accessory Entertainment: Accessory entertainment shall be permitted, licensed and maintained according to title 11, chapter 113 of this Code.

(C)

Drive-Through Windows: Restaurants which incorporate drive-through windows into their design shall conform with the following design criteria:

(1)

Automobile Reservoir and Stacking Areas: Automobile reservoir and stacking areas shall conform with the regulations set forth in sections 154.120 through 154.127 of this chapter.

(2)

Setbacks: All drive-through windows, including required automobile reservoir and stacking areas, shall be set back a minimum of ten feet (10') from all property lines and five feet (5') from on-site automobile parking areas.

(3)

Landscaping: Where a drive-through window, including required automobile reservoir and stacking areas, abuts a property line or an on-site automobile parking area, landscaping consisting of a landscaped berm, trees or dense plantings shall be provided to a minimum of three feet (3') in height along one hundred percent (100%) of all required landscape setbacks adjacent to the automobile reservoir and stacking areas in a design satisfactory to the director of community development or his/her authorized designee.

(Ord. 163, passed 12-5-1961; Am. Ord. 1252, passed 2-24-1976; Am. Ord. 1954, passed 2-17-1981; Am. Ord. 2227, passed 3-8-1983; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 98-58, passed 5-26-1998; Am. Ord. 04-104, passed 7-13-2004; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 20-084, passed 10-13-2020)

Car wash facilities are commercial enterprises with unique qualities which differentiate them from other permitted and special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

Hours of Operation: The hours of operation of all car wash facilities contiguous to a residential area shall be restricted to 6:00 a.m. through 10:00 p.m. daily.

(B)

Design Criteria:

(1)

Refuse Disposal Areas: All refuse disposal areas shall be appropriately screened in a design satisfactory to the director of community development or his/her authorized designee.

(2)

Screening of Open Air Structures: All open air portions of the structure shall be so located and designed to have the least impact on the adjoining properties. The open air portions of the structure shall be screened from adjoining properties by a solid screen to a minimum of six feet (6') in height, along the property line opposite all open air portions of the building the length of the building, in a design satisfactory to the director of community development or his/her authorized designee.

(3)

Rumble Strips: Rumble strips with trench drains and grates to intercept water dripping from vehicles or similar design features shall be provided to minimize the amount of water carried out of the facility onto adjacent streets.

(4)

Water Recycling: All car wash facilities shall be equipped with a system for recycling water and reusing recycled water per industry best practices. Such systems shall be maintained and operated at all times.

(5)

Automobile Reservoir and Stacking Areas: The automobile reservoir and stacking areas for car washes shall conform with the following design criteria:

a.

Number of Reservoir and Stacking Spaces: Automobile reservoir and stacking areas shall conform with the regulations set forth in sections 154.120 through 154.127 of this chapter.

b.

Setbacks: All stacking and automobile reservoir areas shall be set back a minimum of ten feet (10') from all property lines and a minimum of five feet (5') from on-site parking areas or drives.

c.

Additional Stacking Areas: Additional stacking areas as determined necessary by the zoning board shall be required for automobiles near the exit of the car wash for cleaning or vacuuming of vehicles.

d.

Landscaping: Where a stacking or automobile reservoir area abuts a property line or on-site parking area or drive, landscaping consisting of a landscaped berm, trees or dense plantings shall be provided to a minimum of three feet (3') in height along one hundred percent (100%) of the automobile reservoir or stacking area in a design satisfactory to the director of community development or his/her authorized designee.

(6)

Lighting: All exterior lighting shall be inwardly directed so that no direct lighting or glare is cast upon adjacent residential or institutional property.

(7)

Noise: Noise emanating from the facility shall not exceed the decibel levels set forth in chapter 8, Noise Regulations of the Illinois Pollution Control Board.

(8)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movements and circulation patterns onto public roadways.

(9)

Access with Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible, as determined appropriate by the director of community development or his/her authorized designee, to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(10)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(11)

Off-street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(12)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection district as set forth in section 154.196 of this chapter.

(13)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(14)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(15)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(16)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(Ord. 163, passed 12-5-1961; Am. Ord. 1948, passed 1-27-1981; Am. Ord. 2866, passed 9-8-1987; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 98-58, passed 5-26-1998; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 10-029, passed 4-13-2010; Am. Ord. 17-032, passed 4-11-2017; Am. Ord. 23-028, passed 3-28-2023)

Group homes are specialized residential care homes with unique characteristics which differentiate them from other permitted and special uses, and, as such, required the imposition of certain specific regulations intended to promote the health, safety and welfare of the residents of the home while ensuring that such uses are compatible with surrounding properties and maintain the residential character of the neighborhood in which they are located.

The following regulations shall govern the location and operation of group homes:

(A)

Occupancy: Occupancy of a group home shall not exceed a maximum of eight (8) unrelated persons, including resident support staff. A single occupancy bedroom shall contain a minimum of one hundred (100) square feet of net floor area (NFA) and each multiple occupancy bedroom shall contain a minimum of fifty-five (55) square feet of net floor area (NFA) per occupant exclusive of space devoted to closets, wardrobe areas, bathrooms, and clearly definable entryway areas.

(B)

Spacing: A group home may be located no closer than one thousand three hundred twenty feet (1,320') from another group home in a single-family residential district, and no closer than six hundred feet (600') from another group home in a multiple-family residential area. This requirement may only be waived if the village board, acting upon the recommendation of the zoning board, finds that the cumulative effect of such uses would not alter the residential character of the neighborhood; would not create an institutional setting; and would not adversely affect surrounding properties.

(C)

Residential Character: A group home shall be designed to be compatible in size, type and building material to adjacent homes. In addition, a group home shall have no signage or activities that would alter the residential character or appearance of the dwelling. With the exception of those office activities and meetings which involve only the resident staff of the group home in which they occur, no office use or agency meetings may be held within the group home.

(D)

Traffic Generation and Parking: A group home shall not generate any more traffic than typically associated with a single-family or multiple-family residence, nor require more vehicular parking than exists on a local residential street or the parking spaces assigned to the dwelling unit.

(E)

Maintenance: Group homes shall be maintained in a safe, sanitary and attractive condition at all times, in conformance with all applicable local, state and federal codes and ordinances.

(F)

Licensing: Group homes shall obtain and maintain at all times valid licensing, certification, and/or accreditation by appropriate local, state and national bodies charged with the regulation of group homes and shall adhere to all governing local, state and national codes and regulations. Group homes not licensed by local, state or national licensing, certification, or accreditation processes shall not be allowed. In addition, the group home sponsor shall supply the village with the following information:

(1)

Location of the group home.

(2)

Name, address, and qualifying references of the sponsoring agency.

(3)

Letter of explanation elaborating on the maximum number of residents to be served, general programming, hours of operation and maximum number of and qualifications of staff to be assigned to the group home. Whenever clients are present, at least one qualified staff person, as determined appropriate by current Illinois Department of Mental Health and Developmental Disabilities standards, shall be present in the group home at all times.

(4)

Evidence of appropriate local, state and/or national licensing, certification or accreditation for the facility and/or agency, as required.

(5)

Building floor plan and plat of survey.

(6)

Proof of agency ownership, option to own, or signed lease for the residence to be occupied. Ownership or lease of the group home by residents of the facility shall be permitted provided agency ownership and leasing requirements as set forth by the Illinois Department of Mental Health and Developmental Disabilities and delineated in section 115.300 - environmental management of living arrangements, paragraphs b) and c) are complied with.

(G)

Biannual Inspection: Group homes, as determined necessary by the director of community development or his/her designee, shall be subject to two (2) unannounced inspections per year. The inspections are to ensure that all of the regulations in this and all other village ordinances are adhered to as a responsibility of receiving special use approval for such a use in a dwelling. The first such inspection shall occur as part of the village's review process for the group home. Failure to comply with the provisions of this or any other codes or ordinances will result in the revocation of the special use for the group home.

(Ord. 163, passed 12-5-1961; Am. Ord. 91-39, passed 4-9-1991; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-065, passed 4-22-2008)

Users of hazardous materials and waste which fall within the guidelines and listings as defined as use group H, high hazardous use groups of the adopted BOCA National Building Code have unique characteristics which differentiate them from other permitted or special uses and, as such, require the imposition of certain specific regulations, review and attention to promote the health, safety and welfare of the community while ensuring that such uses are compatible with surrounding properties and maintain the character of the area in which they are located. Said list of users of hazardous materials and waste as contained in the adopted edition of the BOCA National Building Code shall be reviewed annually by the fire prevention bureau for completeness.

(Ord. 163, passed 12-5-1961; Am. Ord. 92-74, passed 6-23-1992; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-152, passed 12-9-1997; Am. Ord. 08-065, passed 4-22-2008)

Internet auto sales facilities are commercial enterprises with unique qualities which differentiate them from other permitted uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

General Regulations.

1.

All activities, including vehicle storage, shall occur completely within the enclosed building or rear of the property, except for the arrival and departure of automobiles.

a.

Freestanding buildings can store up to five (5) vehicles if they are screened from the roadway.

b.

Multi-tenant buildings can store up to two (2) vehicles if they are screened from the roadway.

2.

The use shall be limited to the display of vehicles to customers by appointment only and related office use.

3.

No more than one (1) such use shall be permitted in a multi-tenant building.

4.

No advertising inviting the general public to the showroom shall be permitted.

5.

The business must be in compliance with applicable regulations of the Illinois Secretary of State's office with respect to licensing, and obtain a state dealers license.

(Ord. 17-036, passed 4-25-2017)

Tattoo establishments are commercial enterprises with unique qualities which differentiate them from other permitted uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

General Regulations:

1.

All tattoo establishments must comply with Title 77: Public Health, Part 707 Body Art Code, Section 797.1200 Establishment Certificate of Registration Requirements.

2.

Hours of operation shall be limited from 10:00 a.m. to 10:00 p.m.

3.

The main entrance shall be visible from the public street and shall remain unlocked at all times during hours of business.

4.

Any windows or doors into the lobby or waiting area shall not be covered. The lobby or waiting area must be clearly visible and not obstructed unless designed otherwise and approved by the Village of Schaumburg.

5.

No person, while on the premises of any tattoo establishment shall possess, sell, dispense, provide, give, keep or maintain any alcoholic beverage.

(Ord. 17-053, passed 6-13-2017)

Editor's note— Formerly § 154.90.09 was entitled "Amusement and Entertainment Establishments", which was repealed by Ord. No. 16-015, passed Feb. 9, 2016. See section 154.69 for similar provisions.

The following standards shall be applied to all rooming houses, whether permitted uses or special uses:

(A)

Permitted Use Standards: Up to two (2) unrelated individuals may be permitted to room in a single-family residence provided the following:

(1)

The owner of the house shall live in the house.

(2)

The house has at least three (3) legally constructed bedrooms.

(3)

A minimum of one (1) off-street parking space is provided for each roomer, and a maximum of one (1) off-street parking space is provided for each roomer.

(4)

There are no separate kitchen or food preparation areas.

(5)

All other applicable local and state regulations are adhered to.

(Ord. 03-23, passed 2-11-2003; Am. Ord. 03-46, passed 4-8-2003; Am. Ord. 08-065, passed 4-22-2008)

(A)

Purpose: The purpose of this section is to establish guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

(1)

Protect residential areas from potential adverse impacts of towers and antennas;

(2)

Encourage the location of towers in nonresidential areas;

(3)

Minimize the total number of towers throughout the community;

(4)

Strongly encourage the joint use of existing and new towers as a primary option rather than construction of additional single use towers;

(5)

Encourage users of towers and antennas to configure them in a way which minimizes the adverse visual impact of towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(6)

Avoid potential damage to adjacent properties from collapse of an antenna tower through the use of tower structure setback requirements;

(7)

Enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

(8)

Give due consideration to the Village of Schaumburg Comprehensive Plan with its various elements and amendments; and

(9)

Encourage cellular networks to use good planning when establishing a new system or making improvements to an existing system.

(B)

Collocation: Collocation is preferable, and as such it shall be the policy of the Village of Schaumburg to encourage maximized usage of existing antenna towers before allowing other towers to be built at new locations. A good faith effort shall be made to secure collocation. However, if collocation is not secured, written justification shall be presented which accurately documents the efforts made to secure collocation and the reason(s) that a collocation agreement was not successfully secured.

(C)

Visual Impacts: All special use permit requests for antennas and/or antenna towers shall include a site development plan with building and/or elevation views, landscape plans, and a detailed analysis of the visual impacts which would result from the proposed antenna and/or antenna tower.

(D)

Height of Antenna Towers: As part of the special use request, the maximum height of any antenna tower shall not exceed eighty-five feet (85') in height as measured from the grade to the highest projection of any antenna on the structure.

(E)

Setbacks for Antenna Towers: Because of the potential public safety issue from a collapsing antenna tower, all antenna towers shall be set back from all property lines at least one foot (1') for every one foot (1') of antenna tower height. Additionally, all antenna towers shall be constructed within the rear yard area of any lot and/or to the rear of any principal use.

(F)

Lighting: No lighting is allowed on any antenna or antenna tower except as may be required by the Federal Aviation Administration (FAA).

(G)

Special Use for Antenna Towers Within Residential Districts: Requests for special use permits for the establishment of antenna towers may only be made for those properties in which an established institutional use has been constructed within any of the several residential districts. Established institutional uses include government uses, school uses, health and medical uses, cultural uses, utility uses and religious uses.

(H)

Screening: Satellite receiving dishes which are greater than one (1) meter in diameter and approved as a special use within any residential district, satellite receiving dishes located in business and manufacturing districts, mechanical equipment, and mechanical equipment buildings which are necessary to the operation of any antenna shall be screened from view using any of the following methods:

(1)

Locating mechanical equipment within the principal structure is strongly encouraged in order to minimize exterior visual impacts.

(2)

All rooftop mechanical equipment shall be completely hidden from view. If screening is required, it shall be a continuous, permanent, and noncombustible screen of a color compatible with the principal structure. The screen should be designed as an architectural component of the structure in the form of a parapet wall. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the village's building code in effect at the time modifications are made.

(3)

All ground-mounted satellite receiving dishes, mechanical equipment, and mechanical equipment buildings within business and manufacturing districts shall be screened from view per the requirements of section 154.136 of this chapter. Mechanical equipment building shall be constructed to be consistent with the material of the principal structure. Wherever possible, ground mounted satellite dishes, mechanical equipment and mechanical equipment buildings shall be recessed into the ground. Additionally, landscaping shall be provided around the satellite receiving dish, mechanical equipment, or mechanical equipment buildings per the requirements of section 154.136 of this chapter.

(4)

Mechanical equipment shall be prohibited from being mounted to antenna towers in any form.

(I)

Small Wireless Facilities: The regulations of this section 154.90.11 do not apply to small wireless facilities or wireless support structures for small wireless facilities. Small wireless facilities or wireless support structures for small wireless facilities are separately regulated by chapter 159 (Small Wireless Facilities) of the village Code.

(Ord. 03-80, passed 6-24-2003; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 19-068, passed 8-13-2019)

Billiard and pool halls are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with their surroundings and only minimally impact the area roadway network.

(A)

Uses Permitted: All billiard and pool halls shall abide by regulations set forth in title 11, chapter 113A of this Code and shall be classified into one (1) of the following categories:

(1)

Type A: A billiard or pool hall where the primary use of the facility is the use of billiard and pool tables.

(2)

Type B: A billiard or pool hall where the primary use of the facility is the use of billiard and pool tables, and secondary use of the facility is the consumption of food and beverages. All type B billiard and pool halls shall abide by public health and alcoholic beverage licensing requirements set forth in this Code.

(B)

Design Criteria:

(1)

Refuse Disposal Area: All refuse disposal areas shall be screened in accordance with title 9, chapter 96 of this Code.

(2)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(3)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(4)

Access With Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(5)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(6)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(7)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection district as set forth in section 154.196 of this chapter.

(8)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(9)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision and Land Use Ordinance.

(10)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(11)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(12)

Floor Plan: A floor plan of the billiard or pool hall shall be submitted, showing the internal layout including, but not limited to, the location of tables, bars, waiting areas, offices, kitchen and all other uses, including accessory entertainment.

(13)

Accessory Entertainment: Accessory entertainment shall be permitted, licensed and maintained according to title 11, chapter 113 of this Code.

(14)

Hours of Operation: It shall be unlawful for any person to keep open, operate or use any billiard and/or pool hall in the village between the hours of 1:00 a.m. and 6:00 a.m. on Monday through Friday, inclusive; and between the hours of 2:00 a.m. and 6:00 a.m. on Saturdays and Sundays and on January 1 of each year, unless regulated differently under liquor license and/or entertainment license requirements for the establishment. However, hours of operation shall be consistent with specific liquor and/or entertainment license requirements for the establishment.

(Ord. 05-109, passed 8-9-2005; Am. Ord. 08-065, passed 4-22-2008)

Drive-through facilities are commercial enterprises with unique qualities which differentiate them from other permitted and special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, moral and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

Uses Permitted: All drive-through facilities for restaurants, pharmacy, bank, car wash, or similar uses shall abide by the regulations as set forth in title 11, chapter 110 of this Code.

(B)

Hours of Operation: The hours of operation of all drive-through facilities within one hundred fifty feet (150') of a residential area shall be restricted to 6:00 a.m. through 10:00 p.m. daily, excluding automated teller machines (ATMs) at bank facilities.

(C)

Design Criteria:

(1)

Vehicle Stacking Area: Vehicle stacking areas shall be isolated from parking and any means of circulation by means of a landscaped median.

(2)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(3)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(4)

Access With Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(5)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(6)

Off-street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(7)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection overlay district as set forth in section 154.196 of this chapter.

(8)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(9)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision and Land Development Ordinance.

(10)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(11)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(D)

Provisions for Freestanding Banks: Freestanding banks with drive-through facilities shall be prohibited form locating on a corner lot or along a major arterial roadway unless part of a larger commercial development.

(1)

If the larger commercial development is less than three (3) acres in area, the freestanding bank shall account for no more than fifty percent (50%) of the total development.

(2)

If the larger commercial development is more than three (3) acres in area, the freestanding bank shall account for no more than ten percent (10%) of the total development.

(Ord. 06-10, passed 1-10-2006; Am. Ord. 06-119, passed 6-13-2006; Am. Ord. 06-171, passed 9-12-2006; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-065, passed 4-22-2008)

Editor's note— Ord. 23-028, § 6, adopted Mar. 28, 2023, deleted § 154.90.14 entitled "Computer Service Establishments," which derived from Ord. 06-111, passed June 13, 2006; Ord. 07-198, passed Dec. 11, 2007; and Ord. 08-065, passed April 22, 2008.

Miniwarehouse mixed use facilities are commercial enterprises with unique qualities which differentiate them from other permitted and special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, moral, and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

Uses Permitted: All miniwarehouse mixed use facilities which are located in a B-2 zoning district, shall abide by the regulations as set forth in title 11, chapter 110 of this Code.

(B)

Location Next to Residential Uses: Miniwarehouse mixed use facilities shall not be located directly adjacent to any residential property.

(C)

Design Criteria:

(1)

Building Street Frontage: One hundred percent (100%) of the ground level floor of the building structure which faces an adjacent roadway shall be utilized for retail or office uses. Each additional story above the first floor may be utilized for a combination of either retail, office, and/or miniwarehouse uses. Interior access doors to individual storage units shall not be visible from an adjacent roadway.

(2)

Building Design: The design of a mixed used miniwarehouse building should be compatible with surrounding properties in both architectural design and massing of the building structure.

(3)

Loading Berths: Loading berths, dock areas, and overhead access doors to the building shall be completely screened from view from adjacent roadways. Loading berths shall be designed in such a manner that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the site.

(4)

Storage: Access to individual storage spaces shall be internal to the building only. No external access doors to individual storage spaces will be permitted. All items located on site must be stored within a building structure. No outdoor storage will be permitted.

(5)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(6)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(7)

Access With Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(8)

Mixed Use PUD: All mixed use facilities shall conform to the requirements for mixed use planned unit developments as set forth in sections 154.105 through 154.111 of this chapter.

(9)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(10)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(11)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection overlay district as set forth in section 154.196 of this chapter.

(12)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(13)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(14)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(15)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, color, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(Ord. 06-154, passed 8-22-2006; Am. Ord. 08-065, passed 4-22-2008)

Auto body shops are commercial enterprises with unique qualities which differentiate them from other permitted and special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, moral, and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

Uses Permitted: All auto body shops which are located within a B-2 zoning district shall abide by the regulations as set forth in title 11, chapter 110 of this Code.

(B)

Location Next To Residential Uses: Auto body shops shall not be located directly adjacent to any residential property.

(C)

Hours of Operation: The hours of operation of all auto body shops located within one hundred fifty feet (150') of a residential area shall be restricted to 6:00 a.m. through 10:00 p.m. daily.

(D)

Design Criteria:

(1)

Vehicle Storage: All vehicles that are to be repaired shall be stored either in an enclosed building or within an outdoor storage area that is completely screened from view with a solid wall or fence. No other type of exterior storage shall be permitted. Vehicle storage areas shall be oriented towards the interior of the site and not adjacent roadways.

(2)

Vehicle Service Bays: Vehicle service bays, loading berths, dock areas, and overhead access doors to the building shall be completely screened from view from adjacent roadways. Loading berths shall be designed in such a manner that in the process of loading and unloading no vehicle will block the passage of other vehicles on the site.

(3)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(4)

Access To Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(5)

Access With Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(6)

Tree Preservation, Landscaping And Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(7)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(8)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection district as set forth in section 154.196 of this chapter.

(9)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(10)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(11)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(12)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(Ord. 07-043, passed 3-13-2007; Am. Ord. 08-065, passed 4-22-2008)

Retail tobacco and smoking uses are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with their surroundings.

(A)

Uses Permitted: All retail tobacco and smoking stores shall abide by regulations set forth in title 9, chapter 95 and title 11, chapter 122 of this code.

(B)

Design Criteria:

(1)

Refuse Disposal Area: All refuse disposal areas shall be screened on all sides by a solid wood fence or an equivalent material to a height of not less than six feet (6') but no more than seven feet (7').

(2)

Exterior Lighting: Exterior lighting shall be extinguished no later than thirty (30) minutes after the close of the retail tobacco and smoking store. However, exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(3)

Access To Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(4)

Access With Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(5)

Tree Preservation, Landscaping And Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(6)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(7)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection district as set forth in section 154.196 of this chapter.

(8)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(9)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(10)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(11)

Performance Standards: All uses shall conform to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the Illinois Protection Act and administered by the Illinois Environmental Protection Agency and any ordinance of the Village of Schaumburg.

(12)

Floor Plan: A floor plan of the retail tobacco and smoking store shall be submitted, showing the internal layout including, but not limited to, the location of tables, waiting areas, offices, and all other uses.

(13)

Adult Employee: An employee over the age of eighteen (18) years shall be present within the retail tobacco and smoking store during all hours of operation.

(14)

Clear View Into Interior: No establishment approved as a retail tobacco and smoking store shall allow or permit any screen, blind, curtain, partition, article or other things to be placed in the windows or upon the doors of such licensed premises, nor inside such premises which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk after sunset.

(Ord. 08-065, passed 4-22-2008)

Smokehouses are commercial enterprises with unique qualities which differentiate them from other permitted and special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals, and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network.

(A)

Location Next To Residential Uses: Smokehouses shall be located a minimum of one thousand feet (1,000') away from any residential property.

(B)

Conformance: Any smokehouse establishment lawfully existing or under construction on the effective date hereof which does not conform to the provisions of this chapter shall apply for a special use by February 1, 2009. If a special use is not applied for by February 1, 2009, the business license for the said smokehouse shall not be renewed for the next calendar year.

(C)

Design Criteria:

(1)

Emission Reductions: Any smokehouse shall be required to comply with all USEPA required or approved control technologies and any other governmental agency rules, requirements or regulations regarding emissions.

(2)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(3)

Access To Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(4)

Access With Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(5)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(6)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(7)

Wetland Protection Overlay District: Where applicable, all uses shall conform to the requirements of the wetland protection overlay district as set forth in section 154.196 of this chapter.

(8)

Olde Schaumburg Centre Overlay District: Where applicable, all uses shall conform to the requirements of the Olde Schaumburg Centre Overlay District as set forth in section 154.195 of this chapter.

(9)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(10)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(11)

Performance Standards: All uses shall provide evidence of conformity to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the State of Illinois and administered by the Illinois Environmental Protection Agency, the United States of America and administered by the federal environmental agency, and any ordinance of Cook County or the Village of Schaumburg.

(Ord. 08-145, passed 10-28-2008)

Medical cannabis cultivation centers and dispensaries are enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with their surroundings.

(A)

Criteria:

(1)

Submission Requirements: The following items shall be submitted as part of the special use request for a cultivation center or dispensary:

(a)

An accurately dimensioned site plan indicating buildings, building entrances, parking, sidewalks, adjacent streets and immediately surrounding uses.

(b)

A floor plan of the interior of the facility indicating the principal uses on the floor plan. Floor plans for dispensaries shall include areas where non-patients will be permitted, private consulting areas, storage areas, and retail areas.

(c)

A plan for disposal of any medical cannabis or byproducts that are not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable state or local regulations.

(d)

A plan for ventilation of the medical cannabis business that describes the ventilation systems that will be used to prevent any odor of medical cannabis off the premises of the business. For cultivation centers, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.

(e)

A security plan for the medical cannabis business that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations.

(2)

Exterior Appearance: The exterior appearance of the building of a cultivation center or dispensary shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

(3)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(4)

Performance Standards: All uses shall provide evidence of conformity to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the State of Illinois and administered by the Illinois Environmental Protection Agency, the United States of America and administered by the federal environmental agency, and any ordinance of Cook County or the Village of Schaumburg.

(5)

Location:

(a)

A cultivation center or dispensary shall not be located within one thousand five hundred (1,500) feet of the property line of any pre-existing cultivation center or dispensary located within or outside the village.

(b)

Dispensaries:

1.

Single Use Properties: A dispensary may not be located within one thousand (1,000) feet of the property line of a pre-existing public or private preschool or elementary or secondary school, daycare center or place of worship.

2.

Multi-tenant or Multi-use Properties: A dispensary may not be located within one thousand (1,000) feet of the building space (tenant footprint plus any outdoor play areas) of a pre-existing public or private preschool or elementary or secondary school, daycare center or place of worship.

3.

The distances in this subsection will be determined by drawing a straight line from the pre-existing public or private preschool or elementary or secondary school, daycare center or place of worship to the closest part of any building used for the proposed dispensary. When a dispensary is located within a subsection of property by virtue of a lease, deed, or other arrangement (e.g., a tenant in a shopping center), measurement shall be from the subsection of property (i.e., boundaries of the establishment's leased building premises).

(6)

Exterior Lighting for Dispensaries: Dispensaries shall install lighting to illuminate the exterior of the building and all entrances and exits to the facility. Exterior lighting shall be one (1) footcandle, and shall remain on until at least one (1) hour after the closing of the dispensary. In addition, all exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(7)

Dispensary Entrance: A dispensary may have more than one (1) means of egress from the interior so as to meet building codes and public safety concerns; however, it shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing cannabis. The dispensary entrance shall be located and maintained clear of any barriers, landscaping and similar obstructions that may block the view so that the entrance and pedestrian access is clearly visible from the public street, sidewalk and parking area.

(8)

Cannabis Paraphernalia and Product Display at Dispensaries: No retail sales of cannabis paraphernalia are permitted except as permitted by law to qualifying patients and/or designated caregivers. No medical cannabis or paraphernalia shall be displayed or kept in a dispensary so as to be visible from outside the premises.

(9)

On-site Use Prohibited: No marijuana shall be smoked, eaten or otherwise consumed or ingested within the medical cannabis business.

(10)

Other Standards: A cultivation center or dispensary shall abide by all other applicable state and village regulations and requirements.

(B)

There is hereby imposed an impact fee on medical cannabis dispensaries based on the specific need for additional public safety services at and surrounding the medical cannabis dispensary and the costs associated with providing said additional public safety services. This impact fee shall be payable annually by the owner of the medical cannabis dispensary to offset the impact on the provision of the additional public safety services, and shall be initially set at thirty-seven thousand seven hundred fifty-two dollars ($37,752.00).

(C)

The impact fee as provided for in subsection (B) above, shall be adjusted annually based on the calculated direct impact on public safety services attributable to the medical cannabis dispensary from the prior year. In January of each year, the village, if necessary, shall provide the owner of a medical cannabis dispensary with a refund of the difference between the impact fee paid for the prior year and the calculated direct impact on public safety services attributable to the medical cannabis dispensary for that year.

(D)

The payment of the impact fee, and the annual adjustment of the same, shall be a required condition for the issuance of a special use permit for a medical cannabis dispensary pursuant to section 154.90.19 of the village Code.

(Ord. 14-048, passed 5-13-2014; Am. Ord. 15-008, passed 1-27-2015; Am. Ord. 19-107, passed 12-10-2019)

Editor's note— Former § 154.90.19 entitled "Massage Establishments (as Principal Use)", was deleted by Ord. No. 13-031, § 2, adopted Apr. 16, 2013, and derived from Ord. 08-146, passed Oct. 28, 2008.

Editor's note— Ord. 24-057, passed July 23, 2024, deleted § 154.90.20 entitled "Apiaries," which derived from Ord. 17-031, passed April 11, 2017. See § 154.72 for similar provisions.

Adult-use cannabis business establishments are commercial enterprises with unique qualities which differentiate them from other permitted uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with neighboring property. Additionally, adult-use cannabis business establishments are uses that are regulated by the Illinois Department of Agriculture and Illinois Department of Financial and Professional Regulation and must comply with all regulations provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.), as recently amended by P.A. 101-363, and as either Act may be subsequently amended from time-to-time, as well as the regulations promulgated thereunder. These state requirements set adult-use cannabis business establishments apart from other permitted uses and requires the imposition of certain specific regulations.

(A)

Prohibited Uses:

(1)

Adult-Use Cannabis Business Establishments: The village, pursuant to authority granted to units of local government in the Cannabis Regulation and Taxation Act to prohibit the location of all or certain adult-use cannabis business establishments, prohibits the location of the all adult-use cannabis business establishments within the village boundaries, except as provided for in appendix A (Summary of Permitted and Special Uses).

(B)

Criteria:

(1)

Submission Requirements: The following items shall be submitted as part of the special use request for an adult-use cannabis business establishments:

(a)

An accurately dimensioned site plan indicating buildings, building entrances, parking, sidewalks, adjacent streets and immediately surrounding uses.

(b)

A floor plan of the interior of the facility indicating the principal uses on the floor plan. Floor plans for dispensaries licensed under the Compassionate Use of Medical Cannabis Program Act shall include areas where non-patients will be permitted, private consulting areas, storage areas, and retail areas.

(c)

A plan for disposal of any cannabis or byproducts that are not sold in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable state or local regulations.

(d)

A plan for ventilation of the cannabis business establishment that describes the ventilation systems that will be used to prevent any odor of cannabis off the premises of the business. For cultivation centers, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.

(e)

A security plan for the cannabis business establishment that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations. Security arrangements must deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products from the adult-use cannabis business establishment, and ensure the safety of employees and customers of the adult-use cannabis business establishment, as well as the surrounding area, and include no less than the minimum security and lighting measures required by state law. The security plan shall be reviewed and approved by the chief of police.

(f)

The proposed plan of operations of the adult-use cannabis business establishment must demonstrate the intent of the organization to operate in full compliance with the Cannabis Regulation and Tax Act and/or Medical Cannabis Act, as applicable.

(g)

A signage plan shall be submitted. The proposed signage plan shall comply with the following standards:

1.

The proposed signage plan is consistent with the overall intent and purpose of the village's signage regulations contained in the village Code.

2.

The proposed signage plan will not be detrimental to or endanger the public health and safety.

3.

The proposed signage plan will not diminish the use or enjoyment of other properties in its vicinity.

4.

The proposed signage plan will be consistent with the character of the village.

5.

The proposed signage plan will minimize adverse effects, including visual impacts, to adjacent or adjoining properties.

6.

The proposed signage plan takes into account the maximum permitted height for signage in the area proposed.

7.

The proposed signage plan takes into account the maximum permitted area for signage proposed.

8.

The proposed signage plan takes into account the maximum items of information permitted for signage.

9.

The proposed signage plan addresses the manner in which wording on the proposed signage would create an impact on traffic in the area.

(2)

Signs:

(a)

All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance;

(b)

No sign shall contain any logo, name, wording, statement or illustration that is:

1.

False or misleading;

2.

Promotes the overconsumption of cannabis;

3.

Displays cannabis;

4.

Shows someone under twenty-one (21) consuming cannabis;

5.

Makes health or medicinal claims about cannabis;

6.

Includes the image of the cannabis leaf or bud;

7.

Includes any image that is likely to appeal to minors; or

8.

Contains any slang or colloquial term for cannabis or cannabis paraphernalia.

(3)

Exterior Appearance: The exterior appearance of the building of an adult-use cannabis business establishment shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

(4)

Off-Street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(5)

Performance Standards: All uses shall provide evidence of conformity to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the State of Illinois and administered by the Illinois Environmental Protection Agency, the United States of America and administered by the federal environmental agency, and any ordinance of Cook County or the Village of Schaumburg.

(6)

Location:

(a)

An adult-use cannabis business establishment shall not be located within one thousand five hundred (1,500) feet of the property line of any pre-existing adult-use cannabis business establishment located within or outside the village.

(b)

Adult-use cannabis dispensing organizations:

1.

Single Use Properties: A dispensary may not be located within one thousand (1,000) feet of the property line of a pre-existing public or private preschool or elementary or secondary school, daycare center or place of worship.

2.

Multi-tenant or Multi-use Properties: A dispensary may not be located within one thousand (1,000) feet of the building space (tenant footprint plus any outdoor play areas) of a pre-existing public or private preschool or elementary or secondary school, daycare center or place of worship.

3.

The distances in this subsection will be determined by drawing a straight line from the pre-existing public or private preschool or elementary or secondary school, daycare center or place of worship to the closest part of any building used for the proposed dispensary. When a dispensary is located within a subsection of property by virtue of a lease, deed, or other arrangement (e.g., a tenant in a shopping center), measurement shall be from the subsection of property (i.e., boundaries of the establishment's leased building premises).

(7)

Exterior Lighting for Dispensaries: Dispensaries shall install lighting to illuminate the exterior of the building and all entrances and exits to the facility. Exterior lighting shall be one (1) footcandle, and shall remain on until at least one (1) hour after the closing of the dispensary. In addition, all exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(8)

Dispensary Entrance: A dispensary may have more than one (1) means of egress from the interior so as to meet building codes and public safety concerns; however, it shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis. The dispensary entrance shall be located and maintained clear of any barriers, landscaping and similar obstructions that may block the view so that the entrance and pedestrian access is clearly visible from the public street, sidewalk and parking area.

(9)

Cannabis Paraphernalia and Product Display at Dispensaries: No cannabis or paraphernalia shall be displayed or kept in a dispensary so as to be visible from outside the premises.

(10)

On-site Use Prohibited: No cannabis shall be smoked, eaten or otherwise consumed or ingested within any adult-use cannabis business establishment and within the parking areas or other public areas of an adult-use cannabis business establishment.

(11)

Other Standards:

(a)

All adult-use cannabis business establishments shall abide by all other applicable state and village regulations and requirements.

(b)

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

(c)

Adult-use cannabis business establishments shall obtain and maintain at all times valid licensing, certification, and/or accreditation by appropriate local, state and national bodies charged with the regulation of adult-use cannabis business establishments and shall adhere to all governing local, state and national codes and regulations.

(C)

A maximum of five (5) adult-use cannabis dispensing organizations may operate within the village pursuant to a special use permit.

(D)

A maximum of five (5) total adult-use cannabis cultivation centers, adult-use cannabis craft growers, adult-use cannabis infuser organizations or infusers, adult-use cannabis processing organizations or processors, or adult-use cannabis transporting organizations or transporters may operate within the village pursuant to a special use permit. Cannabis testing facilities are excluded from this maximum.

(Ord. 19-107, passed 12-10-2019; Am. Ord. 20-032, passed 5-12-2020)

Video gaming cafés are commercial enterprises with unique qualities which differentiate them from other permitted uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with neighboring property. Additionally, video gaming cafés are uses that are regulated by the Illinois Gaming Board and must comply with all regulations provided in the Illinois Video Gaming Act (230 ILCS 40/1 et seq.), and as the Act may be subsequently amended from time-to-time, as well as the regulations promulgated thereunder. These state requirements set video gaming cafés apart from other permitted uses and require the imposition of certain specific regulations.

(A)

Criteria:

(1)

Submission Requirements: The following items shall be submitted as part of the special use request for a video gaming café:

(a)

An accurately dimensioned site plan indicating buildings, building entrances, parking, sidewalks, adjacent streets and immediately surrounding uses.

(b)

A scaled floor plan of the interior of the facility shall be submitted, showing the location, layout and square footage of all areas, including tables/seating, dining, bars, waiting area, offices, kitchen, video gaming devices, bathrooms, mechanicals, etc. The floor plan shall clearly indicate the proposed location of all video gaming terminals and the type of screening to be utilized to segregate the area.

(c)

A security plan for the video gaming café that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations. Security arrangements must deter and prevent unauthorized entrance into areas containing video gaming devices, and ensure the safety of employees and customers of the video gaming café, as well as the surrounding area, and include no less than the minimum security measures required by state law. The security plan shall be reviewed and approved by the chief of police.

(d)

The proposed plan of operations of the video gaming café must demonstrate the intent of the organization to operate in full compliance with the Illinois Video Gaming Act, as applicable.

(2)

All video gaming cafes must receive a license from the village pursuant to chapter 112 of this Code in order to operate.

(3)

Size: All video gaming cafes must be at least one thousand five hundred (1,500) square feet in size.

(4)

Refuse Disposal Area: All refuse disposal areas shall be screened on all sides by a solid wood fence or an equivalent material to a height of not less than six feet (6') but no more than seven feet (7').

(5)

Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off-premises.

(6)

Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(7)

Access with Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways.

(8)

Tree Preservation, Landscaping and Screening: All uses shall conform to the requirements for tree preservation, landscaping and screening as set forth in sections 154.135 and 154.136 of this chapter.

(9)

Off-street Parking and Loading: All uses shall conform to the requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(10)

Sewer and Water: All uses shall be serviced by a municipal sewer and water system as set forth in the Village of Schaumburg Subdivision Control Ordinance.

(11)

Signs: All signs shall conform to the requirements for signs as set forth in the Village of Schaumburg Sign Ordinance.

(12)

Exterior Appearance: The exterior appearance of the building shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

(13)

Performance Standards: All uses shall provide evidence of conformity to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the State of Illinois and administered by the Illinois Environmental Protection Agency, the United States of America and administered by the federal environmental agency, and any ordinance of Cook County or the Village of Schaumburg.

(14)

Location: No video gaming café shall be located within one thousand five hundred (1,500) feet from any other establishment licensed and authorized by the village to operate video gaming devices.

(15)

Entrance: A video gaming café may have more than one (1) means of egress from the interior so as to meet building codes and public safety concerns; however, it shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing video gaming devices.

(16)

Other Standards:

(a)

All video gaming cafés shall abide by all other applicable state and village regulations and requirements including all provisions of chapter 112 of this Code.

(b)

Video gaming cafés shall obtain and maintain at all times valid licensing, certification, and/or accreditation by appropriate local, state and national bodies charged with the regulation of video gaming and shall adhere to all governing local, state and national codes and regulations.

(B)

A maximum of five (5) video gaming cafes may operate within the village pursuant to a special use permit.

(Ord. 19-098, passed 12-10-2019; Am. Ord. 21-002, passed 1-12-2021)