A.   Permitted: Permitted uses of buildings, structures or parcels of land shall be allowed in the zoning districts indicated under the conditions specified. No buildings, structures or parcels of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building, structure or parcel of land shall be located, with the exception of the following:

      1.   Uses lawfully established on the effective date hereof in accordance with the provisions of chapter 9 of this title.

      2.   Conditional uses allowed in accordance with the provisions of subsection B of this section and section 10-12-4 of this title.

   B.   Conditional Uses:

      1.   Conditional uses of buildings, structures or parcels of land, as hereinafter listed, shall be allowed in the zoning districts indicated under the conditions specified in accordance with the provisions of section 10-12-4 and chapter 11 of this title.

      2.   Where a use is classified as a conditional use under the provisions of this title and exists as a permitted use or special use under the provisions of zoning ordinance 122, it shall be classified as a conditional use in the zoning district indicated under the conditions specified in accordance with the provisions of section 10-12-4 and chapter 11 of this title. The authorization of the conditional use shall be only for the use existing at the effective date hereof and for no other use. (Ord. 93-695, 6-15-1993)

   A.   Minimum Area: Every lot created subsequent to the effective date hereof shall meet the minimum area requirements of the zoning district within which it is located. In any district, a building, structure or use of land may be established on a lot which is of record on the effective date hereof regardless of the area or width of the lot; provided, all other requirements of this title are complied with.

   B.   Minimum Lot Width: Every lot created subsequent to the effective date hereof shall meet the minimum lot width requirements of the zoning district within which it is located. In any district, a building, structure or use of land may be established on any lot which is of record on the effective date hereof, regardless of the area or width of the lot; provided all other requirements of this title are complied with. (Ord. 93-695, 6-15-1993)

   A.   Location Of Required Yards: Yard requirements shall be as set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right-of-way of any public roadway, public alley or public accessway which exists by dedication, recorded easement or prescription and which is located on the lot shall not be included as part of the required yard.

   B.   Required Yards For Existing Buildings: No yards, now or hereafter provided, for a building, structure or use existing on the effective date hereof shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction.

   C.   Permitted Obstructions In Required Yards: All required yards shall be unobstructed from the ground level to the sky except the following:

      1.   In all required yards, the ordinary projection of sills, belt courses, cornices, bay windows, buttresses, chimneys, ornamental features and eaves may extend three feet (3') into the required yard. Steps or sidewalks which provide access to a building or structure or access to a lot from a street or alley may be located in any required yard. (Ord. 93-695, 6-15-1993)

      2.   Unroofed patios, decks and porches may extend five feet (5') into the required front yard, corner side yard or interior side yard and fifteen feet (15') into the required rear yard, provided however that such improvements are not permitted within an easement or within five feet (5') of a property line. Patios, decks and porches which do have a permanent roof must comply with all yard and setback requirements of the zoning district in which located. Air conditioning equipment or other heating and ventilation equipment may extend five feet (5') into the required rear or side yards. (Ord. 17-1864, 11-14-2017)

      3.   Accessory buildings, structures or uses of land shall comply with the provisions of section 10-3-11 of this chapter.

      4.   Fences shall comply with the provisions of section 10-3-13 of this chapter.

      5.   Off street parking and loading facilities shall comply with the provisions of chapter 8 of this title. (Ord. 93-695, 6-15-1993)

   D.   Corner Lot Yard Requirements: On corner lots, the owner of the parcel of land may determine which street side of the lot shall be considered the front yard and which street side of the lot shall be considered the corner side yard. One rear yard and one side yard must be maintained on a corner lot. (Ord. 17-1864, 11-14-2017)

   E.   Encroachment Into Required Yards:

      1.   It shall not be deemed a violation of the yard requirements of this title if a residential building or structure encroaches upon a required yard under the following conditions:

         a.   The building or structure does not encroach upon more than one required yard; and

         b.   The encroachment does not exceed three inches (3").

      2.   The Zoning Officer shall review each case of such encroachment to determine compliance with this subsection. If the encroachment does not comply with this subsection, the variance procedure must be followed. (Ord. 93-695, 6-15-1993)

   A.   Height Limitations:

      1.   Height limitations shall be set forth under each zoning district for all buildings, structures and uses of land.

      2.   Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, false mansards, parapet walls and similar structures and necessary mechanical appurtenances may be erected to their customary height, regardless of the height limitations of the zoning district in which they are located.

      3.   Transmitting towers and radio towers may extend to a height of sixty feet (60') including antenna, measured from the mean elevation of the finished lot grade at the front of the building or structure, regardless of the height limitations of the zoning district in which they are located. Said towers shall meet the yard requirements of the zoning district in which they are located.

   B.   Bulk Regulations:

      1.   Bulk regulations shall be set forth under each zoning district for all buildings, structures and uses of land.

      2.   The maintenance of yards and other open space and minimum lot area legally required for a building, structure or use of land shall be a continuing obligation of the owner of such building, structure or use of land as long as the building, structure or use of land is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building, structure or use of land shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building, structure or use of land. (Ord. 93-695, 6-15-1993)

All public and private utility facilities shall conform to the performance standards of chapter 7, article D of this title. They shall be screened with fences or landscaping of at least seventy five percent (75%) opacity. Lighting of the facilities shall be directed away from surrounding properties. (Ord. 93-695, 6-15-1993)

Farming shall be permitted as a principal use where specifically listed as a permitted use in the zoning district and in any zoning district where the principal use of the property on September 8, 2020 is farming. Farming is not permitted on any portion of the property which has been subdivided and/or the installation of public or private improvements has commenced. Dwelling units which are accessory to the farming uses shall also be permitted; provided, that the occupants of the dwelling units are engaged in agricultural activities on the premises as their principal means of livelihood. Farming shall not be permitted as an accessory use on any property within the Village, unless expressly allowed in the zoning district. Gardening is permitted in any zoning district as an accessory use. (Ord. 93-695, 6-15-1993; amd. Ord. 20-1988, 9-22-2020)

   A.   Application Of Provisions: These regulations shall apply to all boats, boats on trailers, snowmobiles, snowmobiles on trailers, personal watercrafts and personal watercrafts on trailers, ATVs (all-terrain vehicles) and ATVs on trailers and recreational vehicles, as defined in the Illinois Motor Vehicle Code, in any zoning district or similar type vehicles.

   B.   Storage Regulations In Residential Districts: Storage of boats, boats on trailers, snowmobiles, snowmobiles on trailers, personal watercrafts and personal watercrafts on trailers, ATVs (all-terrain vehicles) and ATVs on trailers and recreational vehicles in residential districts shall be regulated as follows:

      1.   Location: Only one boat, boat on a trailer, snowmobile(s) on a trailer, personal watercrafts on trailers, ATVs on trailers or recreational vehicle shall be stored on any lot or parcel of land by the occupant of subject parcel of land; provided by the occupant of subject parcel of land; provided they are stored in an interior side yard, rear yard or fully enclosed building or structure. They shall not be stored in the front yard and corner side yard setbacks, except as provided in subsection D of this section.

      2.   Distance: Boats, boats on trailers, snowmobiles, snowmobiles on trailers, personal watercrafts and personal watercrafts on trailers, ATVs (all-terrain vehicles) and ATVs on trailers and recreational vehicles shall be located no closer than five feet (5') to any rear or interior side lot line.

      3.   Screening Requirements:

         a.   Boats, boats on trailers, snowmobiles, snowmobiles on trailers and recreational vehicles shall be screened with fences, walls or nondeciduous landscaping of at least seventy five percent (75%) opacity, in a manner to prevent being viewed from the street.

         b.   Boats, boats on trailers, snowmobiles, snowmobiles on trailers and recreational vehicles stored on an interior side yard shall be screened of at least seventy five percent (75%) opacity, in a manner to prevent being viewed from the street.

      4.   Wheels; Affixed To Ground Prohibited: In a residential zoning district, the wheels or any similar transporting devices of a boat, boat trailer, snowmobile, snowmobile trailer, personal watercraft trailer or ATV trailer or recreational vehicle shall not be removed except for repairs, nor shall a boat, boat trailer, snowmobile, snowmobile trailer, personal watercrafts and personal watercrafts on trailers, ATVs (all-terrain vehicles) and ATVs on trailers or recreational vehicle be permanently affixed to the ground in a manner that would prevent removal of said boat, boat trailer, snowmobile trailer or recreational vehicle.

   C.   Storage Regulations In Nonresidential Districts: Storage of boats on trailers, snowmobiles on trailers and recreational vehicles in nonresidential districts shall be regulated as follows:

      1.   No boats on trailers, snowmobiles on trailers, personal watercrafts and personal watercrafts on trailers, ATVs (all- terrain vehicles) and ATVs on trailers or recreational vehicles shall be parked or stored outdoors except where for sale on a property that is approved for motor vehicle sales regulated under this section or has an approved conditional use as a recreational vehicle storage yard in the I-2 district or except where storage is temporary and in conformance with the regulations of subsection E of this section.

      2.   Any such vehicle parked or stored outdoors shall be parked or stored on a hard surfaced parking area meeting the minimum setback requirements for parking lots. (Ord. 04-1224, 6-22-2004)

   D.   Parking Of Recreational Vehicles: Recreational vehicles may be parked on the driveway within the required front yard or corner side yard setback; provided:

      1.   The recreational vehicle shall be used daily and shall be its owner's principal means of transportation.

      2.   The length of the recreational vehicle shall not exceed twenty five feet (25') of the required front yard or corner side yard setback.

   E.   Temporary Storage And Parking: A boat on a trailer, snowmobile on a trailer or recreational vehicle may be placed, kept or maintained upon any lot or parcel of land for a period not to exceed the following:

      1.   Seventy two (72) hours for loading and unloading purposes.

      2.   An aggregate of fourteen (14) days (which may or may not be consecutive) within a period of thirty (30) days for storage if such boat on a trailer, snowmobile on a trailer or recreational vehicle is owned by a guest of the occupants of the residence. (Ord. 93-695, 6-15-1993; amd. Ord. 04-1224, 6-22-2004)

Mobile homes shall not be parked in any district other than the RMH district. (Ord. 93-695, 6-15-1993)

   A.   Purposes: It is the intent of this section to allow as home occupations only those uses that conform to the standards of this section. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence except for a sign as provided in chapter 10 of this title. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation.

   B.   Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted.

   C.   Permitted Uses: Home occupations shall include, but shall not be limited to, the following uses:

      Babysitting services.

      Beauty shops limited to two (2) operators of which one shall be a resident of the dwelling unit in which this home occupation is permitted.

      Instruction in music, dance, home crafts and art; provided, that the total class size does not exceed four (4) students at any time.

      Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents and urban planners.

      Offices of ministers, priests and rabbis.

      Offices of salesmen, sales representatives or manufacturer's representatives; provided, that no retail transactions shall be made on the premises except through telephone, telegraph or mail communication, and no wholesale transactions shall include the acceptance or delivery of merchandise on the premises.

      Repair services, but not including automotive repair or retail sales.

      Studios of artists, authors, composers, photographers and sculptors.

      Workrooms for home crafts such as model making, rug weaving and lapidary work.

      Workrooms of dressmakers, seamstresses and tailors.

   D.   Prohibited Uses: Permitted home occupation shall not be deemed to include the following uses:

      Animal hospitals.

      Clinics, medical and dental.

      Eating and drinking establishments.

      General retail.

      Hospitals and sanatoriums.

      Kennels.

      Rental of mobile homes, trailers and camper trailers.

      Stables.

      Tattooing, including as an accessory use.

      Undertaking establishments and funeral parlors.

   E.   Standards: The following standards shall govern the operation of a home occupation:

      1.   The building or structure in which the home occupation is located shall be subject to the regulations of the zoning district in which located.

      2.   The home occupation shall be conducted completely within the dwelling unit or within an accessory building or structure.

      3.   No more than one person other than permanent residents of the dwelling unit shall be employed in the home occupation.

      4.   The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes, and not more than twenty five percent (25%) of the gross floor area of the dwelling unit and accessory buildings or structures on the premises on which the home is located shall be devoted to the home occupation.

      5.   The outside display of goods and the outside storage of equipment, materials or motor vehicles utilized in the home occupation shall be prohibited.

      6.   Off street parking for the home occupation shall be provided in accordance with the provisions of chapter 8 of this title.

      7.   The home occupation shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the zoning district in which located. (Ord. 93-695, 6-15-1993)

   F.   Daycare Homes: Daycare homes are not subject to the provisions of the zoning ordinance with regard to home occupations. (Ord. 00-1008, 9-26-2000; amd. Ord. 20-1988, 9-22-2020))

Temporary model homes shall be used primarily to offer for sale or rental dwelling units located within the same subdivision or planned unit development in which the model home is located. The following regulations shall govern the operation of a model home:

   A.   Upon request by the village, the owners of the property shall provide information pertaining to the use of the model home, including, but not limited to, a record of sales or rentals made from the model home.

   B.   Building materials may be stored within the model home but not upon the lot on which a model home is situated.

   C.   Sales offices, rental offices and construction offices may be contained in a model home; provided, that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned unit development.

   D.   A temporary off street parking lot is permitted.

   E.   Exterior floodlights may be used to illuminate the model home; provided, that lights are sufficiently screened so that private dwelling units and traffic are not adversely affected by the floodlights. (Ord. 93-695, 6-15-1993)

   A.   Location: Accessory buildings, structures or uses (including but not limited to sheds, gazebos, greenhouses and architectural structures) may be attached to, established within or detached from the principal building, structure or use of land. Detached accessory buildings, structures or uses may be located in the required rear yard of any zoning district; provided that detached accessory buildings or structures shall not be located within five feet (5') of any rear or interior side lot line nor nearer than ten feet (10') of the nearest wall of the principal building or structure. Except that recreational fire pits shall not exceed three feet (3') in diameter or two feet (2') in height and must be located a minimum fifteen feet (15') from a structure and/or combustibles. (Ord. 14-1748, 10-28-2014)

   B.   Yard Requirements: All accessory buildings, structures or uses shall comply with the front and corner side yard requirements of the zoning district in which it is located. Accessory buildings, structures or uses attached to or established within the principal building or structure shall comply with the rear yard and interior side yard requirements of the zoning district in which located. Detached accessory buildings, structures or uses may be located in the required rear yard in accordance with the provisions of subsection A of this section.

   C.   Height Limitations: All accessory buildings, structures or uses shall comply with the height limitations of the zoning district in which located; provided, that the height of the principal buildings or structure to which it is accessory is not exceeded except as provided in subsection 10-3-4A of this chapter. Except that architectural structures may not exceed ten feet (10') in height and must maintain a vertical clearance of six and one half feet (6.5'), where applicable.

   D.   Bulk Regulations: All accessory buildings or structures shall comply with the bulk regulations of the zoning district in which located. The area of the accessory building or structure shall be included in the computation of the floor area ratio.

   E.   Time Of Construction: No accessory building, structure or use shall be constructed or established prior to the time of construction or establishment of the principal building, structure or use to which it is accessory. (Ord. 93-695, 6-15-1993; amd. Ord. 22-2031, 1-11-2022)

   A.   General: No temporary building, structure or use as listed herein shall hereafter be built, established, moved or remodeled, altered or enlarged unless such temporary building, structure or use is permitted by this title. The following are permitted in each zoning district (unless specifically restricted to a particular area in each district), subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which it is located.

   B.   Portable Storage Containers:

      1.   General Regulations: The following applies to Portable Storage Containers in all zoning districts.

         a.   Containers shall not be placed in streets, public rights-of-way, or on unimproved surfaces, unless approved as part of a contract for public improvement projects. Containers used in conjunction with public improvements shall be governed by the contract terms or as determined by the Zoning Officer.

         b.   Containers shall not obstruct visibility. They shall not be located within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines.

         c.   Containers shall only be used to temporarily store property of a nontoxic and nonflammable nature. They shall not be utilized for habitation, conducting business or selling merchandise.

         d.   Containers must be placed on an improved hard, dust-free surface, generally asphalt, brick pavers, or concrete. Containers are prohibited in any location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

      2.   Residential Property: The following applies to Portable Storage Containers in Residence Zoning Districts.

         a.   No more than three (3) containers may be placed on any property at any given time for not longer than fifteen (15) days.

         b.   Containers must be setback at least five feet (5') from all property lines. Where impractical, the Zoning Officer may approve a location that minimizes impact to adjacent properties.

         c.   Containers shall not exceed eight feet (8') in height, eight feet (8') in width and sixteen feet (16') in length.

         d.   Extensions of time may be granted in writing by the Zoning Officer in instances where the portable storage container is used in connection with a construction project occurring on a lot but in no event shall the total elapsed time exceed forty-five (45) days within a calendar year.

      3.   Commercial and Industrial Property: The following applies to Portable Storage Containers in Business and Industrial Zoning Districts.

         a.   No more than three (3) Portable Storage Containers may be placed on any property at any given time for not longer than thirty (30) days.

         b.   Containers must comply with all setback requirements that apply to principal buildings and be separated by at least ten feet (10') from principal buildings.

         c.   Portable Storage Containers shall not exceed eight and a half feet (8.5') in height, eight feet (8') in width and forty feet (40') in length.

         d.   Extensions of time may be granted in writing by the Zoning Officer in instances where the portable storage container is used in connection with a construction project occurring on a lot but in no event shall the total elapsed time exceed ninety (90) days within a calendar year.

         e.   Portable Storage Containers shall not be placed in the front or corner side yard, a required parking space, drive aisle or fire lane. If the property cannot meet the standards described herein, the Zoning Officer may approve the placement of a container where practical.

         f.   Vertical stacking of containers and stacking of any other materials or merchandise on top of any Portable Storage Container is prohibited.

      4.   Public Property: Due to the unique nature of properties owned and/or occupied by public entities, the use of portable storage containers shall be approved by the Zoning Officer on a case by case basis.

   C.   Exceptions: Where compliance is impractical, the Village Board may authorize the temporary use of a building, structure or parcel of land in any zoning district for a building, structure or use of land that does not conform to the regulations prescribed in this title for the zoning district in which it is located; provided, that such use be of a temporary nature. Such use shall be granted for a period of time and subject to such conditions as the Village Board determines to be necessary for the safeguarding of the public health, safety and general welfare. (Ord. 19-1958, 12-10-2019)

   A.   Fence Permit Required: No fence shall be erected or substantially altered in the Village without a building permit issued therefor by the Village Building Department upon payment of the required permit fee 1 .

   B.   Private Fences On Public Property: No private fences shall be allowed or constructed on public streets or rights-of-way or other public property. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground or aerial utilities and are permitted by the terms of the easement. Further, the Village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged or destroyed by virtue of the lawful use of said easement. Fences in violation of this section may be summarily removed. It shall be the property owner's responsibility to repair any damage to the public utilities resulting from the installation or maintenance of a fence located within a public utility easement.

   C.   Location Of Fence In All Districts: When any fence is installed in the front, side, corner side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property. For lots adjacent to two (2) intersecting streets when fences are located on the rear and/or side property lines, the fence shall meet the requirements set forth in Section 10-3-14 of this Title.

   D.   Prohibited Materials Of Construction:

      1.   No barbed wire or barbed wire fences shall be allowed on private property in Residence or Business Districts or on lots in any District being used for single- or multiple-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in Industrial Districts where the property lines of such property abut lots or parcels zoned or being used for single- or multiple-family purposes or on fences in front yards.

      2.   Except where specifically allowed, no fence shall be constructed of material obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.

   E.   Maintenance And Repair: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition. If, on inspection by the Zoning Officer or his/her designee, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, to make the necessary repairs or improvements as directed or he shall be in violation of this Code.

   F.   Fences In Residential Districts: Fences permitted within Residence Districts shall comply with the following requirements:

      1.   Fences In Front Yards: No fences are allowed within front yards. Small decorative fence elements that are installed for landscaping and aesthetic purposes only, having a height of no greater than three feet (3') and fifty percent (50%) open are exempted from this provision provided that the fence element does not enclose any area.

      2.   Fences In Rear Yards: Fences within rear yards shall not exceed six feet (6') in height above ground level except for fences on corner lots which must meet the requirements of Section 10-3-13F-3 of this Title.

      3.   Fences On Corner Lots: On corner lots (as illustrated), that part of a rear yard which lies between the corner side lot line and building setback line shall not exceed five feet (5') in height above ground level and shall be decorative. Fences within the rear yard shall not exceed six feet (6') in height above ground level.

         a.   Exception For Collector And Arterial Street: Fences within that part of a rear yard which lies between the corner side lot line and building setback line on corner lots within the side yard adjacent to the rights-of-way on the following streets shall be permitted to be six feet (6') in height above ground level and may be of a solid style:

         (1)   Seil Road.

         (2)   River Road.

         (3)   Black Road.

         (4)   Route 52/Jefferson Street.

         (5)   Route 59/Brookforest Avenue and Cottage Street.

         (6)   Mound Road.

         b.   Exception For Rear Yard To Rear Yard: On corner lots where the rear property line is shared with another corner lot rear property line and both houses face the front property lines (i.e., the rear of the houses are facing each other and houses side to the same street side property line), that part of the rear yard which lies between the corner side lot line and building setback line shall not exceed six feet (6') in height above ground level and may be a decorative fence or a solid fence. A chain link fence may also be used provided that a decorative fence or privacy fence is installed facing the street.

      4.   Fences In Side Yards: Fences within side yards, including corner side yards, shall not exceed four feet (4') in height above ground level and shall be decorative unless one of the following exceptions applies.

         a.   A decorative fence or a privacy fence up to six feet (6') in height above ground level may be constructed within the interior side yard (but not the corner side yard) when the fence does not extend past the front building line of the adjacent property.

         b.   A chain link fence up to six feet (6') in height above ground level may be installed along the interior side lot line (but not the corner side lot line) provided that the fence does not extend past the front building line of the adjacent property and provided that a decorative fence or privacy fence is installed facing the street.

         c.   A solid fence of up to four feet (4') in height above ground level may be constructed within the interior side yard provided it complies with all of the following standards:

            (1)   The fence is for the purpose of screening and enclosing Village required refuse, recycling and yard waste containers.

            (2)   The fence enclosure is no larger in dimension than four feet (4') in width and ten feet (10') in length and has no roof.

            (3)   The fence enclosure is set back a minimum of ten feet (10') from the front line of the dwelling it serves.

      5.   On lot lines abutting the public right-of-way or residential property, the fence must face outward with support posts on the inside.

   G.   Business And Industrial Districts:

      1.   In business and industrial district, fences may not exceed eight feet (8') in height above ground level, and the use of barbed wire, razor wire, or any other fencing wire constructed with sharp edges or points arranged at intervals along a strand(s) are prohibited; except that one foot (1') additional of any fence along side or rear lot lines in industrial districts may be constructed of barbed wire, or similar wire fencing. Barbed wire, or similar fencing, shall not be used, installed or constructed on fences fronting on any street.

      2.   In business and industrial districts, a screening fence may be permitted at a maximum height of up to ten feet (10'), provided it is reviewed and approved through the formal site plan process.

      3.   In business or industrial districts, no fence or wall shall be erected, constructed or maintained within the first thirty feet (30') from the front or corner lot line without the approval of a site plan.

      4.   Fences shall be permitted in the required interior side yard or rear yard.

      5.   Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12') and shall comply with all building code requirements for pool and spa safety.

   H.   Adjoining Districts: Fences installed as a screening between business and residence districts or between industrial and residence districts shall comply with the following:

      1.   Shall be of the same design, construction material, height and color. Shall be constructed of masonry, wood, or vinyl (not including slatted chain link). Height requirement is eight feet (8') with a solid effect, or up to ten feet (10') with approved site plan.

      2.   Where no fence exists at time of construction, the first developer to install a fence between the adjoining districts will establish the type of fence to be used for other fences along the adjoining district line.

      3.   All fences shall join together to provide continuity along the common lot line of commercial and residential or industrial and residential districts where a fence for screening is required.

      4.   All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.

   I.   Hedges: Hedges, plantings, shrubbery, etc., shall in no way obstruct the view of traffic at any intersection. If it is deemed to create a hazard, the owner must remove same upon notice from the Zoning Officer or Chief of Police within seven (7) days of such notification.

   J.   Architectural Structures. Architectural structures (such as arbors, trellises, and pergolas) may be integrated into fences and gates.

      1.   When integrated into the fence design, the architectural structure must comply with the fence height and openness standards, unless associated with a gate or entry.

      2.   The height limitations in Sec. 10-3-11C apply to architectural structures that are associated with a gate or entry. An architectural element associated with a gate or entry may extend beyond the width of the gate but shall not exceed eight feet (8') in total width.

   K.   Nuisance Declared; Abatement: Any fence which shall be erected or maintained contrary to the provisions of this Code is deemed a nuisance, and it shall be the duty of the Zoning Officer to abate the same.

   L.   Exemptions: Public utility locations and sites operated by governmental agencies are exempt from the regulations of Section 10-3-13 of this Title. (Ord. 17-1842, 4-11-2017; amd. Ord. 20-1988, 9-22-2020; Ord. 22-2031, 1-11-2022)

The location of buildings, structures and landscaping shall be regulated as follows so as not to obstruct the vision of drivers or motor vehicles. No buildings or structures shall be erected or maintained, nor any landscaping planted, grown or maintained between thirty inches (30") and eighty-four inches (84") above grade within the more restrictive of the following vision triangle measurements:

   A.   As measured by a diagonal line connecting two (2) points measured along the back of curb of the abutting streets thirty feet (30') equidistant from the intersection of those streets. If a street does not have a curb, the measurements shall be taken from the edge of pavement. If the intersection has rounded corners, the lines will be extended in a straight direction to a point of intersection.

   B.   As measured by a diagonal line connecting two (2) points measured along the property lines ten feet (10') equidistant from the corner of the lot.

(Ord. 93-695, 6-15-1993; amd. Ord. 20-1988, 9-22-2020)

Along all major arterials, as established by the officially adopted Comprehensive Plan 1 , there shall be a setback of seventy feet (70') from the center line of the right of way of the major arterial or twenty feet (20') from the edge of the right of way, whichever is greater. No building, structure, off-street parking facility or off-street loading facility shall be located in this setback. Where the condition imposed by this provision is either more restrictive or less restrictive than the yard requirements of individual zoning districts, the more restrictive requirement shall govern. (Ord. 93-695, 6-15-93)

The rental of boarding rooms in single-family detached dwellings, two-family dwellings, duplexes, single-family attached dwellings and multiple-family dwellings shall not be allowed. (Ord. 93-695, 6-15-93)

Swim and/or tennis clubs shall be screened with fences or landscaping of at least seventy five percent (75%) opacity. Lighting of the facilities and sound systems shall be directed away from surrounding properties. (Ord. 93-695, 6-15-93)

The development of air rights above any parcel of land located in any zoning district and utilized for public or private purposes shall be permitted subject to all the requirements of the zoning district in which such development is located. Development of air rights shall be considered as a conditional use and subject to the provisions of Sections 10-12-4 and 10-12-5 of this Title or, if planned unit development, to the provisions of Chapter 11 of this Title. (Ord. 93-695, 6-15-93)

   A.   Continuance of Existing Buildings and Structures: Any building or structure which lawfully existed at the effective date hereof and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations or bulk regulations of the zoning district in which said building or structure is located upon the effective date hereof may be continued during the remainder of the normal life of the building or structure or until the building or structure has deteriorated to the extent that it is no longer safe. The continuance of such building or structure shall be subject to the regulations herein set forth.

   B.   Repairs and Alterations:

      1.   Repairs and alterations which increase the bulk of the building or structure may be made to a building or structure which:

         a.   Does not comply with the conditions of the zoning district in which said building or structure is located; provided, said repairs or alterations comply with all regulations, including conditions, of the zoning district in which said building or structure is located.

         b.   Does not comply with the area requirements of the zoning district in which the said building or structure is located; provided, said repairs or alterations comply with the conditions, yard requirements, height limitations and bulk regulations of the zoning district in which said building or structure is located.

         c.   Does not comply with the lot width requirements of the zoning district in which said building or structure is located; provided said repairs or alterations comply with the conditions, yard requirements, height limitations and bulk regulations of the zoning district in which said building or structure is located.

      2.   Repairs and alterations which increase the bulk of the building or structure and which increase the lot coverage may be made to a building or structure which does not comply with the yard requirements of the zoning district in which said building or structure is located; provided, said repairs or alterations comply with the conditions, yard requirements, height limitations and bulk regulations of the zoning district in which said building or structure is located.

      3.   Repairs and alterations which increase the bulk of the building or structure and which do not increase the lot coverage may be made to a building or structure which does not comply with the yard requirements of the zoning district in which said building or structure is located; provided, said repairs or alterations comply with the conditions, height limitations and bulk regulations of the zoning district in which said building or structure is located.

      4.   If a building or structure exceeds the height limitations of the zoning district in which said building or structure is located:

         a.   Repairs and alterations which increase the bulk of the building or structure and which increase the lot coverage may be made; provided, said repairs or alterations comply with the conditions of the zoning district in which said building or structure is located.

         b.   Repairs and alterations which increase the bulk of the building or structure and which do not increase the lot coverage may be made; provided, 1) said repairs or alterations comply with the conditions and bulk regulations of the zoning district in which said building or structure is located; and 2) the height limitations are not further exceeded.

      5.   If a building or structure exceeds the bulk regulations of the zoning district in which said building or structure is located, repairs and alterations which increase the bulk of the building or structure and/or which increase the lot coverage may not be made.

      6.   Nothing in this Title shall prevent the reconstruction, repairing or rebuilding of a building, structure or part thereof which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations or bulk regulations of the zoning district in which said building or structure is located and which exists at the effective date hereof, rendered necessary by wear and tear or deterioration or which is required by the provisions of the building regulations of the Village, relative to the maintenance of said buildings or structures 1 ; provided, the cost of such work, within a two (2) year time period, shall not exceed fifty percent (50%) of the replacement cost of such building or structure at the time such work is done.

   C.   Restoration: If a building or structure which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations or bulk regulations of the zoning district in which said building or structure is located is damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the building or structure at the time of destruction or damage, then any new construction or reconstruction must comply with all regulations of the zoning district in which the building or structure is located.

   D.   Relocation of Buildings or Structures: No building or structure which does comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations or bulk regulations of the zoning district in which said building or structure is located shall be moved, in whole or in part, to any other location on the same or any other lot, unless every portion of such building or structure complies with the regulations of the zoning district in which it is to be located. (Ord. 93-695, 6-15-93)

   A.   Off-street parking facilities accessory to residential uses shall be used principally for the parking of passenger automobiles and trucks three-quarter (3/4) ton or less. Construction vehicles and buses may be stored or parked in a fully enclosed building or structure upon any lot or parcel of land in a residential district in accordance with the provisions of this Section.

      1.   Storage and overnight parking of trucks over three-quarter (3/4) ton shall be in a fully enclosed building or structure.

      2.   Storage and overnight parking of buses shall be in a fully enclosed building or structure. However, school buses may be parked upon school property not to exceed twenty four (24) hours. They shall be parked only in rear yards.

      3.   No truck or construction vehicle shall be permanently affixed to the ground.

      4.   No more than two (2) trucks or construction vehicles may be stored or parked overnight in a fully enclosed building or structure upon any lot or parcel of land, except as hereinafter provided.

      5.   Only one truck or construction vehicle may be stored or parked overnight for each unit in a duplex, two-family, multi-family or townhouse structure; provided, it is in a fully enclosed building or structure.

   B.   During the development of any residential subdivision or any individual lot, the following equipment and/or construction vehicles may be parked overnight upon the individual lot or parcel of land under development:

      1.   Trucks used for transporting and placing of forms for the foundation walls.

      2.   Equipment used for the excavation of basements, backfilling foundation walls, sewer and water services and the final yard grading.

      3.   All equipment and construction vehicles parked overnight in a residential zoned district for the construction, repair, remodeling or alteration of a new or existing home shall be parked only upon the lot or parcel of land as the principal building.

      4.   Dumpsters and other comparable vehicles used for deposition of rubbish from any construction site shall be used solely by the owner of the property or his contractors.

Any unauthorized persons using a dumpster or comparable vehicle to dispose of his rubbish shall be subject to a fine as allowed by this Title or any other Village ordinance.

      5.   It shall be unlawful to park any equipment or construction vehicles on any lot or parcel of land, unless a permit has been issued by the Zoning Officer. Permits shall be issued by the Zoning Officer under the advisement of the Village Administrator.

The Zoning Officer shall keep records and report his findings to the Village Board. (Ord. 93-695, 6-15-93)

Storm shelters intended to provide protection to human life during periods of danger from storms, nuclear fallout, air raids or other emergencies may be constructed, erected and maintained in any district as principal or accessory uses, subject to all yard and area requirements applicable in the district where located and to the following:

   A.   Location and Yard Encroachments: Such shelters may be contained in other structures or may be constructed separately. If entirely underground, storm shelters may be constructed within any yard, including front yards, which otherwise are required by this Title to be kept and maintained free from buildings and structures; provided, that no part of said underground shelter shall project above the average grade of such yard, including ventilating devices, and provided, that no entrance or exit shall open into such yard.

   B.   Joint Shelters: The Zoning Board may recommend to the Village Board the authorizing of joint shelters by one or more property owners, as a conditional use, in accordance with the provisions of Sections 10-12-4 and 10-12-5 of this Title. In recommending such joint shelters, the Board may recommend the modification of or waiving of side and rear yard requirements on the lot or lots directly involved in the construction of the joint shelter; provided, that all applicable yard requirements shall be met where the lot or lots involved in the joint shelter abuts property not included in the project. (Ord. 93-695, 6-15-1993)

   A.   Permit Requirements:

      1.   Permit Required: No person shall construct or install any antenna tower or dish antenna without obtaining a permit for the construction or installation of said antenna tower or dish antenna from the Zoning Officer.

      2.   Application For Permit: Applications for such permits shall be submitted to the Building Department on a form provided by the Department for such purpose. Said application shall include:

         a.   The name, address and phone number of the person constructing or installing the antenna tower or dish antenna;

         b.   The name, address and phone number of the owner of record of the property, if different;

         c.   A description of the type of antenna tower or dish antenna to be constructed, including its dimensions, and a set of specifications detailing its construction and method of mounting or anchoring; and

         d.   A site plan of the lot on which the antenna tower or dish antenna is to be constructed or installed, including the proposed location of the antenna tower or dish antenna, the location of all other structures or buildings on the lot on which the antenna tower or dish antenna will be constructed or installed or within one hundred fifty feet (150') of the antenna tower or dish antenna and showing all distances between the antenna tower or dish antenna and the structures or buildings on the site plan and between the antenna tower or dish antenna and the lot lines of the lot on which the antenna tower or dish antenna is intended to be built. (Ord. 93-695, 6-15-1993)

      3.   Fee: All applications shall also be accompanied by a fee of fifty dollars ($50.00) for a residential structure of four (4) dwelling units or less and a fee of one hundred dollars ($100.00) for all other residential or nonresidential structures. (Ord. 97-884, 9-9-1997)

   B.   General Requirements: The following requirements shall apply to all antenna towers and dish antennas constructed or installed:

      1.   Number: No more than one antenna tower or dish antenna shall be constructed on each platted lot whether ground mounted or roof mounted.

      2.   Colors: All antenna towers and dish antennas and the bases on which they are mounted shall be black, gray, white, silver, tan, beige or other light brown shades in color or of another color which matches the predominant color of the roof surface if roof mounted or green in color if ground mounted. All antenna towers and dish antennas shall be of a single color, and all bases shall be of a single color.

      3.   Wind Pressure: All antenna towers and dish antennas and any bases on which they are mounted shall be constructed to withstand a minimum wind velocity of eighty (80) miles per hour (impact pressure of 32 pounds per square foot).

      4.   Location:

         a.   No antenna tower or dish antenna shall extend above, across, under or over any public sidewalks, public streets or other public rights of way and shall have no wires or metal rods extending therefrom above, across, under or over any public sidewalks, public streets or other public rights of way.

         b.   All wires, rods and other connectors between antenna towers or dish antennas and the structure receiving services from the antenna towers or dish antennas must be located under ground if ground mounted or securely attached to or located within the structure receiving service if the antenna towers or dish antennas are roof mounted.

         c.   No dish antenna or antenna tower shall be located less than fifteen feet (15') from any yard lot line.

         d.   No dish antenna or antenna tower shall be located less than thirty five feet (35') from any existing principal structure on a lot other than the lot on which the dish antenna or antenna tower is to be constructed or installed.

      5.   Base: All ground-mounted antenna towers and dish antennas must be installed or mounted in a concrete or cement base.

      6.   Height: No dish antenna may be installed or mounted on an antenna tower in such a way that the total height, measured from the lowest point of the finished grade at the bottom of the base of the antenna tower to the top of the dish antenna if ground mounted, or measured from the bottom of the base of the antenna tower to the top of the dish antenna if roof mounted, exceeds the height limitations for dish antennas as specified in this Chapter.

      7.   Compliance With Federal Provisions: All radio and antenna towers shall comply with all applicable FCA and FAA requirements.

   C.   Dish Antennas: All dish antennas shall be constructed or installed in accordance with the following requirements:

      1.   Location: All dish antennas shall be constructed or installed in rear yards or on those portions of roofs of buildings facing the rear yards.

      2.   Ground-Mounted Dish Antennas:

         a.   No ground-mounted dish antenna shall be more than nine feet (9') in diameter.

         b.   No ground-mounted dish antenna shall be more than twelve feet (12') in height, to be measured from the lowest point of the finished grade at the bottom of the base or tower on which it is constructed or installed to the highest point on the dish antenna.

      3.   Roof-Mounted Dish Antennas:

         a.   No roof-mounted dish antenna shall be more than four feet (4') in diameter.

         b.   No roof-mounted dish antenna shall be more than six feet (6') in height, to be measured from the bottom of the base or tower on which it is constructed to the highest point on the dish antenna.

         c.   No roof-mounted dish antenna shall be mounted or installed less than five feet (5') from any edge of the roof or roofline.

   D.   Antenna Towers: All antenna towers shall be constructed or installed in accordance with the following requirements:

      1.   All antenna towers shall be constructed or installed in rear yards or on those portions of roofs of buildings facing the rear yards.

      2.   The height of the radio and antenna towers should remain limited to sixty feet (60') for all zoning districts; except, that in nonresidential districts, towers in excess of sixty feet (60') require approval of a conditional use. For freestanding towers, the height is the total distance, measured from the lowest point of the finished grade at the base of the tower to the highest point of the tower, including the antenna. For roof- mounted antenna towers, the height is the sum total in height of the building and tower antenna measured from the lowest point of the finished grade at the front of the building to the highest point of the tower, including the antenna. (Ord. 93-695, 6-15-1993)

   A.   Permit Requirements:

      1.   Permit Required: No person shall construct or install any cellular phone tower without obtaining a permit for the construction or installation of said cellular tower from the Zoning Officer.

      2.   Application For Permit: Application for such permit shall be submitted to the Building Department on a form provided by the Department for such purpose. Said application shall include:

         a.   The name, address and phone number of the person constructing the cellular phone tower;

         b.   The name, address and phone number of the owner of record of the property, if different;

         c.   A description of the type of cellular phone tower to be constructed including its dimensions, engineering calculations and a set of specifications detailing its construction and method of mounting or anchoring; and

         d.   A site plan of the lot on which the cellular phone tower is to be constructed or installed, including the proposed location of the cellular phone tower, the location of all other structures or buildings on the lot on which the cellular phone tower will be constructed or installed or within one hundred fifty feet (150') of the cellular phone tower and showing all distances between the cellular phone tower and the structures or building on the site plan and between the cellular phone tower and the lot lines of the lot on which the cellular phone tower is intended to be built.

      3.   Fee: All applications shall also be accompanied by a fee based on the following evaluation:

 

 

   B.   General Requirements: The following requirements shall apply to all cellular phone towers constructed or installed:

      1.   Number: No more than one cellular phone tower shall be constructed on each platted lot.

      2.   Colors: All cellular phone towers and bases on which they are mounted shall be black, gray, white, silver, tan, beige or other light brown shades. All cellular phone towers shall be of a single color, and all bases shall be of a single color.

      3.   Wind Pressure: All cellular phone towers and any bases on which they are mounted shall be constructed to withstand a minimum wind velocity of eighty (80) miles per hour (impact pressure of 32 pounds per square foot).

      4.   Location:

         a.   No cellular phone tower is permitted within five hundred feet (500') of a residential district. No cellular phone tower shall extend above, across, under or over any public sidewalk, public street or other public rights of way and shall have no wires or metal rods extending therefrom above, across, under or over any public sidewalks, public streets or other public rights of way.

         b.   No cellular tower shall be located less than fifteen feet (15') from any yard lot line.

         c.   No cellular phone tower shall be located less than thirty five feet (35') from any existing principal structure on a lot other than the lot on which the cellular phone tower is to be constructed or installed.

         d.   All cellular phone towers shall be constructed or installed in rear yards.

      5.   Base: All ground-mounted cellular phone towers must be installed or mounted in a concrete or cement base.

      6.   Height: The height of a cellular phone tower shall be limited to sixty feet (60') in height for all zoning districts. A cellular phone tower exceeding sixty feet (60') in height shall require an approved conditional use permit.

      7.   Compliance: All cellular phone towers shall comply with all applicable FCA and FAA requirements. (Ord. 97-884, 9-9-1997)

The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the B-1, B-2, B-3, B-4 and OCI Business Districts:

   A.   Definitions: As used in this section, the following terms shall have the following meanings:

   PEDESTRIAN WALKWAY: The paved area located solely on private property adjacent to the building used by patrons to walk to the entrance of the commercial establishment but shall not include areas within parking lots designed for vehicular travel or parking.

   SEASONAL MERCHANDISE: Items which are not normally sold throughout the year and are displayed and sold only during the time of year for which they are appropriate or for which they are intended to be used.

   B.   Seasonal Merchandise: Outdoor sales and storage items at retail shall be restricted to sales of seasonal merchandise during the time of year when such items are normally used and to the sales of salt blocks throughout the year.

   C.   Storage Or Display On Walkways: When merchandise is stored or displayed on pedestrian walkways, a minimum width of five feet (5') must be maintained free and clear of any storage, display or sales.

   D.   Private Property Only: All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly owned property. (Ord. 93-695, 6-15-1993)

   E.   Area Restriction: Outdoor sales and storage of merchandise except in parking areas shall not be permitted in the area bounded by the front lot line, the lines formed by extending the line of the side walls of the structure in which the business storing and/or selling the merchandise is located to the front lot line, and the line formed by the front wall of said structure. All outdoor storage of goods, materials, equipment or other products must be placed on a paved surface. (Ord. 05-1307, 8-9-2005)

   F.   Sanitary Condition: All merchandise must be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris.

   G.   Board Approval For Noncompliance: Outside sales and storage of merchandise not in compliance with the above regulations must be approved by the Village Board. (Ord. 93-695, 6-15-1993)

   A.   Placement Of Containers: Any combination of rubbish containers with a capacity in excess of two (2) cubic yards and all dumpsters shall be placed in the least conspicuous part of the premises, which shall be presumed to be the rear of the property or business establishment. Also, such combination of rubbish containers, and all dumpsters shall be enclosed on three (3) sides with a fence eighteen inches (18") higher than the highest portion thereof.

      1.   No rubbish container shall be used in any residential district except during the construction, repair or remodeling of a building appropriate to the zoning provided.

      2.   All rubbish containers shall have covers which shall be closed at all times.

      3.   No rubbish container shall be filled to a point which would prevent the complete closure of its covers.

      4.   All business establishments shall be responsible for the security of his or her rubbish container or dumpsters, to prevent abusive use by any unauthorized person.

      5.   It is the responsibility of each business establishment to dispose of all rubbish in a clean, safe and sanitary manner.

   B.   Enforcement: The Village Administrator or his or her designee may permit an alternate location for a dumpster or rubbish container or require extra screening based upon, but not limited to, the following factors:

      1.   Proximity to residential districts, schools or public parks.

      2.   Space available on premises for rubbish containers or dumpsters.

      3.   Availability of a less offensive alternative.

      4.   Economic or commercial hardship.

      5.   Nature of waste involved.

      6.   Manner in which rubbish containers or dumpsters are maintained.

      7.   Public health, safety and general welfare.

The Village Administrator or his or her designee shall notify, in writing, any violator of this section upon the discovery of the violation. After receiving this written notice, violators shall have forty eight (48) hours (2 business days) to bring their premises into compliance with this section. No violator shall be entitled to more than one such written notice in any calendar year. If, after the above specified time period, the premises is not brought into compliance, the violator shall be penalized in accordance with section 10-12-8 of this title.

   C.   Appeal: Notwithstanding any provision of this section to the contrary, alleged violators of this section that disagree with the determination of the Village Administrator or his or her designee may appeal the determination to the Village Board, which shall make a final determination as to the alleged violation. (Ord. 93-695, 6-15-1993)

(Rep. by Ord. 17-1864, 11-14-2017)

Whenever any lot or parcel of land within the corporate limits of the Village is to be split or divided, the owner of record thereof shall file with the Zoning Officer a declaration of such intention, together with a copy of a true map of such lot or parcel of land. The Zoning Officer shall investigate and determine if the proposed division of property is in accordance with the provisions and purposes of this title and in accordance with the official plan of the Village and the Village's subdivision ordinance 1 and, within a period of ten (10) days, shall refer such request to the Planning and Zoning Commission for consideration. (Ord. 93-695, 6-15-1993)

   A.   Compliance Required: No lot, plot or parcel of land shall be improved or developed for commercial or industrial purposes or uses nor shall any building permit be issued for the construction of any improvements or buildings for commercial or industrial purposes and uses within the Village until the provisions of this section have been complied with.

   B.   Site Plan Submission: Any person proposing the improvement or development of any lot, plot or parcel of land or applying for a building permit for the construction of improvements or buildings for commercial or industrial purposes and uses shall, prior to the commencement of such improvement or development or at the time of the submission of an application for such permit, submit twelve (12) copies of a site plan, one each to the Village Clerk, Chief Building Official, Planning and Zoning Commission members and Village Engineer. Accompanying each site plan herein required shall be copies of all of the permits from other governmental bodies or agencies required for the contemplated development, improvement or building.

   C.   Information On Site Plan: The site plan shall designate the following:

      1.   Topography of the site and adjoining lands as the same will exist upon completion of the contemplated development or improvement at one foot (1') intervals, including ground cover, slopes, banks, ditches and other like features.

      2.   Location, arrangement and exterior height dimensions of all permanent buildings and aboveground structures.

      3.   Location, arrangement and dimensions of vehicle parking spaces, width of aisles, bays and angle of parking, together with the type of parking surface.

      4.   Location and dimensions of vehicular entrances, exits and driveways.

      5.   Location and dimensions of pedestrian entrances, exits, walks and walkways.

      6.   Location and dimensions of the specific storm or surface water drainage system to serve the site, together with connections to off site drainage facilities.

      7.   Location, dimensions and capacities of all utilities to serve the site including natural gas, telephone, electricity, water and sanitary sewer, together with connections to connecting off site utility lines and mains.

      8.   Location, size, height and orientation of all signs other than signs flat on building facades. (Ord. 93-695, 6-15-1993)

      9.   Photometric plan showing the location, size, height and design of all sources of illumination to be constructed or installed and their supporting structures (including existing or proposed illumination on adjacent rights-of-way), orientation and level of illumination in foot-candles (at ground level) throughout the entire property, and product catalog sheets with manufacturer's specifications for all illumination fixtures. (Ord. 02-1127, 10-8-2002; amd. Ord. 20-1982, 8-25-2020)

      10.   Location and dimensions of all stormwater retention ponds and facilities.

      11.   Location, arrangement and dimensions of vehicle loading and unloading spaces, areas and docks.

      12.   Location, dimensions and materials of walls and fences.

   D.   Compliance With Zoning And Village Regulations: The site plan or addendum thereto shall further contain information showing compliance with all of the requirements of the zoning district regulations of this title and all other applicable provisions of other Village ordinances.

   E.   Examination Of Site Plan: The Village Engineer shall examine and review the site plan to determine whether the same complies with this title and all other Village ordinances, ensures adequate utility service to the development or building and provides for proper storm or surface water retention and drainage whether the contemplated development, improvement, building or facilities will harm or damage surrounding properties or overload public and utility improvements beyond their capacity and shall submit his written recommendation of approval, denial or modification to the Trustee in charge of storm or surface water drainage, Plan Commission, Chief Building Official, Zoning Officer and Village Administrator for their review and recommendation for approval or denial.

   F.   Denial Of Site Plan: In the event a site plan does not receive all required recommendations within sixty (60) days, it shall be deemed denied.

   G.   Village Board, Final Decision: In all cases the Village Board of Trustees shall make the final decision as to the approval or denial of a site plan, and shall consider in its decision the recommendation or lack thereof from the trustee in charge of storm or surface water drainage, Chief Building Official, Zoning Officer, Plan Commission and Village Administrator. (Ord. 93-695, 6-15-1993; amd. Ord. 20-1982, 8-25-2020)

   A.   Reversion Or Revocation Standards:

      1.   A variance, special use permit or change of zoning shall be reverted or revoked if the testimony upon which such variance, special use or change of zoning was granted was falsely given.

      2.   A variance, special use permit or change of zoning may be revoked or reverted if there is a discontinuance of the variance, special use or the use permitted by the change of zoning for a period of six (6) consecutive months.

      3.   A variance or special use permit shall be revoked or a change of zoning may be reverted to the property's prior zoning classification if the property to which the variance, special use permit or change of zoning has been applied has not been put to use as allowed within one year of the granting of the variance, special use permit or zoning change. However, an extension of one additional year may be granted by the Village Board of Trustees if cause for such nonuse is deemed reasonable and an application for such an extension is made to the Zoning Board not less than sixty (60) days prior to the expiration of the one year period.

   B.   Initiation Of Reversion Or Revocation: A request for a reversion or revocation may be filed by the Village Board.

   C.   Application For Reversion Or Revocation: A request for a reversion or revocation shall be filed with the Zoning Officer and shall be in such form, contain such information and be accompanied by such exhibits as the Zoning Board may reasonably require. A copy of such request shall be delivered, via registered or certified mail, return receipt requested, to the record fee title owners of the subject land at their last ascertainable known address. A copy of such request so filed for a revocation of a variance, a special use or the reversion of a change in zoning shall be immediately forwarded by the Zoning Officer to the Secretary of the Zoning Board.

   D.   Public Hearing: The Zoning Board shall hold a public hearing on the request for reversion or revocation within ninety (90) days after receiving the request from the Zoning Officer. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) days before the hearing, in a newspaper published or of general circulation in the Village, according to law. Not less than fifteen (15) days prior to the hearing, a copy of the form of such notice shall be mailed, by registered or certified mail, return receipt requested, to the then record fee title owners addressed to their last ascertainable known address. The public hearing on any such request shall be held in the Village Hall and may be adjourned from time to time.

   E.   Recommendation Of Zoning Board: The Zoning Board within sixty (60) days after the conclusion of the hearing on any such request, shall transmit a written report to the Village Board stating its findings and recommendations with regard to such request.

   F.   Action By Village Board Of Trustees: Within thirty (30) days after the receipt of the findings and recommendation of the Zoning Board, the Village Board of Trustees shall grant or deny the requested revocation or reversion or refer the request back to the Zoning Board for further consideration.

   G.   Effect Of Denial Of Request: In the event the Village Board of Trustees shall deny a request, no such similar request may be filed until the expiration of one year from the date of such denial. (Ord. 93-695, 6-15-1993)

   A.   Vacant Lots: All vacant lots within the corporate limits of the Village shall be maintained free of all rubbish, mounds of dirt, gravel, sand and/or concrete and shall be maintained in a neat, clean, presentable and attractive condition. There shall be no open storage on a vacant lot of construction items such as equipment, materials, and vehicles. There shall be no open storage on a vacant lot of privately owned vehicles such as cars, trucks, vans, motorcycles and buses. (Ord. 95-824, 11-28-1995)

   B.   Berms: All berms located along commercial, industrial and residential boundary lines and along major highways shall be maintained free of all rubbish and weeds exceeding the height established in section 10-12-8 of this Code and shall be maintained in a neat, clean, presentable and attractive condition. (Ord. 14-1748, 10-28-2014)

   C.   Duty To Maintain; Notice; Abatement By Village; Lien: If, upon inspection by the Zoning Officer, any vacant lot or berm, in his determination does not meet the requirements of this section, he shall notify the owner of the premises by certified mail to make the necessary improvements. If the improvements are not made within five (5) days of notification, the Village may make the necessary improvements or, if deemed necessary, the Village shall hire an outside contractor with the proper equipment to do the job for them.

The owner of the premises shall be billed for and liable for all expenses involved. If the bill is not paid within thirty (30) days of the date of the bill, the Village shall file a lien on the property with the Recorder of Deeds of Will County. (Ord. 95-824, 11-28-1995)

   A.   Purposes: It is the intent of this section to require illumination of multiple-family residential and nonresidential properties to a minimum level of illumination, and to not exceed a maximum level of illumination, needed to provide adequate security, safety, and productivity, while minimizing the projection of the light and glare onto adjacent properties.

   B.   Compliance Required: No lot, plot, or parcel of land shall be improved or developed for multiple-family residential or nonresidential purposes or uses nor shall any building permit be issued for the construction of any improvements or buildings for multiple-family residential or nonresidential purposes and uses within the Village until the provisions of this section have been complied with.

   C.   Permit Required: No person shall construct or install any freestanding or building wall mounted site illumination device or fixture on any multiple-family residential, commercial, industrial or institutional property without first obtaining a permit therefor.

      1.   Application For Permit: Applications for such permits shall be submitted to the Building Department on a form provided for such purpose. Said application shall include:

         a.   The name, address and phone number of the person constructing or installing such fixture or device;

         b.   The name, address and phone number of the owner of record of the property, if different;

         c.   A description of the type of device or fixture to be constructed, including its dimensions and a set of specifications detailing its construction and method of mounting or anchoring; and

         d.   A site photometric plan showing the location, size, height and design of all sources of illumination to be installed or constructed and their supporting structures (including existing or proposed illumination on adjacent rights-of-way), orientation and level of illumination in foot-candles (at ground level) throughout the entire property, and product catalog sheets with manufacturer's specifications for all illumination fixtures.

      2.   Fee: All applications shall be accompanied by a fee as established in section 8-1A-9 of this Code.

   D.   General Requirements: The following requirements shall apply to all site illumination constructed or installed:

      1.   Location:

         a.   Building mounted site illumination shall be limited to areas immediately adjacent to building entrances.

         b.   Freestanding site illumination fixtures shall be installed no closer than five feet (5') from any property line, and shall be installed within five feet (5') of the area the fixture is intended to illuminate.

      2.   Height: Freestanding site illumination fixtures and supporting structures shall be no more than twenty five feet (25') in height, to be measured from grade level to the highest point of the structure.

      3.   Control Of Glare: All illumination fixtures shall be designed to conceal the source of illumination when viewed from all points other than directly beneath the source of illumination, and to ensure that no light is emitted above the horizontal plane of the bottom of the light fixture. This regulation shall not apply to freestanding illumination fixtures added to the site to increase light levels above the minimum amount of illumination as required in subsection D4 of this section that are intended to accentuate landscape features or pedestrian only areas.

      4.   Amount Of Illumination: Required amounts of illumination in areas designed to accommodate vehicles or pedestrians are based on recommendations of the Illuminating Engineering Society of North America (IESNA) 1993 edition of "IESNA Illumination Handbook". The following schedule establishes the minimum and average amounts of illumination required, and the uniformity ratio. All nonresidential illumination shall be reduced to the minimum amount of illumination as listed in the schedule below no later than sixty (60) minutes after the close of business:

 

      5.   Light Trespass: The amount of illumination at any property line shall not exceed 0.5 foot-candle except where required for public safety at points of ingress/egress. Additionally, interior lot lines of adjoining commercial parcels which are part of a planned commercial center (i.e., outlots) shall not be subject to this requirement.

      6.   Illumination Structure Design: Where properties are developed separately from, but function essentially as an outlot to an adjacent development, freestanding structures used for the primary illumination of vehicle use areas shall be architecturally compatible with such structures used on the adjacent development. (Ord. 02-1127, 10-8-2002)

   A.   Use Restrictions:

      1.   Miniwarehouses and self-storage facilities shall be limited to dead storage use only.

      2.   No activities other than the rental of storage units, or pick up and deposit of dead storage goods from rental units shall be permitted. Prohibited activities include, but are not limited to, miscellaneous or garage sales, transfer/storage businesses that utilize vehicles as part of said business, and servicing of motor vehicles, boats, trailers, lawn mowers, tractors, snow removal equipment, or any similar equipment.

      3.   The following are prohibited in ministorage facilities and all miniwarehouse and self-storage facility rental contracts shall include clauses prohibiting:

         a.   The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.

         b.   The use of the property for all activities other than use for dead storage.

   B.   Site And Structure Requirements:

      1.   All storage on the property shall be kept within individual storage units within an enclosed building.

      2.   No individual storage unit shall contain plumbing or more than one electrical outlet.

      3.   All properties containing miniwarehouses and self-storage facilities shall be completely surrounded by a fence a minimum of six feet (6') in height such that access can be restricted. The fence shall be constructed of opaque materials such as brick, stone, masonry units, wood, or similar materials, that will prevent the passage of light and debris, but expressly prohibiting woven wire as a fence material.

      4.   Buildings designed as a single-story building shall not exceed twelve feet (12') in height. Multiple-story buildings must provide access to second floor and above individual storage units from within the enclosed building, and shall have a first floor ceiling height not to exceed twelve feet (12').

      5.   No individual storage unit shall exceed six hundred (600) square feet in floor area.

      6.   No door openings for individual storage units shall face any street right of way or residentially zoned property.

      7.   Driving lanes adjacent to buildings shall be at least twenty six feet (26') wide when individual storage unit doors open onto only one side of the driving lane. Driving lanes adjacent to buildings shall be at least thirty feet (30') wide when individual storage unit doors open onto both sides of the driving lane. (Ord. 02-1129, 10-8-2002)

   A.   Definition: For the purposes of this section, a "trailer" shall be defined as any vehicle without motive power in operation designed for carrying persons or property and for being drawn by a motor vehicle, regardless of whether some part of its weight or load rests upon or is carried by another vehicle. This definition shall not apply to mobile homes as defined in section 10-2-1 of this title.

   B.   Overnight Parking: No person shall park any trailer, and no landowner shall permit any trailer to park, at any time between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. at any place within the village. This prohibition shall not apply to:

      1.   Trailers parked wholly within enclosed structures.

      2.   Realty which the driver owns, leases or rents.

      3.   Commercial establishments which the driver is patronizing, for the duration of the patronage.

      4.   Establishments at which the driver is making or picking up a delivery, for the duration of the delivery.

      5.   Cartage facilities or freight terminals.

      6.   Trailer sales or rentals.

      7.   Approved outdoor storage areas with proper screening.

      8.   Motor vehicle repair shops at which the trailer or its motor vehicle is being repaired.

      9.   Approved commercial or industrial loading berths or facilities.

      10.   Construction sites at which the trailer functions as a sales office or at which equipment, materials or tools within the trailer are utilized.

   C.   Uncoupled: No person shall park, and no landowner shall permit to be parked, any trailer uncoupled or unattached from a motor vehicle at any time or place within the village. This prohibition shall not apply to:

      1.   Trailers parked wholly within enclosed structures.

      2.   Establishments at which the driver is making or picking up a delivery, for the duration of the delivery.

      3.   Cartage facilities or freight terminals.

      4.   Trailer sales or rentals.

      5.   Approved outdoor storage areas with proper screening.

      6.   Motor vehicle repair shops at which the trailer or its motor vehicle is being repaired.

      7.   Approved commercial or industrial loading berths or facilities.

      8.   Construction sites at which the trailer functions as a sales office or at which equipment, materials or tools within the trailer are utilized.

      9.   Trailers parked in accordance with section 10-3-7 of this chapter. (Ord. 06-1373, 7-25-2006)

Cargo container facilities are prohibited in all zoning districts. (Ord. 08-1473, 4-8-2008)

   A.   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 Shorewood. 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, as permissible under state law.

   B.   General: The following regulations apply to all Adult-Use Cannabis Business Establishments.

      1.   Establishments shall not be located within a dwelling unit.

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

      3.   No Dispensing Organization shall:

         a.   Be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home, place of worship or park as measured from property line to property line for properties where there is only one business on the lot and as measured to the nearest portion of the building to be used for a Dispensing Organization when the use is located within a multi-tenant building or on a multi-use lot;

         b.   Be located within two hundred fifty (250) feet of a property zoned for residential use as measured from property line to property line for properties where there is only one business on the lot and as measured to the nearest portion of the building to be used for a Dispensing Organization when the use is located within a multi-tenant building or on a multi-use lot; and

         c.   Sell food for consumption on the premises.

      4.   With the exception of Transporters, at least 75% of the floor area of any tenant space occupied by a cannabis business establishment shall be devoted to the activities of that specific cannabis business establishment as authorized by the Act. The transporting organization shall be the sole use of the tenant space in which it is located.

      5.   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 Conditional Use criteria. In a co-location, the floor space requirements of Section B.4 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

      6.   Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the Act and Conditional Use approval, 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.

      7.   Petitioner shall file an affidavit with the Village affirming compliance with this Section and all other requirements of the Act.

      8.   Establishments shall register the business annually pursuant to Title 3, Chapter 1 of this Code.

   C.   Parking:

      1.   For purposes of determining required parking, the business establishments shall be classified as follows in accordance with Section 10-8-4, Schedule of Parking Requirements:

         a.   Adult-Use Cannabis Craft Growers, Cultivation Centers, Infusers and Processors shall be classified as "Food Manufacture, Packaging and Processing."

         b.   Adult-Use Cannabis Dispensing Organizations shall be classified as "Retail, General."

         c.   Adult-Use Cannabis Transporters shall be classified as "Cartage and Express Facilities."

      2.   The Village may require that additional parking be provided as a result of the analysis completed through Section 10-3-34.D, Adult-Use Cannabis Business Establishment Components, herein.

   D.   Adult-Use Cannabis Business Establishment Components: In determining compliance with Section 10-12-4, Conditional Uses, of this Title, the following components of the Adult-Use Cannabis Business Establishment shall be evaluated based on the entirety of the circumstances affecting the subject property in the context of the existing and intended future use of the properties:

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

      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.   Hours of operation and anticipated number of employees and customers.

      4.   Anticipated parking demand based on Section 10-8-4, Schedule of Parking Requirements, and available private parking supply.

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

      6.   Site design, including access points and internal site circulation.

      7.   Proposed signage plan and conformance with Chapter 10, Sign Regulations, of this Title.

      8.   Compliance with all requirements provided in Section 10-3-34B, Adult-Use Cannabis, as applicable.

      9.   Other criteria determined to be necessary to assess compliance with Section 10-12-4, Conditional Uses, of this Title. (Ord. 20-1978, 7-14-2020)

Mechanical Equipment Screening: Mechanical equipment including but not limited to heating, air conditioning, ventilation, and other similar equipment shall be screened as follows.

   A.   For new construction, rooftop equipment must be screened as follows:

      1.   The parapet wall, false roof, or other building element shall provide one hundred percent (100%) screening of mechanical equipment from the adjacent roadways, adjacent properties, adjacent waterways, and the site itself.

      2.   The parapet wall, false roof, or building element shall be constructed of the same materials used in the construction of the principal building or structure and shall be designed to be architecturally integrated with the building's overall design.

      3.   If, due to exceptional circumstances, one of these options cannot effectively screen the mechanical equipment, the use of a rooftop screen may be considered at the discretion of the Zoning Officer.

   B.   For building additions and for new mechanical equipment installed on existing buildings, a parapet wall or false roof which meets the requirements of Section 10-3-35A shall be used to screen rooftop mechanical equipment whenever practical. When these options are not practical due to the architecture of the existing building, a rooftop screen may be used as follows:

      1.   The rooftop screen shall be permanently attached to the building.

      2.   The rooftop screen shall be located so as not to interfere with access to or operation of the equipment.

      3.   The rooftop screen shall be as tall as the equipment which it is screening.

      4.   The rooftop screen shall provide at least eighty-five percent (85%) screening of mechanical equipment from the adjacent roadways, adjacent properties, adjacent waterways, and the site itself.

      5.   The rooftop screen shall be designed to be architecturally integrated with the building's overall design in terms of materials, color, scale, and architectural details.

      6.   Louvered, slatted, and perforated screening systems may be used. Multiple offset sheets or walls may be needed in order to maintain airflow but to achieve the required screening.

      7.   In certain circumstances, such as when the adjacent roadway is raised, a fully-enclosed screening system with a roof may need to be used.

   C.   All ground-mounted mechanical equipment over thirty inches (30") in height must be screened from view by a fence, wall, dense hedge, or combination of such features providing at least eighty five percent (85%) direct view blocking. The hedge, fence or wall must be at least as tall as the tallest part of the equipment. The hedge, if used, must be this tall at the time of planting.

   D.   The following are exempt from the requirements of this section:

      1.   Solar panels, wind energy or similar renewable energy devices.

      2.   Rooftop mechanical equipment less than one-foot (1') in height.

      3.   Taller equipment, such as chimneys, that cannot be practically screened with parapet walls, false roofs, other building elements, or rooftop screens when they are framed out in like-kind building materials or otherwise integrated into the architectural design of the building at the discretion of the Zoning Officer.

      4.   Mechanical equipment incidental to single family detached and single family attached residential structures.

      5.   Communication devices in accordance with all applicable state or federal law and FCC regulations. (Ord. 20-1988, 9- 22-2020)

Short-term rentals are prohibited in all residential zoning districts. (Ord. 23-2082, 11-28-2023)

Commercial Solar Energy Facilities shall be subject to the following requirements:

   A.   Height: Not to exceed 20 ft

   B.   Setbacks: In addition to the setback requirements listed in the zoning district, solar energy facilities must be setback as follows.

      1.   At least 100 feet from the nearest edge of public right-of-way unless waived by written consent by each affected non-participating property owner.

      2.   At least 100 feet from adjacent properties not included in the subject property as depicted in the site plan unless waived by written consent by each affected non-participating property owner.

      3.   At least 150 feet from the nearest point of the outside wall of a dwelling unit or occupied community building on any property not part of the subject property unless waived by written consent by each affected property owner.

      4.   Zero feet for side and rear yards on all properties that are adjacent and within the subject property.

   C.   Glare: Solar energy systems must be designed, constructed, and sited to minimize glare or reflections on adjacent properties and roadways and to not interfere with traffic, including air traffic, or otherwise create a safety hazard.

   D.   Landscaping: Solar energy systems must be landscaped in accordance with Chapter 14 of this Title. As part of the landscaping requirements listed, the facility shall provide 100 plant units per 100 linear feet and 80% of plant units shall be a combination of overstory and evergreen trees.

   E.   Soil and ground cover.

      1.   Topsoils shall not be removed from the site during development unless the removal is expressly approved as part of the special use permit.

      2.   Perennial vegetative ground cover must be maintained or established in all areas of the solar energy systems.

      3.   Perennial vegetative ground cover must be maintained or established in all areas of the solar energy systems.

   F.   Security barrier: Solar energy systems that are part of a commercial solar energy facility must be enclosed by perimeter security fencing or other village-approved barriers with a minimum height of at least six feet that meets the standards listed for fences in Section 10-3-13 of this Title.

   G.   Lighting: Solar energy systems may not be permanently illuminated except for:

      1.   Minimal lighting required by the FAA or other applicable authority; and

      2.   security, emergency, or mechanical equipment lighting approved by the Village Board as part of the site plan review process.

   H.   On-site utilities: On-site power lines and utility connections must be placed underground.

   I.   Monitoring and maintenance: The owner/operator of the commercial solar energy facility is responsible for keeping the facility in safe, sound, and well-maintained condition, including painting, groundskeeping, structural repairs, internal access drives, and the integrity of security measures.

      1.   The owner/operator shall maintain the areas located within the lease area, including the areas located outside the perimeter fence lines on the property and not excluded in the lease agreement.

   J.   Maintenance of grounds shall include mowing, reseeding, and weed management practices in accordance with Title 8 "Building Regulations" Section 8-1B-8: INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) Section 302.4 "Weeds" unless otherwise approved as part of the conditional use.

   K.   Submittal requirements: In addition to the other requirements of Section 10-12-4 of this Title, all applications for conditional use permit approval must include the following information.

      1.   Customary submittal requirements:

         a.   Completed Development Application.

         b.   Copy of recorded deed(s).

         c.   Electronic copy of legal description that is editable.

         d.   Plat of Survey (to scale) from a professional land surveyor. Survey must include a scale, north arrow, and dimensions of the subject parcel.

         e.   Affidavit of Owner's Consent (if applicable).

         f.   Disclosure of Beneficiaries (if applicable).

         g.   Application fee.

      2.   Preliminary Site Plan identifying the following:

         a.   Subject property including the property lines, setback lines, and right-of-way lines.

         b.   Physical features including but not limited to roads, floodplain(s) (if applicable), wetland(s) (if applicable), existing and proposed building(s), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and fencing.

         c.   Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.

         d.   Proposed product cut-sheets.

         e.   Glare study report, if required.

         f.   Visual screening report that includes the following:

         (1)   A map of homes within 300 feet of the facility;

         (2)   Locations and type of existing vegetation that provides screening of views of the facility;

         (3)   Locations of homes within the subject property and residential properties that have waived visual screening; and

         (4)   Topographic features that provide screening of the facility.

         g.   Interconnection Service Agreement or evidence of filing required interconnection service applications with the electric utility.

         h.   Preliminary operation and maintenance plan of the commercial solar energy facility, including measures for maintaining safe access to the installation, stormwater controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.

         i.   Proof of liability insurance.

         j.   Preliminary emergency services plan, including but not limited to the project summary, electrical schematic, and means of shutting down energy systems throughout the life of the installation.

         k.   Redacted copies of all leases for the subject property.

   L.   Prohibited systems. Concentrated solar power systems are prohibited. (Ord. 23-2083, 11-28-2023)

Commercial Wind Energy Facilities shall be subject to the following requirements.

   A.   Minimum lot area. The minimum lot area requirement for a commercial wind energy facility is 1,000 acres, which may include rented, owned, or leased property.

   B.   Maximum height. Electric-generating wind devices may not exceed 500 feet in height, measured to the blade tip of the rotor at its highest point.

   C.   Minimum setbacks. Unless waived by the written consent of each affected non-participating property owner, the following minimum setbacks shall apply to electric-generating wind devices:

      1.   Minimum setback of 1.1 feet multiplied by the device height from any property line.

      2.   Minimum setback of 2.1 feet multiplied by the device height from the property line of any United States Fish and Wildlife area.

      3.   Minimum setback of 2.1 feet multiplied by the device height from the property line of any Illinois Nature Preserve Commission land.

      4.   Minimum setback of 2.1 feet multiplied by the device height of any off-site residential dwelling unit or occupied community building in existence at the time of the conditional use permit application for the commercial wind energy facility.

      5.   Minimum setback of 1.1 feet multiplied by the device height of any on-site residential dwelling for the commercial wind energy facility.

      6.   Minimum setback of 1.1 feet multiplied by the device height of any above-ground public electric power lines, telephone lines, and cable television lines.

      7.   Minimum setback of 1.1 feet multiplied by the device height of any public road rights-of-way.

   D.   Ground clearance. The blade tip of any rotor must, at its lowest point, have ground clearance of at least 75 feet.

   E.   General regulations.

      1.   All climbing apparatus must be located at least 15 (fifteen) feet above the ground, and the tower must be designed to prevent climbing within the first 15 (fifteen) feet above the ground or base.

      2.   Electric-generating wind device rotors, towers, and turbines must be painted a non-reflective, non-obtrusive color.

      3.   The design of all buildings and related structures must, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that reflect the natural setting and the existing environment. The use of earthen berms may be used by the applicant but are explicitly not required by the Village as a condition of any Conditional Use Permit.

      4.   Commercial wind energy facilities may not be artificially illuminated, except to the minimum extent required by the FAA or other applicable authority.

      5.   Wind turbines may not be used for displaying and advertising except for reasonable identification of the manufacturer or operator of the commercial wind energy facility.

      6.   Electrical controls and control wiring and power lines must be wireless or not above-ground except where commercial wind energy facility wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

      7.   All-access doors and gates to wind turbine towers and electrical equipment must be lockable.

      8.   Each electric-generating wind device tower must be marked with a visible identification number to assist with the provision of emergency services, and the owner must file with the appropriate local fire protection district and sheriff's police, a commercial wind energy facility map identifying wind turbine locations and numbers.

      9.   Warning signs concerning voltage must be posted on the base of each tower, electrical equipment, and at the entrance to any commercial wind energy facility site.

      10.   If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road district, or other unit of local government relating to a commercial wind energy facility, the road use agreement shall require the facility owner to be responsible for:

         a.   the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility; and

         b.   the reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction.

   F.   Submittal requirements: In addition to the other requirements of Section 10-12-4 of this Title, all applications for conditional use permit approval must include the following information. Customary submittal requirements:

      1.   Site plan showing the following:

         a.   Survey of property or properties included in the proposal;

         b.   Distance to the nearest residential dwelling;

         c.   Setback regulations of the zoning district;

         d.   Setback regulations for each electric-generating wind device tower;

         e.   Any floodplain or wetland on the property;

         f.   Any existing or proposed roads;

         g.   Location, height, and dimensions of all existing and proposed structures and fencing;

         h.   Any easements or above-ground utilities on the property;

         i.   Surrounding zoning and uses within 1,320 feet of the property;

      2.   A project proposal that includes the following:

         a.   Name, company, address, and phone of the owner, developer, or any other interested party.

         b.   Project summary including the nameplate generating capacity; equipment manufacturer; type of electric-generating wind device and number of electric-generating wind device; the nameplate generation for each electric-generating wind device.

         c.   Maximum height and ground clearance for each electric-generating wind device.

      3.   Certification, affidavit by an Illinois licensed professional engineer, or other evidence of industry-standard computer modeling that indicates any occupied community building or off-site residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions unless waived by written consent by each affected non-participating property owner.

      4.   Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts if any state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity.

   G.   Signal interference. The permittee must minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by any commercial wind energy facility. (Ord. 23-2083, 11-28-2023)

Accessory solar energy facilities shall be allowed in all zoning districts, and shall be subject to the following requirements:

   A.   Location:

      1.   All solar panels shall be installed on the roof of the property's principal structure(s) or detached garage(s). Ground-mounted solar panels, pole-mounted solar panels, and solar panels on carports and other accessory structures other than detached garages are prohibited.

      2.   The entirety of each solar panel shall be placed within the roof's area.

      3.   No part of any solar panel shall be located within one (1) foot from the edge of the roof.

      4.   Solar panels shall not be installed within one (1) foot of the roof's peak, except for buildings with flat or mansard roofs.

      5.   Building-integrated photovoltaics (BIPVs) designed to reduce visual impact shall be allowed on principal structures and detached garages. They shall be designed and configured to blend into the architecture of the building and neighborhood. The one (1) foot setbacks of 10-3-39(A)(2) and 10-3-39(A)(3) shall not apply to BIPVs.

      6.   No inverters, electrical boxes, battery storage, meters, conduit, or other incidental equipment may be mounted to the front of the building.

      7.   No new overhead electrical lines may be installed to accommodate the solar energy system.

   B.   Conditions:

      1.   The maximum height above the roof's surface shall be one (1) foot. Solar panels must be installed parallel to the roof pitch.

      2.   All solar panels must be stationary. Tracking solar panels are not permitted.

      3.   All components of the solar energy facility other than the panels shall be similar to the roof's color.

      4.   Protective netting shall be placed around roof-mounted solar panels at the time of installation to prevent birds, rodents, and debris from impacting the roof.

      5.   Maintenance shall be regularly performed on the solar energy facility.

   C.   Glare: Solar energy facilities must be designed, constructed, and sited to minimize glare or reflections on adjacent properties and roadways and to not interfere with traffic, including air traffic, or otherwise create a safety hazard.

   D.   Usage: Energy produced via the solar energy facility shall be used within the property. If more energy is produced than the property needs, energy shall be delivered to the power grid.

   E.   Removal: If maintenance is not regularly performed on the solar energy facility or if the facility is inoperative for nine (9) months, the solar energy facility shall be completely removed and the roof shall be restored to its original condition within ninety (90) days. (Ord. 25-2149, 7-8-2025)

Accessory wind energy facilities are prohibited in all residential and business zoning districts. Accessory wind energy facilities are allowed in industrial zoning districts as conditional uses subject to the following requirements:

   A.   Location:

      1.   No more than one (1) freestanding wind turbine may be permitted on a site and must be associated with a principal structure. The principal structure must be constructed before a wind energy facility is installed.

      2.   The following minimum setback shall apply to freestanding accessory wind energy devices:

         a.   Minimum setback of 1.1 feet multiplied by the device height of any on-site structure.

         b.   Minimum setback of 1.1 feet multiplied by the device height from any property line.

         c.   Minimum setback of 2.1 feet multiplied by the device height from the property line of any United States Fish and Wildlife area.

         d.   Minimum setback of 2.1 feet multiplied by the device height from the property line of any Illinois Nature Preserve Commission land.

         e.   Minimum setback of 2.1 feet multiplied by the device height from any off-site residential dwelling unit or occupied community building in existence at the time of the conditional use permit application for the accessory wind energy facility.

         f.   Minimum setback of 1.1 feet multiplied by the device height from any above-ground public electric power lines, telephone lines, and cable television lines.

         g.   Minimum setback of 1.1 feet multiplied by the device height from any public road rights-of-way.

      3.   No part of a roof-mounted wind energy facility shall be within five feet (5') from the edges or eaves of a roof.

      4.   No part of a wind energy facility shall be located in or over any access road, access easement, or public utility easement.

   B.   Maximum Height: The height of any freestanding or roof-mounted wind energy facility shall not exceed fifteen feet (15') taller than the highest point of the principal structure(s), measured to the blade tip of the rotor at its highest point.

   C.   Clearance: The blade tip of any rotor shall, at its lowest point, have ground clearance of at least fifteen feet (15'). For roof-mounted wind energy facilities, this standard shall be at least five feet (5') from any part of the principal structure(s). Motionless wind energy systems shall be mounted directly to the roof.

   D.   Conditions:

      1.   The maximum blade size for accessory wind energy facilities shall be ten (15) feet in total rotor diameter.

      2.   All climbing apparatus shall be located at least fifteen feet (15') above the ground. Towers of freestanding devices must be designed to prevent climbing within the first fifteen feet (15') above the ground or base.

      3.   Freestanding wind energy facilities shall be designed without the use of guy wires.

      4.   Electric-generating wind device rotors, towers, and turbines must be painted a non-obtrusive color (such as white, sky blue, or silver) with a non-reflective finish.

      5.   Electrical controls, control wiring, and power lines shall be wireless, underground, or otherwise obstructed from view.

      6.   Wind energy facilities shall not be artificially illuminated, except to the minimum extent required by the FAA or other applicable authority.

      7.   Wind turbines shall not be used for displaying and advertising except for reasonable identification of the manufacturer or operator of the wind energy facility, or to display public safety information.

      8.   No new overhead electrical lines may be installed to accommodate the wind energy system.

   E.   Quality Control:

      1.   Applicants shall provide evidence that wind energy structures and parts comply with industry standards. It is recommended that a wind energy facility be certified under an industry standard such as the American Wind Energy Association's Small Wind Turbine Performance and Safety Standard.

      2.   Applicants shall provide evidence that liability insurance is provided for the wind energy facility before building permits are released.

      3.   Maintenance shall be regularly performed on the wind energy facility.

   F.   Noise Control: Accessory wind energy facilities shall not emanate noise louder than thirty (30) decibels as measured from the property lines.

   G.   Removal: If maintenance is not regularly performed on the wind energy facility or if the facility is inoperative for nine (9) months, the wind energy facility shall be completely removed and the site shall be restored to its original condition within ninety (90) days. (Ord. 25-2149, 7-8-2025)