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Skokie City Zoning Code

ARTICLE IV

GENERAL PROVISIONS5


Footnotes:
--- (5) ---

Editor's note— Ord. No. 19-4-C-4451, § 1, adopted April 15, 2019, renumbered Art. III, Div. 1.1, as Art. IV. In addition, said ordinance amended the article to read as herein set out. See the Code Comparative Table for a complete history of the former Div. 1.1.


Sec. 118-51.- Approval and availability of essential services.

All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, energy, telecommunications, street lighting and similar services, shall obtain such approval as required by the Village or other provider of such service prior to the issuance of building permits. Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The provider is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the provider agrees otherwise. All service extensions shall be designed and installed in full compliance with the provider's standards for such service, and is subject to review, permit, fees, and inspection as required by other policies or ordinances of the provider.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015)

Sec. 118-52. - Sight distance triangle.

No objects are allowed within a 10' sight distance triangle in R1, R2, R3, and R4 districts, or within a 15' sight distance triangle in all other districts, between 30" and 84" in height from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015)

Sec. 118-53. - Residential uses below grade.

No residential unit or bedroom shall be established in a residence where the floor level is below grade level.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015)

Sec. 118-54. - Number of buildings on lot.

Not more than 1 principal building shall be located on a lot, except in a planned development.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015)

Sec. 118-55. - Reduction of lot area.

No lot shall be reduced in area so that the yards or lot area become less than required by this chapter.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-56. - Front lot line on through-lots.

Either of the lot lines abutting a street right-of-way line in a given block may be established as the front lot line. However, when the front lot line of a lot in a block containing multiple through-lots has been established by an existing building, such front lot line shall be the front lot line for the remaining lots in the block.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-57. - Required lot consolidation.

No building or set of buildings shall be on a separate lot from any other part of a building, any associated required on-site improvements, or any other land used by or necessary to such buildings or improvements, with the following exceptions: the separate lot is an undeveloped side yard that is a buildable lot in a residential district, the lot line runs through a building containing townhouses, the site is divided by a public right-of-way, or the site is consistent with a subdivision associated with a planned development.

(Ord. No. 15-5-C-4142, § 3, 5-4-2015; Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-58. - Required site plan approval.

In the OR Office Research District and all business, mixed-use and residential districts site plan approval is required for the development, redevelopment, or modification of buildings and structures or site plan modifications of sites 1 acre or larger in size.

(Ord. No. 16-10-C-4254, § 2, 10-19-2016; Ord. No. 22-8-C-4611, § 2, 8-1-2022)

Sec. 118-59. - Permitted obstructions in required yards.

(a)

General. Any obstruction permitted in this section may be further restricted in compliance with another Village code, ordinance, and rule or regulation.

(b)

All yards.

(1)

Basketball backboards with standards, bicycle parking spaces and racks (except in front yards of detached, 2-unit multifamily, and townhouse residences), flagpoles, landscaping, ornamental light standards, signs and nameplates as regulated by the Signs chapter, steps and ramps necessary for access to permitted buildings or for access to lots from streets, required exterior fire escapes, and temporary construction fences required as a condition of a Village permit or license.

(2)

Chimneys, window wells, sills, belt courses, cornices or other ornamental features projecting not more than 1.5' into the required yard.

(c)

Front yards.

(1)

Individual window or through-the-wall installed air conditioning units and fences at schools, public parks, governmental uses, and public utilities that are required for the protection of the public.

(2)

Decorative fences with site plan approval at nonresidence uses in residential districts.

(3)

Awnings, canopies, or one-story bay windows that are not ground-supported projecting not more than 3' into the required front yard, except that the total width of the bay windows must be less than 50% of the width of the building wall containing the bay windows.

(4)

Terraces or porches that do not have permanent roofs not more than 4' above the average level of the abutting ground and not projecting over 10' into the required front yard.

(5)

Overhanging eaves and gutters projecting not more than 15% into the depth of the required yard.

(d)

Rear yards.

(1)

Air conditioning condensers in compliance with § 118-66, individual window or through-the-wall installed room air conditioning units, arbors, trellises, balconies, open porches, barbecues, clotheslines, accessary structures in compliance with § 118-60, fences in compliance with § 118-61, recreational and playground equipment, swimming pools and tennis courts.

(2)

Awnings and canopies that are not ground-supported and not projecting more than 5' into the required rear yard.

(3)

Dog runs, subject to Building Division and Health Department approval, except that dog runs in residentially zoned and used properties must be at least 3' from any property line.

(4)

Overhanging eaves and gutters, provided that eaves and gutters of accessory buildings are at least 2' from any lot line of principal buildings are not projecting more than 15% into the depth of the required rear yard.

(5)

Terraces or porches that do not have permanent roofs not more than 4' above the average level of the abutting ground and not projecting over 10' into the required rear yard.

(e)

Side yards.

(1)

Fences in compliance with § 118-61, individual window or through-the-wall installed room air conditioning units with a capacity not exceeding 12,000 Btu's, and air conditioning condensers in compliance with § 118-66.

(2)

Awnings and canopies that are not ground-supported and are at least 2' away from the lot line.

(3)

Overhanging eaves and gutters projecting not more than 3' into the required side yard and at least 2' away from the lot line.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-60. - Accessory building, structures and uses.

(a)

Accessory classifications in districts.

(1)

Accessory structures shall be allowed in all districts, except those structures specifically prohibited.

(2)

Accessory buildings and uses are allowed only in residential zoning districts.

(b)

Maximum height. An accessory building cannot exceed 1 story or 15' in height. The distance from grade to the top of eave or to the top of the highest point on a flat roofed building cannot exceed 10' above grade, except that an open roof deck railing cannot exceed 15' above grade.

(c)

Area. The ground floor area of all accessory buildings must not exceed the ground floor area of the principal grade.

(d)

Rear yard coverage. The total area of all accessory buildings shall not occupy more than 30% of the rear yard.

(e)

Use of accessory buildings in residential districts. In residential districts a motor vehicle garage or other accessory building shall not be used as a residence, temporary residence, or in conjunction with a commercial or business activity, except that commercial vehicles may be parked or stored in the garage.

(f)

Setbacks. Except for legal fences or as otherwise provided, an accessory building or structure erected, altered, enlarged, or moved must conform to the following:

(1)

International Residential Code, as amended in Chapter 22, as if all accessory buildings are garages.

(2)

An accessory building less than 50 ft. 2 in area and of noncombustible construction is permitted to abut the principal building.

(3)

An accessory building or structure is prohibited in a required front or side yard or within 60' from a front lot line.

(4)

An accessory building or structure in a rear yard shall be at least 3' from a lot line except that the setback required shall be at least:

(a)

The distance required for a side yard abutting a street on corner lots.

(b)

The distance required for a front yard on through lots.

(c)

5' from the lot line abutting the alley.

(g)

Colocation. Accessory buildings shall occupy the same lot as the principal use or building.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-61. - Fences.

(a)

A building permit shall be required for the construction, installation, or replacement of any fence.

(b)

All fence posts and other supporting members must face to the owner's side or be enclosed on two sides by fencing.

(c)

Fence location.

(1)

No fence or portion of a fence shall be allowed on any part of a front yard or corner side yard except at schools, public parks, governmental uses, and public utilities, required for the protection of the public in residential zoning districts. Decorative fences in the front yard of a nonresidence use in a residential zoning district may be allowed with site plan approval.

(2)

A temporary fence required as a condition of a Village permit or license at a construction or work site shall be allowed in all required yards.

(d)

Height. A fence in a required yard may be erected to a height not exceeding 6' from ground level, except as otherwise provided below:

(1)

Not exceeding 5' from ground level in a residential zoning district when abutting another lot in a residential zoning district if the fence is either along a side lot line or in a required side yard.

(2)

Not exceeding 8' from ground level in an industrial zoning district or where a side or rear lot line of a property in a residential zoning district abuts either an industrial district or an alley abutting an industrial district.

(3)

Not exceeding 30" from ground level within a sight distance triangle.

(e)

The following types of fences and fence attachments are prohibited unless otherwise stated:

(1)

Electrically charged.

(2)

Barbed wire, razor wire or any guard or barricade intended to cause injury. Barbed wire shall only be allowed at industrially zoned property, located at least 6' above ground level, and extended inwards towards the property enclosed.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-62. - Outdoor storage, parking, or standing of recreational vehicles, boats, boat trailers, and commercial trailers.

(a)

General conditions. The following general conditions shall apply to recreational vehicles, boats, boat trailers, or commercial trailers:

(1)

State license plates and Village vehicle license stickers, if applicable, shall be current and properly displayed.

(2)

Such vehicles shall not be used as living quarters or an accessory building, for storage, or in conjunction with any business enterprise.

(3)

Such vehicles shall not be parked, stored or stand with flammable liquids aboard other than in State Department of Transportation approved containers.

(4)

Such vehicles shall not be parked, stored, or be permitted to stand in such a manner as to create a dangerous or unsafe condition on the property.

(5)

Other than in a self-service storage facility, the owner of such vehicles shall also be the legal or beneficial owner of lessee of the real estate upon which such vehicles are stored, standing or parked. Upon request by an authorized Village official, proof of vehicle ownership shall be provided.

(6)

The prohibitions set forth in this section shall not apply to van-type recreational vehicles provided that they bear "RV" or passenger license plates and are standard stock models as produced by the original vehicle manufacturers. No modifications affecting overall length, width, or height of standard production models shall be permitted to such van-type vehicles. Customizing, such as, but not limited to, special painting, "mag" wheels, and plastic dome vents shall not be considered a modification.

(b)

Residential districts. Parking commercial trailers outdoors is prohibited in residential districts. A recreational vehicle, boat, or boat trailer may be stored, parked, or permitted to stand out of doors in any residential district subject to the following conditions and restrictions:

(1)

A recreational vehicle or boat trailer shall be maintained in mobile condition.

(2)

No major constructions or major repair shall be permitted.

(3)

Such vehicles shall not exceed the following dimensions:

Dimension RV/Boat/Boat Trailer
Length, excluding hitches and bumpers (feet) 14
Width (feet) 8
Height, excluding antenna (feet) 11

 

(4)

Such vehicle shall not cover more than 3% of the area of the lot on which it is located.

(5)

Such vehicles shall not be parked or stored within 3' of any lot line or within any front yard, side yard, or front driveway unless otherwise specifically permitted.

(c)

Business and industrial districts. A recreational vehicle, boat, boat trailer, or commercial trailer may be stored, parked, or permitted to stand out of doors in any business or industrial district subject to the following conditions and restrictions:

(1)

Recreational vehicle, boat, or boat trailer - at a motor vehicle or boat sales facility or operated with self-service storage only.

(2)

Commercial trailer - operated with a permitted or special use in that district.

(3)

Such vehicles shall not block access to any off-street parking space.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-63. - Antennas.

(a)

Antennas shall be allowable accessory structures in all districts. Antennas shall also be allowable principal uses in districts designated in Appendix A.

(b)

Generally.

(1)

Permitted use antenna structures may be up to 25' in height above the district height regulations.

(2)

All antennas located in residential districts shall be for the personal use and benefit of the resident occupants of the subject property unless the antenna is operated by a public utility company or is a small cell antenna as defined in Chapter 103 and is co-located on an existing utility pole or Village or governmentally owned structure as defined in Chapter 103. The term "public utility" shall be defined in the same manner as in the Illinois Compiled Statutes, as amended now or in the future.

(3)

Ground-mounted antennas located in mixed-use and business districts shall be exclusively used for the operation of the principal use of the subject property, unless operated by a public utility company.

(4)

A Village permit shall be secured for all antenna ancillary equipment utilizing standard line voltage electrical current or whose installation requires any structural modifications. A Village permit shall also be required for any small cell antenna located in a public right-of-way.

(5)

Prior to the issuance of a Village permit for a principal use antenna, a copy of the FCC license for an individual antenna or the license for the Chicago Major Trading Area shall be submitted to the Village. A copy of this license shall be submitted to the Village upon its renewal.

(6)

Antennas located in residential districts whose width exceeds 3' shall be constructed in such a manner as to be at least 50% transparent by light and air.

(7)

All antennas exceeding 3' in width located in the R1, R2, and R3 zoning districts shall be mounted at a location closest to the ground, except when a higher or different location is needed for signal reception. In addition, all antennas shall meet all other location and height requirements.

(8)

An antenna shall not be located less than 60' from the front lot line, except when attached to the side of an existing steeple, church belfries, chimneys, elevator bulkheads and building equipment penthouses.

(9)

Antennas and their related facilities shall be removed upon abandonment. An antenna will be considered abandoned when it is deactivated or out of service, its FCC license has lapsed or has not been renewed, or the antenna is not used for its intended and authorized purpose for a period of 90 days. The owner(s) of an antenna shall inform the Village of their intent to abandon an antenna. An antenna will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced.

(10)

All antenna support structures and antennas shall comply with the International Building Code, the National Electrical Code, and FAA and FCC requirements.

(11)

The fabrication and testing of antennas shall be governed by the allowable land use classifications as stated in the industrial district sections of this chapter.

(c)

Ground mounted.

(1)

The base of a ground-mounted antenna shall be screened to a height of 6' to shield its view from neighboring property and the street fronting the property. Screening shall consist of landscaping. Screening shall not be located so as to interfere with the reception of the antenna.

(2)

Principal use antennas shall be located a minimum of 100', or a distance equal to the height of the antenna structure, whichever is greater, from residentially zoned property.

(3)

The owners of principal use antenna support structures in industrial districts are encouraged to design such structures to allow the co-location of other communication providers' equipment so as to minimize the proliferation of antenna support structures throughout the community.

(4)

The owner of principal use antenna support structures shall allow the collocation of other communication providers' equipment, where technically feasible, on a commercially reasonable basis.

(5)

Antennas which alter the approved site plan of a special use site shall be subject to the abbreviated special use process for review and approval. The following siting requirements shall be met:

(a)

The antenna shall not be mounted in a required yard.

(b)

The antenna shall not be mounted in any required off-street parking spaces or affect traffic circulation.

(c)

Where possible, the base and back of the antenna support structure and antenna shall be screened with landscaping to a height of 6'.

(d)

The antenna support structure shall not interfere with or reduce on-site water detention.

(d)

Accessory. Accessory antenna structures may be up to 12' in height above the district height regulations except small cell antennas co-located on a utility pole or Village structure. Such antennas shall not exceed a height of 7' above the pole height and shall be mounted with non-metallic materials of a neutral color approved by the Village as is further defined in Chapter 103.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-64. - Stormwater control.

(a)

Purpose. The purpose of this section is to promote the public health, safety, and welfare, by controlling stormwater runoff resulting from the urbanization of the Village. Because the Village is located in a Combined Sewer Area, is committed to reduce combined sewer overflows occurrences, and is encouraging the use of Green Infrastructure on private development projects.

(b)

Applicability of the WMO. The Metropolitan Water Reclamation District's (MWRD) Watershed Management Ordinance (WMO) applies to all development within the Village boundaries. Components that are regulated under the WMO include qualified sewer construction, drainage and detention, volume control, floodplain management, isolated wetland protection, riparian environment protection, and soil erosion, and sediment control. As such:

(1)

The Village requires that all development obtain a permit letter of determination from MWRD's Engineering Department.

(2)

As developments within the Village may not be required to meet certain site stormwater management requirements under the WMO, the Village maintains its rights to enforce the Village's stormwater requirements as applicable under this section.

(3)

The Village requires that an Earthwork/Foundation permit consistent with WMO requirements be obtained from MWRD if site disturbance is to commence prior to the issuance of the MWRD permit. The purpose of this limited scope permit is to allow the issuance of an advanced 'Foundation' permit from the Village.

(4)

Credit shall be given to Village required stormwater detention volumes for any volume control, as expressly required by WMO, or as installed by the developer.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Allowable release rate means the rate at which stormwater runoff is allowed to flow from the site into the Village sewer system.

Control structure means a structure having an outlet designed to control the stormwater runoff release rate.

Developed state means the condition of the site after development that is represented by a composite runoff coefficient based upon an imperious runoff coefficient of 0.95 and a pervious runoff coefficient of 0.25.

Excess stormwater runoff means the portion of the stormwater runoff that exceeds the allowable release rate.

100-year frequency rainfall shall be as defined by the Illinois State Water Survey.

On-site stormwater detention means the utilization of an on-site stormwater storage facility that is designed and maintained to temporarily contain stormwater only when excess stormwater runoff occurs.

On-site stormwater retention means the utilization of an on-site stormwater storage facility that is designed and maintained to temporarily contain stormwater when excess stormwater runoff occurs and to permanently hold an additional volume of water at a level which is at or below the level of the discharge point for such a storage facility.

Peak runoff rate means the rate of stormwater runoff that occurs when the duration of the rainfall is equal to or greater than the time of concentration.

Rainfall intensity means the amount of precipitation that occurs within a given period, expressed in inches of rainfall per hour.

Rational Method means the empirical method that relates stormwater runoff to rainfall intensity by the formula "Q = CiA" where "Q" is the peak runoff rate in cubic feet per second, "i" is the average rainfall intensity in inches per hour, and "A" is the area of the site in acres.

Runoff coefficient means the percentage of precipitation that appears as stormwater runoff.

Stormwater runoff means the portion of the precipitation from a rainfall event remaining after interception and evaporation losses which flows from the site into the Village sewer system.

Time of concentration means the time required for the stormwater runoff to become established and flow from the most remote part of the site to the point under consideration into the Village sewer system.

Two-year frequency rainfall shall be defined by the Illinois State Water Survey.

Undeveloped state means the natural condition of the site prior to development that is represented by a runoff coefficient of 0.15.

(d)

Stormwater control requirements and exemptions.

(1)

All developments resulting from the construction of any building, parking lot or other improvement on any part or combination of parcels of land located within the Village shall control the stormwater runoff release rate and provide storage of the excess stormwater runoff in accordance with the following requirements:

a.

Stormwater control calculations shall be performed in accordance with the Rational Method and in the format required by the Village;

b.

The allowable release rate shall not exceed the peak runoff from the site in its undeveloped stat for a 2-year frequency rainfall; and

c.

The excess stormwater runoff, as determined to be the difference between the stormwater runoff from the site in its developed state for a 100-year frequency rainfall less the allowable release rate, shall be temporarily contained on the site by means of on-site stormwater retention and/or detention facilities.

(2)

The following developments are exempt from the stormwater control requirements of this section:

a.

All developments existing prior to February 17, 1987, shall be exempt.

b.

A parcel or parcels of land used for detached, or 2-unit multifamily residences shall be exempt.

c.

An individual undeveloped lot of record and subdivisions and resubdivisions with only 1 or 2 undeveloped lots shall be exempt from the stormwater control requirements.

d.

Any parking space with direct access from a public alley is exempt from drainage requirements of this section, provided that surface drainage is made to a fully improved (paved) public alley. Direct access from a public alley shall be defined as a parking space utilizing the public alley as an access aisle without any intervening access aisle.

(3)

The exemptions in subsection (d)(2) of this section shall not apply to the following and a determination of site impermeable surface shall be required.

a.

Deficient existing off-street parking facilities which have site drainage but which are deficient in on-site stormwater detention, which facilities shall make provision for maximum feasible detention as set forth in subsection (d)(5) of this section.

b.

Existing developments that are damaged by any cause to the extent of 50% of its value immediately prior to the event as determined by the Zoning Official, in which case such developments shall be restored and/or reconstructed in full accordance with the stormwater control requirement; and

c.

Existing developments which are altered, rehabilitated or reconstructed such that the alterations, repairs, or reconstruction are in excess of 50% of its value immediately prior to the event as determined by the Zoning Official, or such that the alteration, repairs or reconstruction represent a substantial change in use, as determined by the Zoning Official, or such that the alteration, repairs or reconstruction represent a substantial change in use, as determined by the Zoning Official, in which case such development shall be altered, rehabilitated or reconstructed in full accordance with the stormwater control requirement.

d.

Subdivisions and resubdivisions. Subdivisions and resubdivisions with 3 or more undeveloped or redeveloped lots shall meet the following applicable requirements:

1.

Subdivisions served by existing streets and/or combined sewer systems shall be required to provide stormwater control for that portion of the subdivision behind the proposed front yard to ensure that the runoff from the majority of unimproved property and all roof water will be controlled, in accordance with Village standards, and minimize the stormwater impact of the subdivision on the surrounding area.

2.

Subdivisions where existing street and sewer improvements do not exist shall provide stormwater control for all property, including dedicated public streets, in compliance with the Village stormwater control requirement.

(4)

All new and unimproved existing off-street parking areas, either open or enclosed, shall make provision for adequate site drainage and detention of stormwater runoff, subject to the approval of the Village Manager or designee. The on-site stormwater detention requirement shall be based upon detention storage of the runoff from the developed site for a 100-year frequency rainfall less an allowable release rate based upon the runoff from the undeveloped site for a 2-year frequency rainfall. The 2-year and 100-year frequency rainfalls shall be those defined by the Illinois State Water Survey. The undeveloped site shall be defined as having a composite runoff coefficient based upon an impervious runoff coefficient of 0.95 and a previous coefficient of 0.25. The maximum allowable depth of detention storage shall be 12".

(5)

Deficient existing parking lots which are deficient in drainage shall not be required to provide site drainage and detention of stormwater runoff. Deficient existing lots which have site drainage but which are deficient in detention of stormwater runoff shall make provision for maximum feasible detention of stormwater runoff, subject to the approval of the Village Manager or designee. The maximum feasible on-site stormwater detention requirement shall be based upon detention storage of the runoff from existing developed site for 100-year rainfall less an allowable release rate based upon the runoff from the existing developed site for a 2-year frequency rainfall, except that this detention storage requirement shall not exceed the maximum detention storage that can be safely contained on the site without creating associated drainage hazards to the general public or adversely affecting the normal use of the site. The 2-year and 100-year frequency rainfalls shall be those defined by the Illinois State Water Survey. The existing developed site shall be defined as having a composite coefficient of 0.95 and a previous runoff coefficient of 0.25. The maximum allowable depth of detention storage shall be 12".

(e)

On-site stormwater retention-detention facilities.

(1)

The temporary storage of excess stormwater runoff shall be provided by means of on-site stormwater retention and/or detention facilities that are located wholly within the development, as determined by the Village Manager or designee.

(2)

The design and construction of on-site stormwater retention and/or detention facilities shall be performed in accordance with the following requirements:

a.

The permanent water surface area of an on-site stormwater retention facility shall not exceed 10% of the tributary drainage area contained in the development, provided that an individual retention facility shall have a permanent water surface area of at least ½ acre.

b.

The minimum normal water depth of an on-site stormwater retention facility shall be 4', except that a minimum of 25% of the permanent water surface area shall have a minimum depth of 10' when the facility is stocked with fish.

c.

On-site stormwater retention facilities shall include suitable shoreline protection methods to prevent erosion from wave action. These facilities shall be provided with adequate aeration and/or circulation facilities to prevent stagnation, and shall be subject to periodic inspection to ensure proper operation and compliance with local health standards.

d.

Landscaped on-site stormwater retention and detention facilities shall have a minimum side slope of 100:1, and a maximum side slope of 3:1. The side slopes shall be kept as close to the natural land contours as practicable. Facilities proposing side slopes in excess of 3:1 in order to meet storage requirements shall be allowed only as those cases specifically approved by the Village Manager or designee.

e.

Landscaped areas utilized as on-site stormwater detention facilities shall be designed to serve a secondary purpose for recreation, open space, or other types of uses that will not be adversely affected by periodic storage of excess stormwater runoff.

f.

Paved areas utilized as on-site stormwater detention facilities shall have a minimum grade of 0.5% and a maximum slope established by the Village Manager or designee based on the use. Maximum storage depth shall not exceed 6".

g.

Roof areas as on-site stormwater detention facilities shall use permanent outlet control structures and parapet walls to contain excess stormwater runoff on the rooftop. An emergency overflow shall be provided to ensure that the weight of water stored will not exceed the structural capacity of the roof. Volume controls provided on green roofs shall be credited to any Village required stormwater detention.

h.

On-site stormwater detention facilities shall be provided with a positive gravity outlet to a storm sewer which is designed in such a manner as to require minimum maintenance for proper operation. On-site stormwater retention facilities should be provided with a positive gravity outlet, if at all possible, to allow the ambient water level to be lowered for cleaning and shoreline maintenance.

i.

On-site stormwater retention and detention facilities shall be provided with a method of emergency overflow in the event that the outlet control structure becomes nonfunctional due to failure, clogging or other reason, or in the event that a rainfall event in excess of the 100-year frequency rainfall occurs.

j.

At no time during the construction of the development shall the stormwater runoff release rate exceed the runoff from the site in its undeveloped state for a 2-year frequency rainfall.

k.

During the construction of the development, suitable facilities shall be provided and methods employed to prevent erosion and siltation of abutting areas.

l.

Plans, specifications and all calculations prepared in conjunction with the stormwater control requirement shall be submitted to the Village Manager or designee for review and approval prior to the issuance of any permit otherwise required for construction or substantial reconstruction of the development.

(f)

Design and construction standards. The Village Manager or designee shall prepare or cause to be prepared such minimum specifications for materials, designs, construction methods and erosion control as may be necessary to implement the provisions, requirements and regulations set forth in this chapter. The design and construction of storm drainage and stormwater control systems shall be performed in accordance with these specifications established by the Director of Public Works.

(g)

Maintenance. All on-site stormwater retention and detention facilities shall be maintained in a fully operational condition.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-65. - Amusement devices.

Amusement devices that are not part of an arcade establishment are permitted with allowable uses in mixed-use and business districts, provided that such devices are clearly incidental and secondary to the principal use and are limited to a maximum of 3 devices.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-66. - Air conditioning condensers and electric generators.

(a)

A permit shall be required for the installation or replacement of the unit.

(b)

The unit cannot be located in a required front yard or side yard facing a street.

(c)

Residential regulations. The following conditions shall apply to units that are located on a lot with a detached or 2-unit multifamily residence:

(1)

The unit must be located at grade level.

(2)

The unit must be located at least 6' from a lot line.

(3)

Electric generators cannot have a decibel level over 70 dB at full load as specified by the manufacturer of the equipment. Specifications shall be submitted for review at the time of permit application.

(4)

Electric generators may only be tested during times listed in Sec. 42-78(2).

(Ord. No. 19-4-C-4451, § 1, 4-15-2019; Ord. No. 19-8-C-4478, § 1, 8-19-2019)

Sec. 118-67. - Fire safety zone.

For all yards abutting a street, a building setback shall be required such that the height of the building shall not exceed 3 times the furthest distance an emergency vehicle may park on that street in order to provide emergency services to that building. The furthest distance shall be measured from the face of the building on any given story to the inside edge of the furthest driving lane from the building, regardless of the direction of the traffic flow of that lane.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-68. - Wind energy systems.

(a)

Standard conditions for all wind energy systems are as follows:

(1)

A Village permit is required for the installation of a wind energy system on any property (the "Subject Property").

(2)

Wind energy systems shall comply with the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all Village codes.

(3)

The maximum noise level shall not exceed 60 decibels as measured from the Subject Property.

(4)

A wind energy system shall be for the use and benefit of the occupants of the property on which it is located, except for reverse metering as allowed by the appropriate state or federal agency.

(5)

All abandoned or unused wind energy systems shall be deemed a nuisance 12 months after the cessation of operations, unless an extension is approved. If an extension is not approved by the Village Manager or designee, the Village may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the Subject Property shall restore the Subject Property to a condition consistent with the property's condition prior to the installation of the system.

(6)

One wind energy system is allowed per Subject Property. Additional wind energy systems may be allowed with site plan approval.

(b)

Rooftop wind energy systems.

(1)

All permit applications will be reviewed and approved, or denied, by the Village Manager or designee.

(2)

Rooftop wind energy systems shall be allowed as accessory structures in all zoning districts.

(3)

The height of a wind energy system shall be no more than 15' above the highest point of a building's roof or 15' above the existing allowable building height in the district, whichever is lower in height.

(4)

In all zoning districts, no portion of any rooftop wind energy system shall be in any required yard. In residential, mixed-use, and business districts, rooftop wind energy systems shall be at least 20' from the front yard line, or in the case of corner lots, at least 10' from the corner side yard line. A rooftop wind energy system that is mounted on the side of a structure may encroach, by no more than 1.5', into a required yard.

(c)

Small wind energy systems.

(1)

Small wind energy systems shall only be allowed as accessory structures subject to site plan approval in the M1, M2, and M3 districts.

(2)

The height of a small wind energy system shall not exceed 70'.

(3)

The nameplate capacity of a small wind energy system shall not exceed 100 kilowatts.

(4)

The blade tip of any rotor of a small wind energy system shall, at its lowest point, have ground clearance of no less than 15' or ⅓ of the tower height, whichever is greater, above ground.

(d)

Large wind energy systems.

(1)

Large wind energy systems shall be allowable accessory structures with site plan approval an M3 district.

(2)

The total height of a large wind energy system shall not exceed 120'.

(3)

The blade tip of any rotor of a large wind energy system shall, at its lowest point, have ground clearance of no less than 25' or ⅓ of the tower height, whichever is greater, above ground.

(e)

Installation requirements for small and large wind energy systems.

(1)

The system must include a wind turbine tower and not be mounted on a building.

(2)

Security fencing not less than 6' high equipped with an appropriate anti-climbing device shall be required.

(3)

The permittee shall promptly replace or repair all fences or gates removed or damaged during all phases of the wind energy system's life.

(4)

An automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding is required.

(5)

Wind energy systems shall have lightning protection.

(6)

If guy wires are used to support the tower, these wires shall be clearly visible to a height of at least 6' above the guy wire anchors.

(7)

All access doors to wind turbine towers and electrical equipment shall be lockable.

(8)

A bird-friendly design to be approved by the Community Development Department is required in order to reduce the number of resting places near the turbine's rotors.

(9)

The minimum distance between a wind energy system and any property line or public utility pole shall be a distance equivalent to 1.1 times the total height.

(10)

All on-site electrical transmission lines connecting a wind energy system to a building or the public utility electricity distribution system shall be located underground.

(11)

Appropriate warning signage shall be placed on wind turbine towers and all electrical equipment.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-69. - Automatic teller machines (ATMs).

(a)

Principal use. If the primary purpose of a building is to house an ATM, the use is considered a bank, and the building is subject to all building codes and requirements of this chapter.

(b)

Indoor ATMs. An ATM that is accessed within a completely enclosed principal building is permitted in all districts with a use that is allowed in that district.

(c)

Requirements for outdoor ATMs. An ATM that is accessed outside a completely enclosed principal building is allowed only under the following conditions:

(1)

Use. An ATM is allowed with a special use permit, but only in districts where a bank is a permitted or special use. An ATM may be part of a drive-through facility that has a special use permit.

(2)

Appearance Commission. An ATM and any associated structures and signage are subject to the review and approval of the Appearance Commission.

(3)

Customer standing area. Each ATM shall have a minimum of a 3' by 3' customer standing area, centered in front of the face of the ATM.

(4)

Obstructions. An ATM, customer standing area, and any structure surrounding the ATM shall be interpreted as an obstruction with respect to sight distance triangles, required parking spaces, effective walkway widths, vehicle overhangs, or other requirements of this chapter.

(5)

Use of public right-of-way. No ATM or structure housing an ATM may be in a public right-of-way. The customer standing area may be in a public right-of-way with a permit from the Village.

(d)

Parking. An ATM is exempt from off-street parking requirements.

(Ord. No. 19-4-C-4451, § 1, 4-15-2019)

Sec. 118-70. - Electric vehicle charging stations.

(a)

Station location. In all districts, an electric vehicle charging station is permitted in any area where a vehicle may be parked.

(b)

Equipment location. The charging station equipment must not impede pedestrian, bicycle, or vehicular traffic or be located within the required area of the legal parking space, vehicle overhang, or associated circulation aisles as required by this chapter.

(c)

Accessory use. EV charging stations are permitted as an accessory use within any parking lot or structure in all zoning districts.

(d)

Requirements for public use. When the station is intended to be used by the public:

(1)

Equipment protection. Adequate protection of charging station equipment from vehicles must be provided, such as curbing, bollards, or wheel stops.

(2)

Signage. Any charging station that is intended to be used for multiple users must have signage indicating that parking is for electric vehicle charging only, a phone number or other contact information to report when the equipment is not functioning properly, and any time limits on use, tow away, or fine provisions.

(3)

Parking space identification. The parking space must be identified per the Electric Vehicle Charging Station Guidelines.

(4)

Accessibility. Electric vehicle charging parking space designs and site requirements for accessibility to and from parking spaces, facilities, buildings, and other elements must comply with the technical accessibility requirements of ADA (Americans with Disabilities Act) and ABA (Architectural Barriers Act) Accessibility Standards. The EV Charging Station design must comply with ADA and ABA requirements for operable parts and other accessibility standards. Parking space signage should indicate whether the space is for ADA parking only or whether the space can be used by non-ADA vehicles to park under conditions specified by the signage.

(5)

Principal use. If the primary purpose of the lot is the charging of vehicles, the use is considered an automotive fuel station for zoning purposes.

(6)

Authorized use. Authorized use of electric vehicle charging stations should be in accordance with the Illinois Vehicle Code (625 ILCS 5/11-1308).

(Ord. No. 19-4-C-4451, § 1, 4-15-2019; Ord. No. 23-9-C-4656, § 1, 9-18-2023)

Sec. 118-71. - Window trim lighting.

Rope lighting or window trim lights strung across window glass, is prohibited if visible from a public way.

(Ord. No. 22-8-C-4611, § 2, 8-1-2022)

Sec. 118-72. - Solar energy systems.

(a)

Roof-mounted solar energy system.

(1)

Defined as a solar energy system that is structurally mounted to the roof of a building or structure.

(2)

Permitted as an accessory structure within all zoning districts.

(3)

On a pitched roof (2/12 pitch or greater) the height shall be no more than 15 inches above the highest point of a building's roof or 15 inches above the existing allowable building height in the district, whichever is lower in height. On a flat roof (under 2/12 pitch), the height shall be no more than 10 feet above the highest point of a building's roof or 10 feet above the existing allowable building height in the district, whichever is lower in height.

(b)

Ground-mounted solar energy system.

(1)

Defined as a solar energy system that is structurally mounted to the ground and is not roof-mounted.

(2)

Permitted as an accessory structure within all zoning districts.

(3)

The structure height shall not exceed 8 feet in height.

(4)

The structure shall meet setback requirements for accessory structures as per Section 118-60 of this chapter.

(5)

The total area of all accessory structures shall not occupy more than 30% of the rear yard of residentially zoned properties.

(c)

Electrical transmission lines. All on-site electrical transmission lines connecting a solar energy system to a building or to the electrical distribution system shall be located underground or within the building.

(d)

Building permit required. A building permit is required for the construction or installation of a solar energy system.

(Ord. No. 22-8-C-4611, § 2, 8-1-2022; Ord. No. 23-7-C-4650, § 1, 7-17-2023)