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South Chicago Heights
City Zoning Code

CHAPTER 4

- GENERAL ZONING PROVISIONS

Part I. - Home occupation regulations.

1-101:

Purpose. This section is intended to allow as home occupations only those uses that conform with this section's standards. A home occupation is an accessory use located and conducted in such a manner that the average neighbor would not be aware of its existence. The home occupation standards are intended to ensure compatibility with surrounding permitted uses, promote and protect the residential character of the neighborhood, and maintain the subordinate and incidental status of the home occupation.

1-102:

Location. A home occupation shall be conducted completely within a dwelling unit or within a building or structure accessory to the dwelling unit.

1-103:

Standards. The following standards apply to home occupations:

A.

The dwelling unit in which the home occupation is located shall comply with the regulations of the zoning district in which it is located and all other village codes, ordinances, rules, and regulations, as amended.

B.

At least one employee of the home occupation shall reside at the residence where the home occupation is located.

C.

Home occupation activities shall be conducted entirely within the dwelling unit or within an accessory building or structure. Outdoor activities in furtherance of the home occupation including, but not limited to, the following activities, are prohibited on the premises on which the home occupation is located:

1.

Outdoor placement or storage of trucks in excess of 8,000 pounds of curb weight;

2.

Outdoor placement, storage, delivery, or distribution of goods or other equipment, excluding deliveries customarily associated with residential households, such as parcel or letter carriers;

3.

Conducting business activities outdoors;

4.

Outdoor assembly of persons on or adjacent to the lot on which the home occupation is located for the purpose of conducting or participating in the home occupation;

5.

Preparation of materials, equipment, goods, and other objects for off-site work;

6.

Parking on public streets or rights-of-way.

D.

The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes and shall not exceed 25 percent of the gross floor area of the dwelling unit and accessory buildings or structures on the premises on which the home occupation is located.

E.

The home occupation shall comply with the off-street parking regulations set forth in chapter 10.

F.

Home occupations that offer or include general retail, pet care, eating and drinking, funeral or undertaking services, and/or impose adverse external impacts on a neighborhood's residential character are prohibited.

G.

The community development director is authorized to evaluate and determine whether a proposed home occupation is consistent with this section.

1-104:

Permitted uses.

A.

Barbershops and beauty salons, limited to two operators.

B.

Babysitting services.

C.

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

D.

Offices of dental practitioners, medical practitioners, ministers, priests, rabbis, architects, brokers, engineers, insurance agents, lawyers, real estate agents, and offices for professions determined by the community development director to be consistent with the foregoing offices.

E.

Offices of salesman, sales representatives, or manufacturers' representatives, provided that no retail transactions shall be made on the premises except through telephone, mail, or electronic or wireless communication.

F.

Repair services, but not including retail sales.

G.

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

H.

Workrooms of dressmakers, seamstresses, and tailors.

Part II. - Accessory buildings and uses.

1-201:

Location. No accessory building or structure shall be erected or altered at, nor be moved to, a location within ten feet of the nearest wall of the principal building. Except as otherwise provided herein, no accessory building shall be erected, altered, or moved to a location within the required front yard, side yard, or corner side yard. In residential districts, an accessory building may be located in a rear or side yard if such accessory structure is at least five feet from any lot line.

1-202:

Height. All accessory buildings and structures shall comply with the height limitations of the zoning district in which the accessory building or structure is located, provided that no accessory building or structure shall exceed the height of the principal building or structure located on the lot. In residential districts, the height of accessory buildings or structures shall not exceed 15 feet, as measured from grade at the base of the structure to the highest point of the roof.

1-203:

Bulk. No accessory structure's footprint shall exceed the footprint of the principal structure.

1-204:

Percentage of required yard occupied. In residential districts, detached accessory structures shall not occupy more than 25 percent of a required rear or interior side yard or 480 square feet, whichever is greater.

1-205:

Time of construction. No accessory building or structure shall be constructed or established prior to the time of construction or establishment of the principal building to which it is accessory.

1-206:

Modular storage units. A "modular storage unit," meaning a prefabricated storage structure, is temporary by design. Modular storage units in residential zones shall not be considered an accessory building or structure under this chapter. Modular storage units in the B-1 or I zones may not exceed 11 feet in height and 200 square feet in area, and they must be located on at least four inches of compacted gravel and possess a rodent- and bug-proof floor.

1-207:

Not for dwelling. No accessory building or structure shall be used for living purposes, including sleeping overnight.

1-208:

Video gaming. Video gaming, as defined under the Illinois Video Gaming Act (230 ILCS 40/1, et seq.), shall be considered a principal use in video gaming cafes and an accessory use in all other establishments. Neither principal nor accessory video gaming use shall be allowed in the B-1 or I zoning districts without a special use permit. Video gaming is a prohibited use in all other zoning districts.

(Ord. No. 2022-ORD-17, § 3, 6-6-2022)

Part III. - Permitted obstructions in yards.

1-301:

All required yards shall be unobstructed from the ground level to the sky, except for the following:

A.

In all required yards, chimneys, eaves, cornices, air conditioners, steps, walkways, heating, and ventilation equipment, ornamental features, and bay windows may extend three feet into the required yard.

B.

Patios, decks, and porches may extend five feet into the required front yard or corner side yard and ten feet into the required rear yard.

C.

Accessory structures permitted to encroach into a required setback as set forth in section 1-201 of this chapter.

Part IV. - Outdoor sales and storage.

1-401:

Sales and storage permitted. The outside sale and storage of merchandise at retail shall be permitted only under the following terms, conditions, restrictions, and regulations in the B-1 and TCR zoning districts.

1-402:

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

A.

Pedestrian walkway means the paved area located solely on private property adjacent to the building used by patrons to walk to the entrance of the commercial establishments, excluding areas within the parking lot designed for vehicular travel or parking.

B.

Seasonal merchandise means items not normally sold throughout the year and that are typically displayed and sold only during the time of year for which they are appropriate or intended to be used.

1-403:

Timing. Outdoor sales and storage at retail shall be restricted to sales of seasonal merchandise during the time of year when such items are normally used.

1-404:

Location. All outdoor sales and storage of seasonal merchandise is restricted to private property, and no sales or storage shall be permitted on publicly owned property, including, without limitation, public sidewalks. Seasonal merchandise sold or stored on pedestrian walkways shall be located in such a manner to ensure that at least five feet of width of the pedestrian walkway is maintained unobstructed and free and clear at all times. Outdoor sales and storage shall not occur in any required off-street parking space.

Part V. - Temporary uses.

1-501:

Approval required. The temporary use of property in a manner that does not conform to this code's regulations requires village approval.

1-502:

Authority. The community development director may authorize the temporary use of a building, structure, or lot in any zoning district for a building, structure, or use of land that does not conform to this code's regulations, provided, however, that such use will not have an adverse impact on surrounding properties or threaten the public health, safety, and welfare. The community development director may only authorize a temporary use upon the concurrence of the village's other departments, including, without limitation, the administrative department, fire department, police department, and public works department. The community development director may impose any such conditions on his approval of the temporary use that he deems necessary to protect the public health, safety, and welfare.

1-503:

Term. The term of a temporary use approved by the community development director may not exceed six months. Upon expiration of the six-month term, the community development director may allow the temporary use to continue for up to one additional six-month period.

1-504:

Village board approval. Requests for temporary uses that exceed the timeframes set forth in section 1-503 of this chapter or otherwise fail to comply with the provisions of chapter 4, part V, require village board approval.

1-505:

Board approval criteria. The village board shall only approve a temporary use if it finds that such use will not harm the public health, safety, and welfare. The village board may impose any such conditions on its approval of a temporary use that it deems necessary to protect the public health, safety, and welfare.

Part VI. - Recreational vehicles and trailers.

1-601:

Applicability and definitions. These regulations apply to all trailers and recreational vehicles as defined below:

A.

Recreational vehicle means any camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper used primarily for recreational purposes, as defined by the Illinois Motor Vehicle Code; as well as similar vehicles, including, without limitation, all-terrain vehicles, boats, snowmobiles, and watercraft.

B.

Trailer means every vehicle without motive power in operation designed for carrying persons or property and so constructed that no part of its weight rests upon the towing vehicle, regardless of its primary use.

1-602:

Location of trailers and recreational vehicles. Storage and parking of trailers and recreational vehicles shall comply with the following:

A.

Only one trailer or recreational vehicle may be located outside a fully enclosed building or structure on any lot. A trailer or recreational vehicle located outside a fully enclosed building or structure shall be screened from lot lines with: i) a fence or wall measuring six feet in height; or ii) landscaping or at least 75 percent opacity and measuring at least six feet at the time of planting. This section 1-602.A does not apply to property zoned I, light industrial zoning district.

B.

Trailers and recreational vehicles may locate within a lot's rear yard or interior side yard setbacks. Except as provided in section 1-602.E, recreational vehicles are prohibited in the required front yard and corner side yard setbacks. Trailers are prohibited in the required front yard and corner side yard setback.

C.

Trailers and recreational vehicles shall not be located closer than five feet to any lot line.

D.

The wheels or any similar transporting devices of trailers or recreational vehicles shall not be removed except for repairs, nor shall any trailer or recreational vehicle be otherwise immobilized or affixed to the ground unless it is stored in a fully enclosed building or structure.

E.

Recreational vehicles may be parked on the driveway or on another surface approved by the village engineer within the required front yard or corner side yard setback, provided that:

(1)

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

(2)

The recreational vehicle shall not exceed 25 feet in length.

1-603:

Temporary storage and parking of trailers and recreational vehicles. A trailer or recreational vehicle may be temporarily parked or maintained on any lot no more than three times per month for no more than 48 hours per occurrence and only for loading and unloading purposes. A trailer or recreational vehicle temporarily parked or maintained in accordance with this section is exempt from the screening requirements set forth in section 1-602.A. This section 1-603 does not apply to property zoned I, light industrial zoning district.

1-604:

Not for dwelling. No trailer or recreational vehicle shall be used for living purposes, including sleeping overnight, while parked on any lot within the village.

(Ord. No. 2022-ORD-17, § 4, 6-6-2022)

Part VII. - Fences, screening, and refuse areas.

1-701:

General fence regulations.

A.

Applicability. All fences, walls, and similar screening improvements in any zoning district shall comply with the provisions of this section.

B.

Permits. A village building permit is required for the construction or alteration of any fence.

C.

Structural elements. All fences must be constructed so that fence posts, structural elements, and unfinished materials are located on the side of the fence facing the lot on which the fence is constructed.

D.

Electrified and barbed wire fences. Electrified and barbed wire fences are prohibited in all zoning districts.

E.

Screening of refuse disposal areas. All refuse disposal and grease storage containers shall be screened on four sides by a solid commercial grade fence or wall constructed of wood, masonry, or equivalent material, and measuring six feet in height. The enclosure shall be used strictly to confine refuse and grease containers and shall not be used to store any other materials or equipment. Doors accessing the refuse disposal area shall be situated, to the greatest extent possible, facing away from adjacent lots, sidewalks, or streets. Single-family detached dwellings and other residential units utilizing curbside refuse service are exempt from this section's screening requirements.

1-702:

Fences in residential zoning districts. Fences located on residentially zoned lots must comply with the following:

A.

Fences measuring up to three feet in height may be constructed in any required corner side yard setback.

B.

Fences measuring up to six feet in height may be constructed in any required rear yard setback or interior side yard setback.

C.

No fence shall exceed six feet in height on any residentially zoned property.

D.

No fence shall be constructed in any required front yard setback.

1-703:

Fences in business zoning districts. Fences located on business-zoned lots must comply with the following:

A.

Fences measuring up to three feet in height may be constructed in any required front yard setback or corner side yard setback.

B.

Fences measuring up to eight feet in height may be constructed in any required rear yard setback or interior side yard setback.

C.

No fence shall exceed eight feet in height on any business-zoned property.

1-704:

Fences in industrial zoning districts. Fences located on industrially zoned lots must comply with the following:

A.

Fences measuring up to three feet in height may be constructed in any required front yard setback or corner side yard setback.

B.

Fences measuring up to ten feet in height may be constructed in any required rear yard setback or interior side yard setback.

C.

No fence shall exceed ten feet in height on any industrially zoned property.

Part VIII. - Automobile dealers.

1-801:

The sale of new or used automobiles in the village shall comply with the following conditions:

A.

No vehicles shall be parked on public right-of-way.

B.

Concrete vehicle bumpers or a comparable barrier approved by the community development director shall be placed at least three feet from any lot line adjacent to public right-of-way.

C.

Parking spaces for vehicle display shall measure at least eight feet by 18 feet.

D.

Vehicles on display may be parked in tandem, although no row of tandem parked vehicles may contain more than two vehicles.

E.

At all times, at least three feet of unobstructed space must surround the front and rear of each vehicle on display.

F.

Only pole lighting of a height and intensity approved by the community development director is allowed. Temporary lighting, including, without limitation, string lighting, is prohibited.

G.

Inoperable vehicles may not be stored on the premises.

H.

Outdoor vehicle repair and service is prohibited.

I.

Outdoor storage of parts and equipment, including, without limitation, tires, is prohibited.

J.

An uninterrupted drive aisle measuring at least 20 feet in width shall be provided and maintained throughout the premises to allow emergency vehicle access.

Part IX. - Adult uses.

1-901:

Definitions. The following definitions apply throughout this section:

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult entertainment means any exhibition of adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.

Adult entertainment cabaret means a public or private establishment which features topless or nude dancers and/or waitresses, strippers, male or female impersonators and/or similar entertainers.

Adult entertainment center means an enclosed building with the capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult gift shop means an establishment having as a substantial or significant portion of its stock in trade pictures, photographs, drawings, diagrams, paraphernalia, apparatus or other objects which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted for the sale or display of such material.

Adult movie theater means an enclosed building with a capacity of 50 persons or more used primarily for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult use means an establishment that provides goods or services characterized as sexual or adult in nature, including adult bookstores, adult entertainment cabarets, adult entertainment centers, adult gift shops, and adult movie theaters.

Specified anatomical areas means:

A.

Less than completely and opaquely covered human genitals, pubic region, the female breast below a point immediately above the areola to a point immediately below the areola, said opaque cover covering the entire areola.

B.

The display of the human male genitals in a discernibly turgid state, real or simulated, even if completely and opaquely covered.

Specified sexual activities means actual or simulated human genitals in a state of sexual stimulation or arousal; acts or simulated acts of human masturbation, sexual intercourse or sodomy; acts or simulated acts of oral sexual conduct; fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or excretory functions as part of or in connection with any activities set forth in this definition.

1-902:

Special use permit required. A special use permit is required to establish or operate an adult use in the village.

1-903:

Special use permit application. The special use application shall be made on forms provided by the village and describe with specificity the exact nature of the proposed adult use. Expansions or changes to any special use shall be processed in accordance with this code's procedures for a new special use permit.

1-904:

Special use restrictions and requirements. In addition to this code's special use requirements and procedures, the following restrictions and requirements also apply to an applicant for an adult use. No special use shall be approved for an adult use that:

A.

Is located within 500 feet of any existing school; church; day care center; cemetery, mortuary, or undertaking establishment; home for the aged or indigent persons, veterans, or their spouses or children; establishments licensed to sell alcoholic liquor; township, municipal, or other governmental facility; park; forest preserve; recreation facility; teen or youth center; or residence;

B.

Sells, serves, and/or allows the consumption of alcoholic liquor;

D.

Is located within 1,000 feet of another adult use;

E.

Is located within 200 feet of the centerline of Sauk Trail or is located within 200 feet of the centerline of Chicago Road;

D.

Has more than one outdoor sign advertising its existence or location;

E.

Has an outdoor sign exceeding ten feet in length or three feet in width;

F.

Displays the stock in trade of adult entertainment establishments to the public view from outside the establishment, including graphics, decorations, displays, pictorial depictions, photographs, silhouettes, flashing lights, or drawings of materials and services offered;

G.

Fails to post a notice at the door that entry by persons under age 21 is forbidden;

H.

Paints the exterior of the premises any color other than a single achromatic color;

I.

Is located on a lot zoned anything other than I, light industrial zoning district; or

K.

Maintains less than a five-foot buffer zone between any and all topless or nude dancers, strippers, male or female impersonators, or other similar live entertainers, and the nearest customer.

For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the lot line of the lot containing the adult use to the lot line of the lot containing the nearest adult use; school; church; day care center; cemetery, mortuary, or undertaking establishment; home for the aged or indigent persons, veterans, or their spouses or children; establishments licensed to sell alcoholic liquor; township, municipal, or other governmental facility; park; forest preserve; recreation facility; teen or youth center; or residence.

1-905:

Registration. The owner of the lot on which an adult use is located and the adult use's agent shall complete and submit to the village clerk, on a form provided by the village clerk, a registration form containing the following information:

A.

Owner's and agent's full legal names;

B.

Telephone numbers for use during and after business hours;

C.

Proof of age indicating that the applicant is over 21 years of age;

D.

Address of adult use;

E.

Description of all goods, services, and activities offered and/or associated with the adult use; and

F.

Executed affidavit stating that the adult use does and will comply with all village codes, rules and regulations, including, without limitation, codes, rules, and regulations concerning health, safety, and inspection, and acknowledgement that failure to do so may result in the village revoking the adult use's special use approval.

The owner of the lot and adult use's agent shall immediately submit to the village clerk a revised registration form if the information identified above changes in any way.

1-906:

Prohibited acts and penalties.

A.

It shall be deemed a violation of this chapter to do any of following:

1.

Violate any provisions of this section;

2.

Engage in or permit the occurrence of human masturbation, sexual intercourse, oral sex, sodomy, or other contact stimulation of the genitalia or engage in or permit the occurrence of any act constituting the offense of obscenity under the Illinois Criminal Code on property subject to the special use;

3.

Allow, permit, or authorize the physical contact between any employee, entertainer, or agent of the establishment and a customer; or

4.

Violate any terms and conditions contained in the adult use's special use ordinance.

B.

Any person found guilty of violating any of the provisions of this section shall be fined not less than $100.00 nor more than $750.00 per violation, and each day a violation exists shall constitute a separate offense. Nothing in this section shall prohibit the village or any person or entity from pursuing any other claims at law or in equity against any entity or person that violates this section or any village ordinance, rule, or regulation, including, without limitation revocation of an adult use's special use approval.

1-907:

Responsibility of registered party. Every act or omission constituting a violation of the village Code by any owner, operator, employee of an operator, entertainer, agent, customer, or patron of an adult use shall be deemed to be an act or omission of the person(s) registered pursuant to section 1-905, and such person(s) shall be liable under the terms of section 1-906.

1-908:

Hours of operation. Adult uses that include adult entertainment may remain open between the hours of noon and midnight. It is unlawful for an adult use that offers adult entertainment to remain open for business, to admit the public, or permit patrons to remain on the premises other than between the hours of noon and midnight, except that employees performing cleaning or maintenance activities necessary for the premises' operation may be present on site at other times.

1-909:

Survival. If any part, subsection or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the remaining section, subsection and clauses shall not be affected thereby.

Part X. - Building height limitations.

1-1001:

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

1-1002:

Exceptions. Roof structures for the housing of stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, of structures deemed to be similar by the community development director may be erected above the height limitations imposed by this title. No such structure may be erected to exceed by more than 25 feet the height limits of the zoning district in which it is located.

Part XI. - Buildings on a lot.

1-1101:

Every building hereafter erected or structurally altered to provide one or more dwelling units shall be located on a lot herein defined and in no case shall there be more than one such building on a lot unless otherwise provided in this title.

1-1102:

Every building shall face upon a public street or a permanent easement of access to a public street.

Part XII. - Uses.

1-1201:

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:

A.

Uses lawfully established on the effective date hereof in accordance with the provisions of chapter 10 of this title.

B.

Special uses allowed in accordance with the provisions of chapter 3 of this code.

1-1202:

Special. Special 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 chapter 3.

Part XIII. - Area and lot width.

1-1301:

Minimum area. Every lot created subsequent to the effective date hereof, or any amendment hereto, shall meet the minimum area requirements of the zoning district within which it is located.

1-1302:

Minimum lot width. Every lot created subsequent to the effective date hereof, or any amendment hereto, shall meet the minimum lot width requirements of the zoning district within which it is located.

Part XIV. - Yard requirements.

1-1401:

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.

1-1402:

Required yards for existing buildings. No yards, now or hereafter provided, for a building, structure or use existing on the effective date hereof, or any amendment hereto, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction.

Part XV. - Truck-related uses.

1-1501:

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

A.

Industrial outdoor storage (IOS). The storage on no less than one acre of land of truck-trailers, cargo/shipping/freight containers, and any other enclosed containers intended to be used primarily for shipping goods or materials on highways, rail lines, or waterways. The storage of construction equipment is also allowed. Also referred to as shipping containers or freight containers. This definition does not include temporary storage containers or modular storage units that are permitted in residential and commercial districts. All storage of products, materials, and other goods must occur within sealed, secured, and enclosed containers. If construction materials are too large to be contained in an enclosed container, they shall be secured and covered.

B.

Freight terminal. A use in which freight shipped by air, truck, boat, or rail is received and distributed for intrastate or interstate commerce, where storage of cargo is incidental to the primary function of freight shipment, temporary storage of truck-trailers and shipping containers and temporary parking of trucks is permitted, and where minor maintenance and repair of those vehicles is performed.

C.

Truck rental and truck sales. These uses shall include the rental or sale of trucks, truck-trailers, tractors, and industrial and commercial vehicles.

D.

Truck parking area or yard. Any land used or intended to be used principally for the storage or parking of trucks, truck-trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceeds one and one-half tons in capacity. A truck parking area or yard shall include the meaning customarily assigned to cartage facilities and/or truck dispatch yards.

E.

Truck repair facility. A building or area used for the indoor repair of, rebuilding of trucks, tractors, truck-trailers and industrial and commercial vehicles, in excess of one and one-half tons capacity, or their bodies. Any area used or intended to be used for the storage or parking of trucks, tractors, trailers and industrial and commercial vehicles in excess of one and one-half capacity not serving a principal use otherwise authorized in the respective zoning district shall be considered a truck parking area or yard.

1-1502:

Regulations. The use of any zoning lot for a truck-related purpose, including, but not limited to, those uses defined in this section, shall comply with the following conditions:

A.

Inoperable trucks and other vehicles may not be stored on the premises.

B.

All lots shall be screened from view by a 100-percent opaque fence or wall measuring no less than six feet. Notwithstanding any other fence height restrictions, any lot upon which a conditional use has been granted for industrial outdoor storage shall be screened from view by a 100-percent opaque fence or wall measuring no less than eight feet.

C.

The sale of trucks, tractors, truck-trailers, industrial, or commercial vehicles is not permitted in any zoning district without a special use.

D.

An uninterrupted drive aisle measuring at least 20 feet in width shall be provided and maintained through the premises to allow emergency vehicle access.

E.

Only pole lighting of a height and intensity approved by the community development director is allowed. Temporary lighting, including, without limitation, string lighting, is prohibited.

F.

Outdoor vehicle repair and service is prohibited.

G.

Outdoor storage of parts and equipment, including—without limitation—tires, is prohibited.

H.

Any property used for truck storage, including freight terminals and industrial outdoor storage, shall be paved. Paving may include the use of reclaimed asphalt pavement (RAP).

I.

Semi-trailers and other similar vehicles may not be used as temporary storage facilities unless associated with a freight terminal and/or industrial outdoor storage yard. All such vehicles shall remain operable and licensed during the time they remain on the property.

1-1503:

Industrial outdoor storage. The use of any zoning lot for industrial outdoor storage, contingent upon the grant of a conditional use and the approval of a site plan, shall comply with the following conditions:

A.

The storage of cargo containers and trailers shall have a minimum setback distance of 50 feet, a minimum side setback distance of 30 feet, and a minimum rear setback distance of 20 feet from the property lines;

B.

Screening in the form of a berm with a minimum height of six feet and fencing (100-percent opaque) with a minimum height of eight feet shall be used and continuously maintained on the property; and

C.

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

(Ord. No. 2023-ORD-3, § 5, 1-3-2023)

Part XVI. - Drive-through facilities.

1-1601:

Use standards: The use of any zoning lot for a drive-through facility, contingent upon the grant of a conditional use and the approval of a site plan, shall comply with the following conditions:

A.

Vehicular stacking:

1.

Space requirements. Each drive-through facility shall provide a minimum of two stacking spaces per bay. Drive-through facilities associated with a restaurant use shall provide a minimum of four stacking spaces per bay, plus one space per waiting area provided.

2.

Dimensions. All stacking spaces shall have a minimum width of nine feet, as measured from the outermost point of any service window to the edge of the drive-through lane, and a minimum length of 18 feet.

3.

Location. Stacking spaces shall be located behind the vehicle parked at the last point of service, such as a drive-through window or car wash bay, and shall be placed in a line within the drive-through lane. Stacking spaces shall be located so that they do not obstruct ingress or egress to the site or to required parking and loading spaces.

4.

Bailout lane. Drive-through lanes shall include a bailout lane, which shall run parallel to the drive-through lane, have a minimum width of ten feet, and provide unobstructed exit capability to all vehicles that have entered the drive-through lane. A drive aisle may also serve as the bailout lane provided it meets the requirements of this section.

B.

All drive-through lanes shall be configured so as not to interfere with vehicle circulation on the site.

C.

The volume on all intercom menu displays shall be maintained at a level so as not to create a public nuisance for adjoining residential districts.

D.

The operator shall provide adequate on-site outdoor waste receptacles and shall provide daily litter cleanup along the rights-of-way abutting the property.

(Ord. No. 2023-ORD-31, § 3, 8-21-2023)

Part XVII. - Daycares and preschools.

1-1701:

Use standards: The use of any zoning lot for a daycare or preschool, contingent upon the grant of a conditional use and the approval of a site plan, shall comply with the following conditions:

A.

All daycares and preschools shall meet and comply with all applicable state licensing requirements, as well as village building and fire code regulations.

B.

No daycare or preschool shall be located within 1,000 feet of any establishment licensed to sell or serve alcoholic liquor as provided in chapter 6.

C.

The following standards shall be met to reduce the impact of associated traffic:

1.

No daycare or preschool shall be located closer than 750 feet from an existing daycare or preschool. In determining such proximity, the distance shall be not less than 750 feet from property line to property line, or, in the alternative, not less than 750 feet from point of ingress/egress to point of ingress/egress.

2.

Child drop-offs may not occur on-street. Daycares and preschools must provide sufficient off-street space for vehicles to drop-off children so as to not interfere with any street or alley traffic.

3.

Daycare and preschool lots must provide separate ingress and egress to control the flow of traffic, or otherwise provide sufficient space for dropping-off vehicles to turn around without reversing.

4.

All child drop-offs must occur on the same zoning lot where the daycare or preschool is located.

(Ord. No. 2023-ORD-31, § 4, 8-21-2023)