A.   Establishment Of New Uses: The use of a structure or lot established after the effective date hereof shall be for a use which is herein specified as a permitted, special, or accessory use under the district regulations applicable to the district in which such structure or lot is located.

   B.   Existing Building Permits: Where a building permit for a structure has been issued in accordance with law prior to the effective date hereof, and where construction has commenced within six (6) months of such effective date and is completed within two (2) years of such effective date, the structure may be completed in accordance with the approved plans; and further, may upon completion be occupied under a certificate of occupancy for the use originally designated subject thereafter to the provisions of nonconformities.

   C.   Existing Uses:

      1.   Where the use of a structure or lot existing at the time of the adoption of this title is rendered nonconforming under the provisions of this title, the provisions of nonconformities shall apply to such use.

      2.   Where a structure and the use thereof of a lot lawfully exists on the effective date hereof, and is classified by this title as a special use in the district in which it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth shall be required for any expansion or change of such existing legal structure or special use.

   D.   Existing Unlawful Use: Any unlawful use existing at the time of the adoption of this title which is also in conflict with the requirements of this title shall remain unlawful hereunder.

   E.   Number Of Buildings And Uses On Zoning Lot:

      1.   Buildings: Not more than one principal detached building shall be located on any zoning lot, except in the case of planned unit developments.

      2.   Uses: Not more than one principal use shall be permitted on a zoning lot unless otherwise provided for in this title.

   F.   Open Use: Where a lot is to be utilized for a permitted use without structures, the required yards for such lot shall be provided and maintained as set forth in this title.

   G.   Uses Not Specifically Permitted In Districts: When a use is not specifically listed as a permitted, special, or temporary use, such use is hereby expressly prohibited unless by application and authorization as provided for in this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   New Building Or Structure: Each new building or structure shall conform with the bulk regulations established herein for the district in which such building or structure is located.

   B.   Existing Building Or Structure: No existing building or structure shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this title for the district in which such building or structure is located.

   C.   Previously Approved Lots Of Record: All previously approved lots of record may be improved subject to the requirements of this title.

   D.   Building Height: No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the maximum building height of the zoning district in which it is located except for:

            BUILDING APPURTENANCES AND

            ATTACHED ACCESSORY STRUCTURES

 

 

(Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Continued Conformity With Yard Regulations: The maintenance of yards, other open spaces and minimum lot area legally required for a building within a zoning district shall be a continuing obligation upon the owner of such building or property. Furthermore, no legally required yard, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other space or minimum lot area requirements for any other building.

   B.   Division Of Zoning Lot: No zoning lot shall be hereafter divided into two (2) or more zoning lots unless all zoning lots resulting from such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. If a lot is built upon under one building permit, then divided, it can only be so divided if each newly created lot, or portion of the original lot, is platted as a lot of record and conforms to the subdivision regulations of the village (title 10 of this code).

   C.   Location Of Required Yards And Open Space: All yards and other open spaces allocated to a structure or use shall be located on the same zoning lot as such structure or use, except as otherwise provided in this title.

   D.   Determination Of Yards In Particular Cases:

      1.   Established Setbacks: Where lots comprising forty percent (40%) or more of the frontage on a block are developed with buildings having front yards of greater depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

      2.   Corner Lots: On corner lots, the front yard shall be deemed to be the side with the shortest street dimension of the lot.

      3.   Through Lot:

         a.   On through lots the front lot line shall be determined by the community development director. However, when a front lot line has been established along the same street right of way line, the right of way line shall be the front lot line on all remaining through lots in that block.

         b.   On through lots, all front yard requirements shall apply to the required rear yard unless such rear yard is properly screened by a screening fence or landscaped screening at least five feet (5') in height.

      4.   Setbacks Along Streets And Thoroughfares:

         a.   Existing Structures: Minimum setbacks for existing structures on lots abutting a street or thoroughfare shall be the distance required for a front yard, or corner side yard, in the district in which such lots are located, measured from the existing right of way line of the street or thoroughfare.

         b.   New Structures: Minimum setbacks for new structures on lots abutting a street or thoroughfare shall be the distance required for a front yard, or corner side yard, in the districts in which such lots are located, measured from the existing right of way line as designated on the official map of the village, or as duly established by other ordinances and recorded or established setbacks of the village, or as established by the community development director, or as established by county or state highway authorities, whichever has the greatest right of way requirements.

      5.   Setbacks Along Arterial Roads: Zoning lot setbacks, in all residential zoning districts located along principal arterial roads, shall be twice the distance of the required yard.

   E.   Permitted Obstructions In Required Yards: Required yards shall be unobstructed from the ground level to the sky except for the following permitted obstructions when located in the required yard specified and in conformance with the sight line regulations of the village:

      1.   In all yards:

         a.   Awnings and canopies, projecting four feet (4') or less into the yard;

         b.   Steps or ramps not over four feet (4') wide, by four feet (4') in depth, which are necessary for access to a permitted building or for access to a zoning lot from a street; unless existing ramps or stairs exceed four feet (4') in width, then a maximum of six feet (6') in width may be allowed (see diagram 1 of this section). Roofed over decks and porches may extend to a depth of no more than six feet (6'), provided that the front yard setback is a minimum of nineteen feet (19') (see diagrams 2 and 3 of this section). The maximum height of the porch floor, above grade, shall be four feet (4'). All porches shall match the architectural elevation of the principal structure, and be approved by the community development director. Exception: approved accessible ramps and platforms;

         c.   Chimneys, projecting twenty four inches (24") or less into the yard, except that in side yards a minimum building separation distance of twelve feet (12') must be maintained;

         d.   Flagpoles;

         e.   Window unit air conditioners, projecting not more than eighteen inches (18") into the yard;

         f.   Fences and walls, subject to the applicable restrictions;

         g.   Signs, subject to the applicable restriction of chapter 10 of this title;

         h.   Ornamental light standards;

         i.   Trees, shrubbery and other planting; and

         j.   Temporary uses and structures subject to chapter 12 of this title.

      2.   In front yards:

         a.   One-story bay windows, projecting three feet (3') or less into the yard;

         b.   Overhanging eaves and gutters, projecting three feet (3') or less into the yard.

      3.   In side yards:

         a.   Overhanging eaves and gutters, projecting eighteen inches (18") or less into the yard;

         b.   Parking of recreational vehicles, subject to the applicable restrictions of section 11-4-5-3 of this chapter.

      4.   In rear yards:

         a.   One-story bay windows, projecting three feet (3') or less into the yard;

         b.   Overhanging eaves and gutters, projecting three feet (3') or less into the yard;

         c.   Permitted accessory structures, subject to the applicable restrictions of section 11-4-4 of this chapter;

         d.   Attached heating and cooling compressor units projecting not more than four feet (4') into the yard;

         e.   Open terraces and decks with railings which are a minimum of fifty percent (50%) open, not over four feet (4') above the average level of the adjoining ground, but not including a permanently roofed over terrace or porch.

   F.   Exclusion Of Drainage District Easements: Where a lot is subject to an easement to a drainage district for maintenance or improvement of a ditch or waterway for surface water drainage, the area subject to such easement shall not be considered in meeting the requirements of this title for minimum lot area, maximum lot coverage, and minimum yards.

   G.   Exclusive Of Easements For Private Road Right Of Way: Where a lot is subject to an easement for a private road right of way, the area subject to such easement shall not be considered in meeting the requirements of this title for minimum lot area, maximum lot coverage and minimum yards. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Standards: Accessory uses are permitted in any zoning district in connection with any use which is permitted within such district. An accessory use is a building, structure, or use, which:

      1.   Is customarily incidental and subordinate to and serves a principal use;

      2.   Is subordinate in area, extent, and purpose to the principal building or principal use served;

      3.   Contributes to the comfort, convenience, or necessity of occupants in the principal building or principal use served; and

      4.   Is located on the same zoning lot as the principal building or principal use served.

   B.   Time Of Establishment: An accessory use shall not be established on any lot prior to the establishment of the principal use to which it is accessory.

   C.   Attached Accessory Structures: An attached accessory structure shall comply with all district regulations applicable to the principal structure. Attached accessory structures shall be a minimum of five feet (5') from any lot lines or any detached structures. The maximum height of any deck floor shall not exceed twelve feet (12'). A satellite dish, over three feet (3') in diameter, may not be mounted on a roof in any residential district. Satellite dish installations must meet the requirements for a detached accessory structure.

   D.   Detached Accessory Structures:

      1.   Restrictions:

         a.   Shall not be located in the required front, side, corner side or overlapping corner side/rear yards;

         b.   Shall not occupy more than thirty percent (30%) of the required rear yards;

         c.   Shall be at least ten feet (10') from the principal structure; except where an accessory building or structure and a principal building are of fire resistive type construction, and approved by the director of community development, an accessory building or structure may be located nearer than ten feet (10') but in no instance shall be closer than three feet (3') from the principal structure;

         d.   Shall not exceed the height of the principal building or structure, provided however, that in no case shall such accessory structure or building exceed seventeen feet (17') in height, other than an accessory antenna, which shall not exceed sixty feet (60') in height, or an exterior shed, which shall not exceed twelve feet (12') in height. Measurements shall be made from the grade immediately adjacent to the accessory structure;

         e.   Shall be located a minimum of five feet (5') from any lot lines and/or any other structure and shall not be located on any easement;

         f.   Shall not be located in required rear yard in the C and I districts. If any property line in a C or I district abuts a residential district, an accessory structure shall not be located within twenty five feet (25') of said property line.

      2.   Appurtenant Equipment: All heating, ventilation and air conditioning equipment, energy collecting devices, satellite dishes and other mechanical equipment (except isolated, nonobtrusive stacks and vents) shall be limited to one of any such device per zoning lot.

      3.   Garages: No more than one garage shall be permitted per zoning lot nor shall any detached garages exceed six hundred (600) square feet. If an attached garage is converted to living area, a detached garage must be provided in conformance with subsection 11-9-3-5A of this title and any driveway access toward the former attached garage shall be removed.

      4.   Sheds: No more than one shed shall be permitted per zoning lot nor shall any detached shed exceed one hundred seventy five (175) square feet.

      5.   Swimming Pools: No more than one swimming pool, excluding hot tubs or spas, shall be permitted per zoning lot.

      6.   Vending Machines: Sales or display of merchandise sold or offered for sale through vending machines provided such machines do not occupy an aggregate ground area of more than sixteen (16) square feet.

   7.   Electric Vehicle Charging Stations: Shall be installed and operated in conformance with subsection 11-9-3-6 of this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2025-7, 4-17-2025)

There are permitted in all residential districts, home occupations which are businesses or occupations of a type which will be compatible with the character of the residential districts and which will comply with the following standards, as well as with all other regulations of the village:

   A.   The home occupation shall be incidental and secondary to the use of the dwelling, for dwelling purposes, and shall not occupy more than twenty percent (20%) of the total floor area of the residence. The area of all accessory structures used in the performance of the home occupation shall be included in the total floor area calculations;

   B.   There shall be no signs, display, or activity that will indicate from the exterior that the building is being used in part, for any purpose other than that of a dwelling;

   C.   The home occupation and all related activity, including storage, shall be conducted completely within the dwelling unit or permitted accessory structures;

   D.   There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail services;

   E.   There shall be no special structural alterations, or construction features, to the dwelling or permitted accessory structures, nor the installation of special equipment attached to walls, floors, or ceilings;

   F.   The home occupation and any related activity shall not create any traffic hazards or nuisances in the public streets and all vehicle parking generated by such operations shall be located on the property; and shall conform to the requirements of commercial vehicle parking in the residential zoning district, in which the home is located, and chapter 9 of this title;

   G.   There shall be no perceptible noise, odor, smoke, electrical interference or vibration emanating from the structure in which the home occupation is located; and

   H.   No more than two (2) employees shall be permitted.

   I.   Home occupations which are not permitted include, but are not limited to, the following:

      Ambulance service.

      Animal grooming, care, kenneling or treatment.

      Beauty parlors.

      Boarding houses.

      Dance schools in excess of two (2) pupils at any given time.

      Firearms sales - wholesale, retail or office use.

      Food product preparation or distribution, except as authorized by the Illinois Food Handling Regulation Enforcement Act.

      Food product sales - retail or wholesale, except as authorized by the Illinois Food Handling Regulation Enforcement Act.

      Healthcare facilities.

      Hotels.

      Laboratories.

      Landscape contractors.

      Limousine service.

      Motels.

      Motor vehicle repair and maintenance.

      Palm, psychic or tarot readings; any fortune telling services.

      Restaurants, catering establishments of all types.

      Taxicab service.

      Use of toxic materials - as defined in BOCA and NFPA.

      Vocational schools.

      Exception: Landscape contractor's office, when proof is presented and approved indicating that storage of materials and equipment is off site.

   J.   Garage sales and home sales shall not be considered home occupations, but shall be regulated as temporary uses. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; Ord. 2022-10, 5-5-2022)

The development of air rights above land utilized for expressways, highways, railroads, streets, and drainage channels shall be in accordance with chapter 8, "Planned Unit Developments", of this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Standards:

      1.   Parked or stored recreational vehicles or boats shall not be used for living, sleeping, or housekeeping purposes. Exceptions to this standard may only be granted pursuant to the conditions set forth in subsection B2 of this section.

      2.   No recreational vehicle shall be connected to gas, water or sanitary sewer service. Temporary electrical hookup may be permitted.

      3.   Recreational vehicles shall not be used as accessory structures in any district.

      4.   Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle.

      5.   Recreational vehicles shall not be parked or stored in such a way as to create a dangerous or unsafe condition.

      6.   No major repair shall be performed on any recreational vehicle except within a garage or an accessory, fully enclosed structure.

   B.   Parking And Storage Restrictions:

      1.   No more than one recreational vehicle, as permitted herein, conforming to the size restriction may be parked or stored in the open on a lot in a residential district on an approved surface in front of a house in the required front yard, the interior side or rear yard. On corner lots, the vehicle shall also be located behind the required setback line for any side yard facing a street, and at least three feet (3') from the sidewalk or an easement dedicated to pedestrian or bicycle movement; or if no sidewalk, two feet (2') from the property line. The recreational vehicle shall not block or extend over the public sidewalk.

         a.   The recreational vehicle shall be operational and moved from its location a minimum of one time during the recreational vehicle season. If the village believes that the vehicle has not been operational during the season the owner may be requested to demonstrate that the vehicle is operational or provide written proof in a form acceptable to the village that the vehicle is operational.

      2.   Residents who have visitors from out of town shall obtain a special permit from the Streamwood community development department allowing them to temporarily park a recreational vehicle, boat or trailer on the approved surface of a residential lot for a temporary occupancy period of one week. Such permit shall be displayed in the window of the recreational vehicle. Hookup and use of cooking and sanitary facilities is not permitted. Temporary electrical hookup may be permitted. No permit shall be issued under this section more than three (3) times per year for any individual zoning lot. Said permits shall be separated by at least five (5) days from the expiration of one permit to the issuance of the next permit.

   C.   Size Restrictions:

      1.   In all residential districts, the maximum size of any recreational vehicle shall not exceed thirteen feet zero inches (13'0") in height or exceed thirty five feet (35') in length, open trailers not stored within a structure shall be a maximum of sixteen feet (16') long and have no ancillary racks.

      2.   Any recreational vehicle which is greater than eight feet (8') in height shall be parked or stored only behind the front of the principal structure and shall be five feet (5') from the rear lot line, and three feet (3') from the side lot line. On corner lots, the vehicle shall also be located behind the required setback line for any yard facing a street.

   D.   Administration:

      1.   Permit Required: A permit shall be obtained from the community development director for:

         a.   New required surface for access and/or parking of a recreational vehicle or vehicles anywhere on the property.

         b.   Recreational vehicle used for out of town visitors.

      2.   Application And Fees: Applications for recreational vehicle parking required by subsection D1 of this section shall be submitted to the community development director and shall be accompanied by payment of the required fees, established by the village board and such scaled drawings and other information as the director may require. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Except as otherwise provided herein, under temporary uses, tents shall not be erected, used, or maintained on a lot, except such tents as are customarily used for recreational purposes. Such recreational tents shall be located on the same lot as a dwelling and shall not be allowed within the required front or side yard. All uses of tents, other than recreational, shall be regulated as temporary uses. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Refuse: The open storage of refuse, scrap, or building debris is prohibited in all zoning districts. All such material shall be kept in enclosed containers while awaiting removal and stored as follows:

      1.   In residential districts: All containers shall be in conformance with this code's restrictions on refuse removal and shall be kept to the rear or side of the principal structure or within a garage or accessory structure, except at those times designated for removal.

      2.   In nonresidential districts:

         a.   Location: All containers shall be in conformance with this code's restrictions pertaining to refuse removal. Such containers shall be stored in a neat and orderly fashion and properly secured so as not to interfere with or be hazardous to pedestrian or vehicular traffic.

         b.   Screening: All refuse containers shall be fully enclosed by a screening fence or densely landscaped screening of a height sufficient to screen such containers from view from adjoining properties and public or private ways.

   B.   Building Materials: The storage of building materials and equipment shall be allowed only on a lot where a building permit has been lawfully issued by the community development director. Such materials and equipment shall be stored in a neat and orderly fashion, and shall be removed as soon as they are no longer required for the permitted construction.

   C.   Disabled Motor Vehicles:

      1.   In Residential Districts: Disabled or damaged motor vehicles may be stored in the open within a required front yard in a residential district for a period not to exceed seven (7) days. Major repairs shall not be made on such vehicles except within a garage or accessory structure.

      2.   In Nonresidential Districts: Disabled or damaged motor vehicles awaiting or under repair may be stored in the open in a nonresidential district only on a lot where such storage and repair is customary in the operation of a lawfully established principal use. Such vehicles shall be removed or placed within an enclosed structure within thirty (30) days. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

This section is intended to regulate the construction, placement and maintenance of fences and screenings as required or allowed in this title. Fences or screenings will be allowed as permitted or special uses which are not detrimental to the health, safety, or welfare of the village, and in addition, do not diminish the right of citizens to sufficient air and light and safety of travel and access throughout the village. Fences or screenings will be required that are deemed necessary to ensure the rightful enjoyment of all properties, to protect property values, to ensure the safety of the public rights of way and to protect the public from dangerous or potentially dangerous uses.

   A.   General Regulations:

      1.   Fences In Right Of Way: No fence shall be erected or maintained in any public right of way except those fences erected for the purpose of ensuring the public safety by a public body having proper authority.

      2.   Barbed Wire And Electrically Charged Fences: The use of barbed wire or electrically charged fences is prohibited on all land used for residential purposes. The use of barbed wire or electrically charged fences may be approved as a special use on land used for other than residential purposes, but then only above a height of seven feet (7').

      3.   Maintenance Of Fences And Screening: Any fences or landscaped screening used to satisfy the requirements of this section or required as a condition of approval for a special use permit shall be continually maintained for the duration of the use involved.

      4.   Line Of Sight Obstruction: In no event shall any wall, fence, or other structure or planting be placed or maintained in a location relative to a public or private street, alley, driveway or other means of ingress or egress such that the sight of oncoming vehicular or pedestrian traffic is impaired for users of such means of ingress and egress in accordance with regulations contained in this code.

      5.   Minimum Distance Between Fences: Where a lawful existing fence exists on a common lot line there shall be a minimum of three feet (3') between adjoining solid or open fences.

      6.   Construction Side In: The construction side of the fence must face in toward the permit holder's lot.

   B.   Fence Permit Required: Anyone wishing to erect a fence within the village shall obtain a building permit from the community development department.

   C.   Height Regulations:

      1.   Front Yard Fences: No fence shall be erected or maintained in a front yard of any lot adjoining a public street in any district.

      2.   Side Yard And Rear Yard Fences: No fence shall be erected or maintained in a side yard or a rear yard in any district to a height greater than six feet (6'), except that fences seven feet (7') in height may be erected in areas zoned industrial or as provided for as a modification in chapter 13 of this title. However, fences erected by a public body within the right of way, on Routes 59, 19 and 20, and Schaumburg and Barrington Roads may be erected to a height not to exceed ten feet (10') and may be a minimum of six inches (6") from any existing parallel fencing.

      3.   Corner Side Yard Fences: No fence shall be erected or maintained in a corner side yard, except that corner side yard and overlapping corner side/rear yard fences may be six feet (6') if said fencing is located a minimum of fifteen feet (15') from the property line along the public right of way.

      4.   Double Frontage Lots: On double frontage lots where the rear yard abuts a public street, fences shall be permitted along the rear property line on private property, no closer than one foot (1') from the public right of way.

      5.   Triple Frontage Lots: On triple frontage lots where the rear yard abuts a public street, fences shall be permitted along the rear property line on private property, no closer than one foot (1') from the public right of way.

   D.   Termination Of Nonconforming Fences: It is reasonable that a time limit be placed upon the continuance of existing nonconforming fences. An amortization program permits the owner to plan during a period when he is allowed to continue the nonconforming fences while at the same time assuring that the district in which the nonconforming fences exist will eventually benefit from a substantial uniformity of permanent fences. Nonconforming fences shall be removed under the following conditions:

      1.   By Abandonment: Abandonment or cessation for a period of ninety (90) days or the change of the principal use to which the nonconforming fence is accessory shall terminate immediately the right to maintain such fence.

      2.   By Violation Of This Section: Any violation of the provisions of this section shall terminate immediately the right to maintain a nonconforming fence.

      3.   By Destruction, Damage Or Obsolescence: The right to maintain any nonconforming fence shall terminate and shall cease to exist whenever the fence:

         a.   Is damaged or destroyed, from any cause whatsoever, to the extent that its repair or replacement cost exceeds fifty percent (50%) of replacement cost as of the date it became nonconforming; or

         b.   Becomes obsolete or substandard under any applicable ordinance of the village; or

         c.   Becomes a hazard or a danger.

      4.   By Amortization: The right to maintain a nonconforming front yard fence shall remain with the owner of record of the property as of September 30, 2005. Any sale or lease of said property shall require the removal of any nonconforming front yard fence. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Findings And Purpose:

      1.   The village board finds that the presence in residential neighborhoods of excessively large motor vehicles and certain motor vehicles that, by virtue of their design, type, or characteristics, are not customary and incidental to the use or occupancy of residential property, has a detrimental and blighting impact upon the residential quality and character of such neighborhoods and that more than one such vehicle upon a lot compounds the blighting impact. The village board finds that these vehicles intrude upon the aesthetics and visual peace and quiet of a residential neighborhood, that they can impair the free flow of traffic on residential streets and by their size are detrimental to residential traffic safety, that they often create excessive noise for such surroundings, that their presence tends to encourage and effectuate the expansion of uses that are inconsistent with or inappropriate to residential areas, and that their presence therefore is likely to have a negative impact upon residential property values. For similar reasons, the village board finds that the parking and storage of large trailers also has a detrimental and blighting impact upon residential areas.

      2.   The purpose of this section, therefore, is to prohibit or restrict (with some exceptions), in residential districts, the parking or storage of vehicles and trailers that, by virtue of their excessive size, or by virtue of their design, type, or characteristics, are incompatible with such districts, and to thereby reduce the blighting and negative impacts of such vehicles and trailers in those districts.

   B.   Vehicle Parking And Storage Limitations And Requirements:

      1.   Certain Vehicles Prohibited And Permitted:

         a.   Type III vehicles shall not be parked or stored on a residentially zoned lot or in the public right of way or street immediately abutting any residentially zoned lot, except as provided under subsection B5 of this section, and subject to any other applicable provisions of this section and of this code.

         b.   Type I and II vehicles shall be permitted to be parked or stored on a residentially zoned lot or in the public right of way or street immediately abutting any residentially zoned lot, subject to the provisions of this section and any other applicable provisions of this code. However, a vehicle that is a type II vehicle by reason of the attachment of a snowplow blade may be parked or stored with blade attached only between November 1 and April 30.

      2.   Measurement: For purposes of the measurement of vehicle dimensions under this section, the "height" of a vehicle shall be the vertical distance between the lowest part of the tires of the measured vehicle to the top of the highest part of the vehicle, and the "length" of a vehicle shall be the horizontal distance between the front edge of the vehicle to the rear edge of the vehicle. For purposes of these measurements, accessories, attachments, and materials fixed upon such vehicle shall be considered part of the vehicle (with the exception of aerial antennas and movable equipment stored in racks).

      3.   Limitations On Numbers Of Vehicles In Residential Districts (R-0, R-1, R-2, R-3, R-4, And R-5):

         a.   Number Of Vehicles: The number of vehicles that may be parked or stored in residential districts shall be limited to the following:

            (1)   Type I vehicles are not numerically restricted. Type II vehicles that are parked or stored within a building, are not numerically restricted. No more than one type II vehicle shall be permitted to be parked in the open on an approved surface. However, all vehicles must be lawfully parked as defined elsewhere in this code;

Exception: type II vehicles that exceed eight feet (8') in height, but do not exceed nine feet (9') in height, which are lawfully parked behind the front of the principal structure.

            (2)   Type III vehicles are not permitted, except as provided under subsection B5 of this section.

         b.   Counting Of Vehicles: Vehicles temporarily parked at a residence for visitation or business service reasons, "recreational vehicles" (as defined in section 11-2-2 of this title), and motorcycles that are housed in a garage, shall not be counted for purposes of these numerical limitations. Nothing in this section shall be interpreted as permitting the storage of vehicles if such storage is not otherwise permitted by this code.

      4.   Ownership: No type II vehicle shall be parked or stored at a premises unless that vehicle is owned or leased or regularly used by a person physically residing at that premises.

      5.   Exceptions: The parking and storage limitations and requirements of this subsection B are subject to the following exceptions and limitations:

         a.   Vehicles otherwise restricted by this section may be temporarily parked on or in front of a residentially zoned lot while being loaded or unloaded or while rendering a service at that location.

         b.   Vehicles otherwise restricted by this section may be parked on a residentially zoned lot when the lawful principal use of the lot under this zoning code is other than residential and the vehicle is directly related to that lawful use.

         c.   Vehicles designed or used for the purpose of accommodating the needs of disabled occupants of the site and exceeding the height limitations of this section shall not be prohibited under this section, provided that the vehicle displays a handicapped license plate or handicapped parking sticker issued by the state.

         d.   "Recreational vehicles", as defined in section 11-2-2 of this title, shall not be subject to the regulations of this section unless otherwise provided herein.

   C.   Commercial Trailers Prohibited; Exceptions: Commercial trailers shall not be parked or stored on a residentially zoned lot or in the public right of way or street immediately abutting said lot, subject to the following exceptions and limitations:

      1.   Trailers otherwise restricted by this section which are recreational vehicles within the meaning of section 11-2-2 of this title may be parked or stored on a site if properly parked or stored in accordance with said section.

      2.   Trailers otherwise restricted by this section may be temporarily parked at a site while being loaded or unloaded or used in connection with the rendering of a service at the site.

      3.   Trailers otherwise restricted by this section may be parked or stored on a site when housed within a garage.

      4.   Trailers or PODs otherwise restricted by this section may be temporarily parked at a site while being loaded or unloaded or used in connection with moving or for a valid construction project for a maximum period of thirty (30) days. If the use of the storage facility extends past the thirty (30) days, a building permit must be obtained from the community development department.

      5.   Type III vehicles may be parked or stored in a garage with the door through which such vehicle entered remaining closed while such type III vehicle is parked therein.

   D.   Lawful Use: Trailers otherwise restricted by this section may be parked on a residentially zoned lot when the lawful principal use of the lot under this zoning code is other than residential and the vehicle is directly related to that lawful use. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Adult regulated uses are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones:

      1.   Within, or within five hundred feet (500') of, any residential district.

      2.   Within, or within seven hundred fifty feet (750') of, any public or private school.

      3.   Within, or within seven hundred fifty feet (750') of, any church or other religious facility or institution.

      4.   Within, or within seven hundred fifty feet (750') of, any mental health center.

      5.   Within, or within seven hundred fifty feet (750') of, any public library, public park or recreation area.

      6.   Within, or within one thousand feet (1,000') of, any other adult regulated use.

   B.   The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property, right of way, or the land use district boundary line from which the proposed land use is to be separated.

   C.   An adult regulated use which is established in conformity with the locational restrictions of this section shall not be made nonconforming if, subsequent to the establishment of the adult regulated use, a residential zone, public or private school, church, religious facility, mental health center, public library, public park, recreation area or school route is created or established within the distance limitations for an adult regulated use specified in this section. However, if any adult regulated use is terminated or discontinued for a period of thirty (30) days or more subsequent to the location of a use imposing a distance limitation on the adult regulated use, then the adult regulated use shall become a nonconforming use. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Eligible Establishments: Establishments serving alcoholic beverages for consumption on the premises which provide live entertainment may apply for a waiver of the locational requirements applicable to an adult regulated use, provided the use meets the criteria set forth in subsection K of this section, and further provided that the establishment is not within one thousand feet (1,000') of any other adult regulated use or an establishment which is the holder of a waiver under this section.

   B.   Approval Procedures: An applicant for a waiver shall comply with the requirements of this section in order to be granted a waiver of the locational requirements for an establishment serving alcoholic beverages on the premises which provides live entertainment.

   C.   Fees: All applications shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). An applicant shall also pay a five hundred dollar ($500.00) cash deposit to be applied against any additional costs necessary for the processing of the application, such as consulting engineering services, consulting planning services, legal services, or court reporter services. Any costs incurred in excess of the five hundred dollar ($500.00) cash deposit shall be invoiced by the village to the applicant who shall be responsible for payment of the invoice upon its receipt. No application shall be processed until the applicant has first exhibited a receipt of the village clerk showing payment of the filing fee and cash deposit.

   D.   Contents Of Application: An application for a waiver of the adult use locational requirements for any property shall be filed with the community development director and shall contain the following:

      1.   The name, address, and phone number of the applicant.

      2.   A complete disclosure of interests as provided under requirements for all applications in the administration section herein.

      3.   The zoning district classifications of the property.

      4.   Descriptions of the existing use of the property and of the general category of adult use.

      5.   The zoning district classifications of the property and all other properties within two hundred fifty feet (250') thereof. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      6.   Architectural renderings or sketches illustrating the appearance of the proposed use, as required by the planning and zoning board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      7.   A site plan showing the locations of all structures, parking and loading areas, open spaces, landscaping, yards, refuse and service areas, utilities, signs and traffic accesses and circulationways.

      8.   A narrative statement evaluating:

         a.   The environmental and economic effects that noise, glare, odor, vibration, traffic generation or other characteristics of the proposed use will have on nearby properties;

         b.   The general compatibility of the proposed use with nearby properties;

         c.   The compatibility of the proposed use with the village comprehensive development plan;

         d.   The compatibility of the proposed use with the locational regulations set forth in this title.

      9.   An affirmative statement that the entertainment to be presented is not distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this zoning title.

      10.   An accurately scaled plot plan indicating the structure in which the adult regulated use is to be conducted and identifying and locating all land uses and property lines within a radius of one thousand feet (1,000') of the structure.

      11.   Financial statements, or if the business has no financial history, financial projections of the business for which the waiver is sought, prepared in accordance with generally accepted accounting procedures and by a certified public accountant, certified to be true and accurate and showing that the applicant complies or is projected to comply with the criteria set forth in subsection K1f of this section. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      12.   Any other information the planning and zoning board reasonably may require in determining if the proposed use meets the requirements herein. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      13.   A listing of which locational requirement(s) the applicant seeks to have waived. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   E.   Staff Review: The community development director may, together with the other departments and officials of the village, prepare a written review of the application, provided such review is completed and forwarded to the planning and zoning board within fourteen (14) days of receipt of the application.

   F.   Public Hearing: The community development director shall transmit the application to the planning and zoning board and shall set a date for a public hearing before the planning and zoning board not more than thirty (30) days nor less than fifteen (15) days after receipt of a complete and accurate application in compliance with the standards for public hearings set forth in subsection 11-13-8E of this title.

   G.   Planning And Zoning Board Action: The planning and zoning board shall hold a public hearing on the application. Within fourteen (14) days after the close thereof, the commission shall submit to the village board findings of fact relating to the waiver criteria herein, a recommendation for action and any conditions or restrictions relating to the recommendation. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   H.   Village Board Action:

      1.   The village board shall not act upon any waiver application until either it has received a report thereupon from the community development director or fourteen (14) days have elapsed from the date the application was received by the community development director. The village board shall act upon a waiver application at its next regularly scheduled meeting in which a quorum is present held not sooner than forty eight (48) hours after: a) the receipt of the staff report, or b) the expiration of the fourteen (14) day period from the date the application was received by the community development director. The village board shall not approve the permit application unless it finds that the proposed use meets applicable waiver criteria herein.

      2.   The board must base its approval of a waiver only upon criteria set forth herein for waivers. The approval or denial of a waiver by the village board shall be considered final action subject to judicial review.

   I.   Revocation Of Waiver:

      1.   A waiver may be revoked by the village board:

         a.   If the applicant or any person making a representation on behalf of the applicant makes a misrepresentation of any fact in the application or in any testimony before any board or commission of the village;

         b.   If any criteria on which the waiver is approved is not complied with;

         c.   If after the criteria is initially complied with, compliance with such criteria is not maintained at any time;

         d.   If the eligible adult use is not established, or a required building permit not obtained and started within one year of the date the permit is issued;

         e.   If the eligible adult use shall cease for more than thirty (30) days;

         f.   If prior to the issuance of any required building permit, the waiver applicant transfers his interest in the property to another party;

         g.   If it determines that the waiver holder or the owner, operator or manager of the establishment serving alcoholic beverages has:

            (1)   Violated any provisions of the liquor control act;

            (2)   Violated any ordinance of the village contained in title 3, chapter 4 or title 4, chapters 3 and 4 of this code; or

            (3)   Been convicted of a felony under any federal or state law.

      2.   However, no waiver shall be revoked except after a public hearing by the village board after a three (3) day written notice to the holder of the waiver affording the holder an opportunity to appear and respond to the basis for revocation contained in the notice. The three (3) day notice provision shall commence on the day following delivery of the notice by certified mail or personal service.

   J.   Expansion Or Alteration: Any expansion, enlargement or structural alteration of an eligible adult use shall require a reapplication and an additional waiver.

   K.   Waiver Criteria:

      1.   Criteria For Issuance: In evaluating the suitability of a proposed waiver of the locational requirements for an establishment serving alcoholic beverages for consumption on the premises which provides live entertainment, the village board shall examine the following criteria of the proposed use and its individual structures of components and shall issue the waiver, provided the proposed use meets the criteria listed in either subsections K1a and K1c through K1m or subsections K1b and K1c through K1m of this section:

         a.   The land, building or structure on or in which the live entertainment is to be performed is owned by a bona fide religious, fraternal, charitable, or educational organization which is exempt from taxation under section 501 of the internal revenue code, located within a public park or recreation area and/or is being presented by or under the sponsorship of the village or another governmental entity; or

         b.   The land, building or structure on or in which the live entertainment is to be performed is located within the C-2, C-3, I-1 or I-2 zoning districts.

         c.   The use of land, building or structure on or in which the live entertainment is to be performed, except for the performance of the live entertainment, otherwise complies with the applicable regulations of this title, as amended.

         d.   No entertainment presented or to be presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

         e.   Not less than fifty percent (50%) of the square footage of the business establishment is devoted to the preparation and service of food.

         f.   The gross revenue from the sale of alcoholic beverages shall not exceed sixty five percent (65%) of the gross revenue from all sales, including food, on an annual basis.

         g.   No loudspeakers or sound equipment shall be used for the amplification of sound to a level discernible by the public beyond the walls of the building in which the permitted entertainment is conducted, or if in a park or recreation area, beyond the property line of the site.

         h.   No residential structure or any other nonconforming structure shall be converted for use for live entertainment after enactment of the provisions of this section.

         i.   If the maximum audience expected exceeds twenty five (25) people, an on site security program, including required interior and exterior lighting plans, shall be prepared and implemented. The security program shall include the following:

            (1)   The presence of an on site manager during all business hours;

            (2)   All off street parking areas and building entries serving the entertainment use shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one foot- candle of light on the parking surface and/or walkway. In the event the entertainment use shares its parking with other businesses, this requirement shall only apply within a radius of one hundred feet (100') from any entrance into the entertainment use;

            (3)   All interior portions of the entertainment use shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot-candles of light at the floor.

         j.   All exterior areas of the business, including building, landscaping and parking areas, shall be maintained in a clean and orderly manner.

         k.   Adequate parking shall be provided for the use in conformance with section 11-9-3 of this title. If any off street parking is proposed to be used to meet the required number of parking spaces, a signed parking agreement with the owners must be submitted and approved.

         l.   Buildings and structures shall not be painted or surfaced with colors or textures or any design that would simulate a sign or advertising message except as permitted by chapter 10 of this title.

         m.   The applicant or the owner, operator or manager of the establishment serving alcoholic beverages has not:

            (1)   Violated any provisions of the liquor control act;

            (2)   Violated any ordinance of the village contained in title 3, chapter 4 or title 4, chapters 3 and 4 of this code; or

            (3)   Been convicted of a felony under any federal or state law.

      2.   Denial Of Application For Waiver: The village board may deny the application for waiver for any of the following reasons:

         a.   The application does not meet the standards set forth in this section;

         b.   An applicant has failed to provide information required on the application for the issuance of the waiver or has falsely answered a question or request for information on the application form;

         c.   The premises to be used for the permitted entertainment has not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance;

         d.   The proposed location is in violation of, or is not in compliance with, any of the provisions of this title including, but not limited to, the requirements under this section;

         e.   An applicant or an applicant's spouse is overdue on his/her payment to the village of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an entertainment use; or

         f.   The required application fees have not been paid.

   L.   Expiration: The waiver shall, by its own terms, expire one year after its issuance.

   M.   Renewal:

      1.   An unrevoked waiver issued pursuant to this section may be renewed upon written application to the community development director made at least thirty (30) calendar days before the expiration date of a current valid waiver and payment of the then current nonrefundable application fee. A waiver shall remain valid pending the community development director's consideration and the village board's decision if the holder of waiver has timely filed the application for renewal with proper fee payment. For good cause, the community development director may extend the time for filing a renewal application for up to ninety (90) days and may extend the prior waiver pending decision on the renewal application.

      2.   The application for renewal shall supply current information with respect to each category of information required in the initial application. Within thirty (30) days from the date the renewal application for a waiver is date stamped and received at the community development department, the community development director shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the community development department, the application shall be deemed complete.

      3.   The community development director shall make its written review on an application for the renewal of a waiver within thirty (30) days from the date the application is deemed to be complete. The community development director may recommend to extend the waiver without change to the original conditions of approval, with amended or deleted conditions, or deny the extension.

      4.   All department or agency inspections, including, but not limited to, health, fire, and building inspections, which are required for the community development director to consider the renewal of a waiver, shall be completed within the time limits for community development director action provided in this section.

      5.   The village board shall not act upon a waiver renewal application until either it has received a report thereupon from the community development director or thirty (30) days have elapsed from the date the application is deemed complete. The village board shall act upon a waiver renewal application at its next regularly scheduled meeting in which a quorum is present held not less than fourteen (14) days after: a) receipt of the community development director's report, or b) the expiration of the thirty (30) day period from the date the application is deemed complete. The village board shall not approve the permit renewal application unless it finds that the proposed use meets applicable waiver criteria herein.

      6.   The board must base its approval of a renewal of a waiver only upon criteria set forth herein for the waivers. The approval or denial of a renewal of a waiver by the village board shall be considered final action subject to judicial review. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

All new and existing uses and structures shall be subject to the provisions of this code related to development in the floodplain (title 10, chapter 8 of this code). (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Any use in any district shall be subject to and adhere to the performance standards which govern noise, smoke, particulate matter, toxic or noxious matters, odors, fire and explosive hazards, vibration, glare or heat which are contained in the following village codes and ordinances as well as other applicable ordinances, codes and standards:

Streamwood village code.

Streamwood building code, title 9 of this code.

Streamwood fire prevention code, title 6, chapter 2 of this code.

Streamwood subdivision code, title 10 of this code.

No use already established on the effective date hereof shall be altered or modified so as to conflict with such standards. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

There are no exempted uses under this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Provisions requiring screening and landscaping for commercial and industrial uses (C and I districts) containing more than seven (7) parking spaces as set forth herein are intended and established to promote the safety, appearance, environment and preserve real estate values in the community. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Requirements For Landscaping Plans: A professionally prepared landscaping plan shall be required and approved by the community development director, or his designee, as part of the zoning analysis prior to the issuance of any building permit.

   B.   Contents Of Landscaping Plan: In addition to the requirements contained elsewhere in this code, all landscaping plans shall contain the following information:

      1.   Date, scale, north arrow and title block;

      2.   Size, quantity, species, and location of plant material utilized (including common and botanical name);

      3.   Land elevations at one foot (1') contour intervals for areas to be bermed, sloped or terraced;

      4.   Elevations or sections of any fences, retaining walls, or other site improvements; and

      5.   Survey of existing trees to ensure that, when replacing, converting or modifying an existing building, significant trees are maintained as defined in section 10-6-9 of this code. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Plant material utilized in conformance with these requirements shall be consistent with the standard nomenclature as set forth by the American joint committee on horticultural nomenclature and the American Nursery And Landscape Association.

   B.   All landscape work and material shall be in accordance with the specifications found in the latest edition of "Standard Specifications For Road And Bridge Construction" of the Illinois department of transportation.

   C.   Unless such responsibility is apportioned differently by agreement of the owner and its tenants, the owner shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All landscaping within parking areas shall be trimmed to keep plants from obstructing the clear vision of traffic throughout the parking lot. Failure to maintain landscaping in good condition or to replace dead plant material required by this section within thirty (30) days after the date specified by the community development director, or his designee, shall constitute a violation of this zoning title and the owner may be penalized in accordance with the provisions of this code. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Existing natural landforms that could separate parking from abutting properties, divide pedestrians from vehicular traffic or otherwise enhance the safety or aesthetics of a site may be incorporated within required landscaping and shall be considered as positive attributes in connection with requests from variances from this section.

   A.   Parking Lot Setbacks: A ten foot (10') parking lot setback is required where a parking lot of four (4) parking spaces or more abuts a public right of way. The setback shall be landscaped according to the following:

      1.   Nonresidential Landscaped Buffers: Where nonresidential properties are across the right of way from property zoned or planned for residential use, landscaping the ten foot (10') setback shall consist of a minimum of three foot (3') high barrier using berms, if feasible, and shrubs or trees (with a minimum diameter of 2 inches) distributed across one hundred percent (100%) of the entire frontage of the site (excluding driveways) in a design satisfactory to the community development director, or his designee. The three foot (3') height shall be measured from the crown of the road or the edge of the right of way, whichever is less.

      2.   Nonresidential Across From Nonresidential: Where nonresidential properties are across the right of way from property zoned for nonresidential use, landscaping of the ten foot (10') setback shall consist of three foot (3') high barrier, using berms, if feasible, and shrubs or trees (with a minimum diameter of 2 inches) distributed across fifty percent (50%) of the entire frontage of the site (excluding driveways) in a design satisfactory to the community development director, or his designee. The three feet (3') shall be measured from the crown of the road or the edge of the right of way, whichever is less.

   B.   Parking Areas And Abutting Properties: Specific landscaping buffer requirements to separate parking areas from abutting properties are as follows:

      1.   Nonresidential Abutting Residential: Along with entire portion of the property line, where nonresidential properties abut property zoned or planned for residential use, a landscaping buffer of at least ten feet (10') in width shall be provided on said nonresidential property. The ground cover of the landscaped buffer shall consist of at least fifty percent (50%) live landscaping. In addition, a six foot (6') high fence, in a design approved by the community development director, or his designee, shall be provided along the perimeter of that portion of the "vehicular use area" (as hereinafter defined) abutting residential property, provided that if the vehicular use area extends beyond the residential property's building line (as hypothetically extended) along a right of way abutting both residential and nonresidential property, then the fence shall be extended only so far as such building line and a three foot (3') barrier of solid shrubs or berms shall be installed along their perimeter of that portion of the vehicular use area which is beyond such building line. The fence shall be installed prior to issuance of an occupancy permit.

      2.   Nonresidential Abutting Nonresidential: Where nonresidential property abuts a nonresidential property, a landscaped area or areas shall have a minimum width of ten feet (10') and an aggregate minimum depth equal to twenty percent (20%) of the building setback distance. The ground cover of the landscaped areas shall consist of at least fifty percent (50%) live landscaping. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

For developments with more than twenty (20) parking spaces, interior landscaping in an amount of not less than five percent (5%) of vehicular use area shall be provided.

Interior landscaped areas must be a minimum of one hundred sixty five (165) square feet each effectively distributed throughout the vehicular use area in a design satisfactory to the community development director, or his designee. The ground cover of interior landscaped areas must contain at least fifty percent (50%) live landscaping. At least one tree with a minimum diameter of two inches (2") or alternatively a shrub cluster, as approved by the community development director or his designee, shall be provided for each one hundred sixty five (165) square feet of interior landscaping area. Ornamental decoration, such as sculpture, rock formation, or gazebos may constitute landscaping for the balance, subject to the design review of the community development director, or his designee.

The primary planting materials used in parking lots shall be shade trees. Evergreens, ornamental trees, native vegetation or other planting materials may be used to supplement the shade tree plantings. Additionally, the use of larger landscape islands is preferable. Fewer large landscape islands will sustain healthy trees better than more numerous small islands. By placing landscape islands opposite each other, tree canopies will extend overhead and bridge together.

   A.   Performance Standards:

      1.   Landscape improvements shall be provided to enhance architectural features and to add visual interest adjacent to large expanses of building walls.

      2.   Landscape improvements shall be provided as a buffer between pedestrian and vehicular activity at primary building entrances and along building facades.

      3.   Sufficient clearance shall be provided to accommodate landscape improvements provided to adjacent buildings.

   B.   Minimum Requirements:

      1.   Landscape improvements shall be provided along building facades visible from adjacent properties and right of way areas. Additional landscaping may be required by the village board.

      2.   The scale of landscaped improvements provided shall be of a similar scale as proposed and surrounding structures, or capable of achieving a similar scale, where possible.

      3.   Landscape improvements shall be provided to screen views of mechanical equipment, bicycle parking areas and loading docks from adjacent properties and right of way areas.

      4.   Interior landscaping shall include shade trees and permeable walking paths that provide pedestrian access and serve stormwater management purposes.

      5.   Evergreens shall be used to break up visual expanse of parking lot with green landscaping throughout the year.

      6.   Where feasible, drainage facilities and stormwater retention facilities shall be designed as landscaping features.

      7.   Where outlots exist within a unified shopping center area, each building shall provide and conform to these required landscape planning regulations.

      8.   Sidewalks along retail storefronts shall be wide enough to accommodate pedestrian amenities including required landscaping, trees and small open spaces with seating areas. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Screening Of Dumpster Areas: All refuse containers shall be fully enclosed by a screening fence or densely landscaped screening of a height sufficient to screen such containers from view from adjoining properties and public or private ways as required by the community development director.

   B.   Parkway Plantings: All parkway areas shall be planted with trees at a minimum spacing distance of forty feet (40') from center to center. The type of tree and planting specifications shall be identical to the standards of title 10 of this code, as may be amended from time to time.

   C.   Vehicular Use Area: For the purpose of this section, "vehicular use area" shall be the area of the portion of the lot paved for use as parking lots and driveways.

   D.   Incomplete External Improvements: If landscaping, sidewalks, parking lots and other external improvements are not completed at the time of issuance of an occupancy permit, a letter of credit in an amount equal to the uncompleted work, as determined by the community development director shall be supplied to the village. The owner and the community development director will determine the completion date; however, that date shall not exceed one year after the date of occupancy of any building.

   E.   Irrigation: All landscaped areas will require an automatic underground irrigation system. The system shall provide head to head coverage for all landscaped areas except in areas that contain drought resistant plantings. The system shall also be designed in such a manner as to minimize overspray onto pedestrian pathways, walkways, parking spaces and building entrances.

Exception: single-family and multi-family residential developments. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

It shall be the responsibility of the community development director, or his designee, to enforce this section 11-4-10. However, the community development director, at his sole discretion, may utilize the services of a consulting landscape architect to review any plans and/or specifications for conformance to this title. The village shall be reimbursed by the property owner for any such expense incurred by the village. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Architectural design standards will ensure that development and redevelopment criteria within the village are consistently implemented, provide compatibility to adjacent uses, and offer a viable aesthetic to the community. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The architecture of developments within residential areas should conform to the following general design standards:

   A.   Use quality brick as the primary construction material on the front elevation of all structures; other materials, such as wood, stucco, and/or decorative glass block, shall only be used as accents.

   B.   Use neutral colors for both the primary structure and roof to soften the architecture, with bold colors used only as subtle accents.

   C.   Create visual relief through use of windows, height changes, facade relief, porches and other design features.

   D.   Be of a design that fits within the context of the established neighborhood. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The architecture of developments within nonresidential areas should conform to the following general design standards:

   A.   Use quality brick as the primary construction material, except that other approved masonry may be used in industrial areas; other appropriate materials, such as wood, stucco, EIFS, decorative split faced block or other materials, shall only be used as accents.

   B.   Use neutral colors for both the primary structure and roof to soften the architecture, with bold colors used only as subtle accents.

   C.   Create visual relief through use of glass, height changes, facade relief and other design features.

   D.   Screening of roof mounted mechanical equipment with materials that match or complement the primary structure, when visible from the right of way.

   E.   Be of contemporary design that fits within the context of the established streetscape.

   F.   Promote two- and three-story buildings to anchor the street and offer visual relief from the typical single-story facade.

   G.   Corrugated metal or preengineering metals installed with exposed fasteners are prohibited on any building exterior wall, except that:

      1.   In commercial areas, architectural grade metal and metal products may be used on the exterior of buildings and structures, and for rooftop screening, if incorporated into an overall architectural scheme for such building(s) or structure(s) on a zoning lot.

      2.   In industrial areas, metals may be used on additions to existing buildings where similar materials are extant.

   H.   All buildings on a lot shall be of similar, compatible design and materials. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

In order to promote the health, safety, enjoyment, and general welfare of the public and conserve or enhance the taxable value of land and buildings throughout the village, any proposal to modify existing nonresidential properties, shall conform to the following:

   A.   Where more than fifteen (15) years have elapsed since it was initially developed, or wholly and substantially redeveloped, and such building or property is not in compliance with current village code requirements, including, but not limited to, parking, dumpster enclosures, signage, landscaping and architectural compliance, a site plan shall be developed, in conformance with section 11-4-11-5 of this chapter, to update the site and building to meet current village code requirements to the extent feasible in consideration of the existing improvements present on the site.

   B.   Site improvements required of any portion of a multi-tenant property under common ownership (such as a shopping center), shall be proportionate to the size of the developed or redeveloped tenant space relative to the whole ownership and such improvements may be deferred until such time as a grouping of improvements may be constructed, subject to and in accordance with approval by the village and shall be implemented through the construction of site improvements within eighteen (18) months of the plan approval, or as otherwise approved by the village board, the community development director, or his designee. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

At time of filing a petition for the planning and zoning board, or at the time of applying for a building permit, the developer shall provide the community development department with four (4) copies of the following: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Existing and proposed elevations of all building facades;

   B.   A statement or sample of all color, kind and texture of materials to be used;

   C.   Landscaping plans for commercial and industrial districts, in conformance with section 11-4-10 of this chapter;

   D.   Landscape plans for residential districts, which detail any plants to be moved or relocated, as well as a listing of all proposed new plant materials and locations;

   E.   Detailed site plan including building locations, driveways, site data, and where applicable, parking lot layout. Plan shall indicate capacity and manner of linkage to existing pedestrian or bicycle facilities, and provision of any new facilities to ensure adequate access and safety;

   F.   Any required stormwater control facilities, and/or site grading plan;

   G.   Location map with roads, parking, existing buildings and other significant features within two hundred fifty feet (250') of the proposed building site; and

   H.   Specifications and renderings of signage, where applicable. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)