A.   Minimum Requirements: In their interpretation and application, the zoning provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.

   B.   Conflicting Laws: Where the conditions imposed by any provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title, or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive shall govern.

   C.   Available Relief: Reasonable flexibility from specific provisions of this title is offered through the appeals, variations, special uses and planned developments processes, as described in chapter 13 of this title.

   D.   Existing Agreements: This title is not intended to abrogate any easement, covenant or any other private agreement. However, where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.

   E.   Existing Violations: No building, structure or use which is not lawfully existing at the time of the adoption of this title shall become, or be made lawful solely by reason of the adoption of this title. To the extent and manner said unlawful building, structure, or use is in conflict with the requirements of this title, said building, structure or use remains unlawful.

   F.   Permits Required: Nothing contained in this title shall be deemed to consent to, license, or permit to use any property or to locate, construct, or maintain any building, structure, site facility or operation or to carry on any trade, industry, occupation, or activity without first obtaining an appropriate building, site development or occupancy permit. (Ord. 2002-01-15B, 1-15-2002)

   A.   Authority: It is hereby declared to be the intention of the president and board of trustees that the several provisions of this title are separable, according to the provisions of this chapter.

   B.   Ordinance Provisions: Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

   C.   Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this chapter to a particular property, building or other structure, such judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. (Ord. 2002-01-15B, 1-15-2002)

   A.   Authority: It is hereby declared that the provisions of this title shall apply to all properties as hereinafter specifically provided in this chapter.

   B.   New Uses: No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations of this title for the zoning district in which such building, structure or land is located. The uses that are permitted in each zoning district are listed in section 11-4-22 of this chapter.

   C.   Special Uses:

      1.   In each zoning district, certain listed uses may be permitted only if a special use permit is secured according to the provisions and procedures of chapter 13 of this title. The special uses which may be allowed in each zoning district are listed in section 11-4-22 of this chapter.

      2.   Where a structure and use thereof of land lawfully exists on the effective date hereof, and is classified 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 according to procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special uses.

   D.   Nonconforming Buildings, Structures, Or Uses: Any lawful building, structure or use existing at the time of the enactment of this title may be continued, even though such building, structure or use does not conform to the provisions set forth herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions set forth in chapter 5 of this title.

   E.   Lots Of Record: A lot of record at the time of the adoption of this title in a residence district which is unable to meet the requirements of this title as to area, lot width and yard requirements, may be used for a single-family detached dwelling, provided it meets all the other requirements of this title.

   F.   Contiguous Parcels: Where two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and held in one (1) ownership, at the time of or subsequent to the adoption of this title or amendment thereof, they shall be used as one (1) zoning lot for such use.

   G.   Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within ninety (90) days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may be occupied, upon completion under a certificate of occupancy by the use for which originally designated. This subsection shall also control building permits lawfully issued prior to future amendments to this title.

   H.   Ordinance Provisions Are Nonaccumulative: This title is nonaccumulative in nature. Zoning district requirements do not accumulate from one (1) district to another, unless expressly stated. (Ord. 2002-01-15B, 1-15-2002)

(Ord. 2016-12-13C, 12-13-2016)

(Ord. 2016-12-13C, 12-13-2016)

The growing of crops in the open shall be allowed in any zoning district. Raising or keeping of livestock or poultry, with the exception of keeping hens, shall only be permitted in the A-1 Agriculture District. The keeping of hens shall be permitted in the A-1, E-1, R-1, R-2, R-3 and B-1 Zoning Districts conditioned upon the principal use of the property being single family residential and a residential chicken keeping permit has been issued. (Ord. 2017-08-01, 8-1-2017)

   A.   Compliance: All accessory uses, accessory structures, and accessory buildings shall comply with the requirements of the district in which they are located. No accessory use, accessory structure, or accessory building shall be established or erected on a lot or zoning lot prior to the establishment or erection of the principal use or principal building to which it is accessory. No existing accessory use, accessory structure, or accessory building shall be expanded or extended, except in compliance with all of the regulations of this title.

   B.   Applicable Structures: Where an accessory building is structurally attached to a principal building it shall conform to all regulations of this title applicable to the principal building.

   C.   Use As A Dwelling: No accessory use, accessory structure, or accessory building shall be used as a dwelling unless otherwise permitted by the Village Board.

   D.   District Permissions: The following are permitted and special accessory uses, accessory structures, and accessory buildings when located in compliance with this chapter and the regulations of the zoning district in which they are located:

   ACCESSORY USE, STRUCTURE, OR BUILDING PERMISSION LIST

Key:

 

 

 

All accessory uses, accessory structures, and accessory buildings may require a building permit depending on the work involved. The above list is not to be used to determine whether or not a building permit is required.

Other accessory uses, accessory structures, or accessory buildings which, in the opinion of the zoning official or his/her designee, are similar to the uses listed in this section, and are otherwise consistent with the Comprehensive Plan and zoning for the district in which said use is sought may be allowed or allowed with a special accessory use.

Items which are listed in section 11-4-8 of this chapter are not eligible to be treated as an accessory use, accessory structure, or accessory building.

Use of an accessory building shall not constitute a second principal building on a lot.

   E.   Standards For All Accessory Uses, Accessory Buildings, And Accessory Structures:

      1.   Building Permit Required: With the exception of items measuring less than one cubic yard, a building permit is required prior to the placement, construction, or occupancy of any accessory use, accessory building, or accessory structure.

      2.   Size: Each detached accessory building or structure on a residentially zoned lot shall not exceed one thousand (1,000) square feet or seventy percent (70%) of the principal building footprint, whichever is less.

      3.   Height: No accessory use, accessory structure, or accessory building shall exceed the height of fifteen feet (15'), with the following exceptions:

         a.   Uses and buildings accessory to farming operations shall not exceed twenty five feet (25') in height.

         b.   Private stables shall not exceed twenty five feet (25') in height.

         c.   Flagpole and sign height is regulated by chapter 14 of this title.

         d.   Small wind and solar energy systems are regulated by sections 11-4-20 and 11-4-21 of this chapter.

         e.   Parking lot pole height is regulated by chapter 12 of this title.

         f.   Chimneys, ornamental towers, scenery lofts, monuments, domes, spires, steeples, water towers, customer end antenna (residential communications antennas and commercial communications antennas insofar as said antenna is placed at the commercial location for purposes of providing services at the locations in which it is installed) shall be erected to a customary height as determined by the zoning official.

      4.   Separation: Detached accessory buildings and structures shall be located a minimum of ten feet (10') from any principal structure.

      5.   Easements: An accessory use, accessory building, or accessory structure may be located within a recorded easement if the following standards are met.

         a.   The easement is a minor drainage way (only draining the immediate adjacent lots).

         b.   The easement contains no public utilities such as storm sewer, sanitary sewer, or water main.

         c.   There shall be no construction within five feet (5') of the property line to accommodate drainage along the common lot line and allow for any future construction of minor utilities such as cable and street lighting.

      6.   Number: There shall be no more than three (3) accessory buildings and/or structures on a zoning lot.

      7.   Building Materials: Building materials of accessory buildings and structures shall be of high quality and shall generally match the primary building material of the principal building.

      8.   Use: All uses conducted within accessory buildings and accessory structures shall be incidental to the principal use established on the zoning lot. No accessory use shall constitute a second principal use on the zoning lot. No accessory use, accessory building, or accessory structure shall be constructed or erected on a zoning lot prior to the construction or erection of the principal building.

   F.   Additional Standards For Specific Accessory Uses, Accessory Buildings, And Accessory Structures:

      1.   Accessory Dwelling Unit:

         a.   The unit shall not comprise more than twenty five percent (25%) of the floor area of the principal structure.

         b.   The unit shall be solely occupied by no more than two (2) persons related by blood or marriage to the owner of the principal residence.

      2.   Cart Corral:

         a.   A cart corral located within twenty five feet (25') of the principal building on a zoning lot shall be improved with four foot (4') masonry screening walls that match the primary building material of the principal building.

         b.   A cart corral shall be located free of conflict with vehicular and pedestrian circulation on the zoning lot.

         c.   A cart corral shall be maintained free of signage.

      3.   Commercial Outdoor Dining:

         a.   Commercial outdoor dining area shall be fully enclosed by a fence or wall which is compatible with the principal building style. An emergency egress shall be provided.

         b.   Off-street parking shall be provided at a rate of thirteen (13) spaces per one thousand (1,000) square feet of area devoted to commercial outdoor dining.

         c.   The area devoted to commercial outdoor dining shall be improved with a solid surface of brick, concrete pavers or poured concrete.

         d.   Commercial outdoor dining area shall be operated only during the regular business hours of the principal use.

      4.   Commercial Outdoor Storage:

         a.   The area devoted to commercial outdoor storage shall be improved with a dust free surface as required by the Village Engineer. The surface material shall be maintained in a manner prescribed by the Village Engineer.

         b.   The area devoted to commercial outdoor storage shall be enclosed by a solid fence at least six feet (6') in height, but no greater than eight feet (8') in height, as regulated by section 11-4-13 of this chapter. No chain link or mesh type fence with inserted screening slats or screening fabric shall be acceptable in complying with the screening standards. Where a commercial outdoor storage area shares a common lot line with a property zoned in a more restrictive zoning district, landscape screening of the solid fence shall be provided at the rate of three (3) shrubs per each twenty five (25) linear feet of fence. Shrubs shall be planted between the fence and the common lot line.

Chain link fences with black screening slats are permitted on lots zoned B3, located between Main Street and Route 47, from Route 30 to Cross Street. Chain link fences shall be black vinyl coated from the manufacturer and have a minimum wire gauge of 9. All fence posts, rails and gates shall be painted black by the manufacturer.

         c.   No equipment or materials shall be stored inside the area at a height greater than the height of the fence.

      5.   Dispensing Cabinet:

         a.   A dispensing cabinet shall be located on an improved concrete surface.

         b.   A dispensing cabinet shall be located free of conflict with vehicular and pedestrian circulation on the zoning lot.

         c.   A dispensing cabinet shall display the owner name and contact information.

         d.   No more than two (2) dispensing cabinets shall be maintained on a zoning lot.

      6.   Drive Through:

         a.   Regulated by chapter 12 of this title.

      7.   Fence And Wall:

         a.   Regulated by section 11-4-13 of this chapter.

      8.   Food Pantry:

         a.   Must be located in a non-residential building owned by a governmental agency.

         b.   Must be operated by a governmental agency or non-profit organization authorized by said governmental agency.

         c.   Must be located on its own parcel and directly adjacent to the governmental agency's principal office.

      9.   Home Occupation:

         a.   Regulated by section 11-4-17 of this chapter.

      10.   Loading Area:

         a.   Regulated by chapter 12 of this title.

      11.   Loading Dock:

         a.   Regulated by chapter 12 of this title.

      12.   Parking Lot Light Pole:

         a.   Regulated by chapter 12 of this title.

      13.   Private Stable:

         a.   The number of horses permitted is determined as follows: A minimum lot area for the keeping of one horse shall be forty thousand (40,000) square feet plus twenty thousand (20,000) square feet per each additional horse.

         b.   A private stable shall be located at least one hundred fifty feet (150') from the front lot line.

         c.   A private stable shall be located at least one hundred feet (100') from any other lot line.

      14.   Residential And Nonresidential Off-Street Parking Lot, Driveway And Drive Aisle:

         a.   Regulated by chapter 12 of this title.

      15.   Residential Chicken Keeping:

         a.   Regulated by title 5 of this Code.

      16.   Shipping Container:

         a.   Shipping container shall be located at least ten feet (10') from any building.

         b.   Shipping container shall not be maintained on a zoning lot for more than one hundred eighty (180) days per calendar year. A shipping container located on a zoning lot which is under construction may remain on the lot as long as there is a valid building permit for the project.

         c.   A temporary structure permit is required prior to the placement of a shipping container on a zoning lot.

      17.   Sign, Flag, And Flagpole:

         a.   Regulated by chapter 14 of this title.

      18.   Solar Farm and Solar Garden Energy Systems, Municipal-Owned Property: ln addition to the requirements of Section 11-4-21, solar farm and solar garden energy systems located on municipal-owned property shall comply with the following:

         a.   Shall be located on property owned by the Village of Sugar Grove.

         b.   Shall be located on tracts of land along a railroad.

         c.   Screening and landscaping requirements set forth in section 11-4-21-C shall not apply and shall be provided as determined by the Village Board.

      19.   Solar Farm Energy System: A special use permit for this accessory use shall be processed in compliance with section 11-13-12 of this title including public hearing before the Planning Commission/Zoning Board of Appeals and final approval, approval with conditions, or denial by the Village Board.

      20.   Solar Garden Energy System: A special use permit for this accessory use shall be processed in compliance with section 11-13-12 of this title including public hearing before the Planning Commission/Zoning Board of Appeals and final approval, approval with conditions, or denial by the Village Board.

      21.   Solar Panel:

         a.   Regulated by section 11-4-21 of this chapter.

      22.   Trash Dumpster Enclosure:

         a.   A trash dumpster enclosure shall be wholly maintained on a concrete surface.

         b.   A trash dumpster enclosure shall be fully enclosed by masonry walls six feet (6') in height. The masonry wall material shall match the primary building material of the principal building on the zoning lot. Landscape materials shall be installed and maintained around the perimeter of the enclosure at a rate of one evergreen shrub per each three (3) linear feet of wall.

         c.   A trash dumpster enclosure shall be located free of conflict with the vehicular and pedestrian circulation of the zoning lot.

      23.   Vending Machine:

         a.   A vending machine shall be located on an improved concrete surface.

         b.   A vending machine shall be located free of conflict with vehicular and pedestrian circulation on the zoning lot.

         c.   A vending machine shall display the owner name and contact information.

         d.   No more than two (2) vending machines shall be maintained on a zoning lot.

      24.   Wind Turbines:

         a.   Regulated by section 11-4-20 of this chapter.

      25.   Valet Parking:

         a.   Valet parking shall not reduce the number of off-street parking spaces required or provided on the lot on which the valet parking is located.

         b.   Queuing for valet parking shall not occur on public streets.

         c.   The maximum number of spaces reserved for valet parking purposes shall not exceed 25% of the minimum number of required parking spaces for the use(s) being served by the valet parking.

         d.   Areas designated for valet parking shall not interfere with vehicular circulation or emergency access on the property on which the valet parking is located.

         e.   The location of the valet parking space shall not be more than 500 hundred feet from the use(s) served.

   G.   Special Accessory Use Submittal And Fee: Special accessory uses shall meet the standards of regular special uses as described in section 11-13-12 of this title. However, a public hearing is not required. The requests shall be either approved, approved with conditions, or denied by the Planning Commission/Zoning Board of Appeals without review by the Village Board.

   A submittal for one or more special accessory uses may be made to the Community Development Department on forms provided and amended from time to time by the Community Development Department.

   A fee shall be charged for special accessory uses. The fee shall be set by separate resolution of the Village as may be amended from time to time.

(Ord. 2016-07-05A, 7-5-2016; amd. Ord. 2018-03-20C, 3-20-2018; Ord. 2018-07-24E, 7-24-2018; Ord. 2018-11-20, 11-20-2018; Ord. 2021-1102B, 11-2-2021; Ord. 2022-1115A, 11-15-2022; Ord. 2023-0516C, 5-16-2023; Ord. 2023-0919B, 9-19-2023; Ord. 2023-1205A, 12-5-2023; Ord. 2024-0618CD1, 6-18-2024)

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

Christmas tree sales. Christmas tree sales, when located on a lot not less than two (2) acres located in a commercial or industrial district for a period not to exceed forty five (45) days. Such use need not comply with the yard requirements of this title, provided that no trees shall be displayed within ten feet (10') of any driveway or street right-of-way or within thirty feet (30') of the intersection of the rights-of-way of any two (2) streets.

Circuses and carnivals. Circuses or carnivals, when operated or sponsored by a religious, civic, or institutional not for profit group for a period not to exceed one week. No such use shall occur on a lot which will pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property. Such use shall not be located in any residential district, except on park, church, or school property, and shall comply with the yard requirements of the district in which it is located. No circus or carnival shall be operated without first obtaining a special event permit in accordance with title 4, chapter 7 of this Code.

Contractors' offices and equipment sheds and trailers. Contractors' offices and equipment sheds and trailers, when accessory to a construction project and only for the duration of the project while building permits are in effect and provided that such office or equipment shed or trailer is located on the premises undergoing construction. No such office, shed or trailer shall contain sleeping accommodations or cooking facilities. Such use shall be removed upon the lapse of building permits or issuance of the last occupancy certificate.

Film production. Film production, may be allowed up to daily for three (3) months, one time per calendar year, per applicant. No film production shall occur without first obtaining a special event permit in accordance with title 4, chapter 7 of this Code.

Garage or yard sales. Garage sales, yard sales, and estate sales provided they do not occur any more frequently than four (4) 3-day events per three hundred sixty five (365) day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zone, which is hereby prohibited. Neighborhood or subdivision wide garage sales and yard sales shall first obtain a special event permit in accordance with title 4, chapter 7 of this Code.

Grand openings and special events. Grand openings and special events may be allowed up to daily for one week, two (2) times per calendar year, per applicant.

Group or assembly activities. Group or assembly activities (e.g., carnivals, fairs, rodeos, sport events, concerts, and shows) on private property may be allowed up to daily for two (2) weeks, three (3) times per calendar year, per applicant. No group or assembly activity shall occur without first obtaining a special event permit in accordance with title 4, chapter 7 of this Code.

Lemonade stands. Children's lemonade and similar stands are exempt from these provisions.

Model homes, subdivision sales offices. Model homes and subdivision sales offices, sometimes in a model home, when incidental to a new housing development. No such use shall be used for sleeping or cooking purposes and shall continue only until all dwelling units in the development have been sold or leased.

Fences may be located on lots used for subdivision sales offices and model homes provided that such fences comply with the provisions of section 11-4-7 of this chapter, except that points of access be provided as required by the zoning official for persons, equipment and vehicles which may be required in case of emergency.

Outdoor food vendors. Outdoor food vendors, including food trucks, on private property may be allowed up to daily for nine (9) months per calendar year, per applicant. No outdoor food vendor shall occur without first obtaining a special event permit in accordance with title 4, chapter 7 of this Code.

Portable moving and storage containers. Portable moving and storage containers (that are not vehicles), may be allowed up to daily for ten (10) days, one time per calendar year, per applicant with the exception of such containers that are used for the purposes of a Village issued building or site permit which may be allowed as long as there is a valid building permit.

Seasonal sale of farm products. Seasonal sales of farm produce, grown on the premises in an A-1 District, for a period not to exceed four (4) months in any calendar year. Structures incidental to such sales shall comply with the yard requirements of the district in which it is located.

Temporary living accommodations. Mobile homes, trailers, may be used for living purposes only when accessory to a remodeling, fire or flood reconstruction project and only for the duration of the project while building permits are in effect and provided that such living facility or trailer is located on the premises undergoing (re)construction. Such use shall be removed upon the lapse of building permits or issuance of the last occupancy certificate. Temporary living accommodations are not permitted for new construction.

Temporary parking lots. Temporary parking lots may be allowed up to daily for one year, one time per calendar year, per applicant.

Trash dumpsters. Trash dumpsters may be allowed up to daily for ten (10) days, one time per calendar year, per applicant with the exception of such dumpsters that are used for the purposes of a Village issued building or site permit which may be allowed as long as there is a valid permit. (Ord. 2016-07-05D, 7-5-2016; amd. Ord. 2018-03-20C, 3-20-2018)

   A.   Use: No building, structure, or land shall hereinafter be used or occupied, and no building or part thereof, or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which said building, structure, or land is located.

   B.   Continued Conformity With Bulk Regulations: The maintenance of yards and other open spaces and minimum lot area which are legally required for a building shall be a continuing obligation of the property owner, as long as the building is in existence. Furthermore, no legally required yards, open space, or minimum lot area allocated to any building shall, by virtue of a change in ownership or for any other reason, be used to satisfy yard, open space, or minimum lot area requirements for any other building.

   C.   Bulk: All new buildings shall conform to the building regulations established herein for the district in which each building is proposed to be located. Furthermore, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the bulk regulations of this title of the district in which such buildings are located.

   D.   Minimum Lot Size: Every lot created by subdivision or deed division from a larger lot or parcel after the effective date hereof shall be in accordance with the lot size requirements of the zoning district in which such lot is located. (Ord. 2002-01-15B, 1-15-2002)

   A.   Location Of Required Yards: All required yards allocated to a building, structure or use shall be located on the same zoning lot as such building, structure or use being served.

   B.   Required Yards For Existing Buildings: No yards allocated to a building, structure or use existing on the effective date hereof shall be subsequently reduced, or be further reduced below the yard requirements of this title, except a yard adjoining a street may be reduced in depth or width to the extent that the right-of-way width of a street adjoining such yard is subsequently increased.

   C.   Average Front Yard Less Than Minimum Setback: On streets where a front yard setback has heretofore been established by existing buildings situated on lots or tracts comprising not less than fifty percent (50%) of the total street frontage on one side of that portion of any street lying between two (2) intersecting streets, buildings shall either:

      1.   Maintain a front yard (building setback) as required in the zoning district in which the property is located; or

      2.   Maintain a lesser front yard, as determined by the average front yard (building setback) provided by existing buildings along the “frontage” of that street as defined herein.

   D.   Setback Reductions: Setback reductions for yards in any zoning district that do not exceed five percent (5%) or one foot (1'), whichever is less, of the required setbacks, may be administratively granted by the zoning official. Any setback reduction which is not so granted by the zoning official may proceed through the variation process as stated in section 11-13-10 of this title. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2018-03-20C, 3-20-2018)

   A.   At the intersection of all streets, or the intersection of any service entrance drive from a street to a zoning lot, line of sight shall be established within the triangular area formed:

      1.   At the intersection of any two (2) street right-of-way lines; and/or

      2.   The intersection of any street right-of-way line with any service entrance drive.

   B.   The "sight triangle" shall be defined as a line drawn between such right-of-way lines and/or such right-of-way line and service entrance drive line, at a distance along such lines of twenty five feet (25') from the point of intersection.

   C.   No obstructions shall be erected, planted, or allowed to grow in the sight triangle so as to limit or obstruct the sight distance of motorists and pedestrians. The area between three feet (3') and eight feet (8') above grade is to be free and clear of obstructions.

(Ord. 2016-07-05A, 7-5-2016)

Where P = permitted; N = not permitted

 

(Ord. 2016-07-05A, 7-5-2016; amd. Ord. 2016-12-13D, 12-13-2016; Ord. 2017-08-01, 8-1-2017; Ord. 2018-03-20C, 3-20-2018)

   A.   Residential Districts (E-1, R-1, R-2, R-3, SR): The establishment of fences in residential districts shall be regulated as follows, and conform with the provisions of chapter 7 of this title:

      1.   Fences shall be constructed and maintained in the required front yard or corner side yard with a maximum height of three feet (3'). Chainlink fences shall be prohibited in these yards. (Ord. 2018-03-20B, 3-20-2018)

      2.   Fences up to six feet (6') in height shall be permitted in all other required yards. (Ord. 2014-08-05B, 8-5-2014)

      3.   Fences shall be positioned so that the finished side faces away from the lot on which it is constructed. (Ord. 2018-03-20B, 3-20-2018)

   B.   Business Districts (B-1, B-2, B-3): The establishment of fences in business districts shall be regulated as follows, and conform with the provisions of chapter 8 of this title: (Ord. 2014-08-05B, 8-5-2014)

      1.   Fences shall be constructed and maintained in the required front yard or corner side yard with a maximum height of three feet (3'). Chain link fences shall be prohibited in these yards, except, chain link fences shall be permitted in these yards for properties zoned B-3 located between Main Street and Route 47, from Route 30 to Cross Street. Chain link fences located in this area shall be black vinyl coated from the manufacturer and have a minimum wire gauge of 9 All fence posts, rails and gates shall be painted black by the manufacturer.

      2.   Fences up to six feet (6') in height shall be permitted in all other required yards.

      3.   Fences shall be positioned so that the finished side faces away from the lot on which it is constructed.

   C.   Other Districts (A-1, BP, OR-2, M-1, I-1): The establishment of fences in the A-1, BP, OR-2, M-1, and I-1 Districts shall be regulated as follows, and conform with the provisions of chapters 6, 9, 9A, 10, and 10A of this title:

      1.   Fences shall be constructed and maintained in the required front yard or corner side yard with a maximum height of three feet (3'). Chainlink fences shall be prohibited in these yards.

      2.   Fences up to eight feet (8') in height shall be permitted in all other required yards.

      3.   Fences shall be positioned so that the finished side faces away from the lot on which it is constructed.

      4.   Fences shall be located and landscaped in order to meet the screening standards required in chapters 9 and 10 of this title.

   D.   Fence Material: No fence within the Village shall contain barbed wire, razor wire, electrified elements, or any components determined by the Village to constitute a public safety hazard.

   E.   Walls And Trash Enclosure Walls: Walls and trash enclosure walls shall be considered interchangeable with fences for these requirements. (Ord. 2014-08-05B, 8-5-2014, amd. Ord. 2018-03-20C, 3-20-2018; Ord. 2021-1102B, 11-2-2021; Ord. 2022-1115A, 11-15-2022)

   A.   Height limitations shall be as set forth in each zoning district for all buildings, structures, and uses of land, except accessory uses, accessory structures, and accessory buildings which are set forth in section 11-4-7 of this chapter. (Ord. 2011-07-05B, 7-5-2011)

Except as may be approved as part of a planned development, not more than one principal building shall be located on a zoning lot, except as may be permitted in Section 11-4-23. (Ord. 2018-03-20C, 3-20-2018; amd. Ord. 2021-1019B, 10-19-2021)

Unless otherwise granted under the terms of a special use permit, no building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off street parking and loading spaces required by chapter 12 of this title are provided. (Ord. 2002-01-15B, 1-15-2002)

   A.   General: The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood, and to maintain the subordinate and incidental status of the home occupation. In general, a home occupation shall be an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence.

   B.   Performance Requirements: A home occupation or profession, where permitted in a zoning district, shall meet the following performance requirements, in addition to those standards applicable to the district in which they are located:

      1.   Not more than one employee at a time, other than members of the immediate family occupying such dwelling, shall work on the premises.

      2.   No alteration of the principal building shall be made which changes the character of the dwelling.

      3.   No more than twenty five percent (25%) of the floor area of the residential dwelling unit or accessory building shall be devoted to any home occupation.

      4.   No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood. Parking shall be provided according to requirements specified in chapter 12 of this title.

      5.   No equipment or material used shall constitute a hazard, create a nuisance or interfere with the reception of broadcast signals.

      6.   All material, equipment, trash, merchandise or work in process shall be wholly enclosed within the primary dwelling.

   C.   Permitted Home Occupations:

Artists, sculptors, woodworking or other crafts.

Authors.

Beauty parlors or barbershops, with a maximum of one chair/customer.

Daycare service, but not daycare centers or nursery schools.

Dressmakers, seamstresses or tailors.

Ministers, rabbis, priests, or members of religious orders.

Music, dancing, swimming or other similar instruction, provided that the instruction shall be limited to three (3) pupils at a time, except for occasional groups.

Offices, salespersons, sales representatives or manufacturers' representatives, provided, however, that no retail transactions shall be made on the premises except through telephone, facsimile or mail communication. Deliveries to the premises shall be made in a manner and frequency that is not disruptive and is in keeping with the residential neighborhood.

Planners, architects, attorneys, engineers, realtors, insurance agents, brokers, and members of similar professions.

Repair of small appliances, bicycles, and other similar home equipment, not including gas motors.

Any use not expressly permitted in this subsection is hereby prohibited. (Ord. 2016-07-05A, 7-5-2016; amd. Ord. 2018-03-20C, 3-20-2018)

All foundation elevations, proposed grading, stormwater management facilities and structures shall be designed and constructed in conformance with the Village's floodplain ordinance, as may be amended from time to time. (Ord. 2002-01-15B, 1-15-2002)

As a condition of issuance of any variance, PUD, special use, zoning amendment or other requested relief from the requirements of this title, if such petitioner/owner has, for the property in question, multiple lots of record being used as a single zoning lot (or desires to use multiple lots as a single zoning lot), the petitioner/owner shall be required, as a condition of the grant of the requested relief, to file with the appropriate authorities a petition to consolidate the multiple lots of record into a single lot of record. (Ord. 2007-08-21A, 8-21-2007)

   A.   Definitions:

    CLEARANCE HEIGHT: The vertical distance from grade to the tip of a wind generator blade when the tip is at its lowest point or the minimum height reached by any moving part of the equipment.

   HORIZONTAL AXIS WIND TURBINE: A type of small wind energy system where the main rotor shaft runs parallel to the ground.

   LARGE WIND ENERGY SYSTEM: A wind energy conversion system consisting of wind turbine, a tower or post and associated controls or conversion electronics that is mounted on the ground as a principal use/structure and with a nameplate capacity of one hundred kilowatts (100 kW) or more.

   SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of wind turbine, a tower or post and associated controls or conversion electronics that is mounted on a principal structure or on the ground as an accessory use/structure and with a nameplate capacity of less than one hundred kilowatts (100 kW).

   TOTAL HEIGHT: The vertical distance from grade to the tip of a wind generator blade when the tip is at its highest point or the maximum height reached by any part of the equipment.

   VERTICAL AXIS WIND TURBINE: A type of small wind energy system where the main rotor shaft runs perpendicular to the ground.

   WIND ENERGY SYSTEM: Equipment that converts and stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, battery or other component used in the system.

   B.   Large Wind Energy Systems Prohibited: Large wind energy systems shall be prohibited within all zoning districts of the Village and within the one and one-half (11/2) mile radius surrounding the Village limits.

   C.   Small Wind Energy Systems; General Provisions: Small wind energy systems shall be a permitted use in all zoning districts subject to the following provisions:

      1.   Building Permit: All small wind energy systems require an approved building permit:

         a.   In order to receive permit, small wind energy systems shall be approved by a small wind certification program recognized by the American Wind Energy Association or other recognized industry association.

         b.   Prior to permit issuance, the owner shall sign an acknowledgment that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this section. These costs could include, but are not limited to, removal of system, property restoration necessary upon removal of the system, Village legal expenses and hearing costs associated with violations of this section.

      2.   Building Code/Safety Standards: Any owner or operator of a small wind energy system shall maintain said system in compliance with the standards contained in the current and applicable State or local Building Codes and any applicable standards for wind energy systems that are published by the International Building Code and National Electrical Code as amended from time to time.

      3.   Compliance: If, upon inspection, the Community Development Director or his/her designee, concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the Community Development Director or his/her designee, shall require immediate repair or removal of the system at the owner's expense.

      4.   Clearance Height: The minimum clearance for horizontal axis wind turbines is thirty feet (30'). The minimum clearance for vertical axis wind turbines is twelve feet (12').

      5.   Color: Small wind energy systems shall be a monochromatic, neutral, and nonreflective color that matches the color of other structures located on the lot, including other small wind energy systems.

      6.   Style: When more than one small wind energy system is located on a lot, the multiple systems shall be uniform in style.

      7.   Construction: Small wind energy systems shall utilize single monopole type tower without guywires or ground anchors. Guyed towers and lattice towers are expressly prohibited.

      8.   Electric: All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be hidden or enclosed.

      9.   Noise: The maximum noise level allowed for all small wind energy systems shall not exceed fifty five (55) decibels measured at all property lines at operational wind speed.

      10.   Signs: No sign, other than a warning sign or installer, owner, or manufacturer identification sign as permitted by chapter 14 of this title, shall be placed on any component of a small wind energy system.

      11.   Lighting: A small wind energy system shall not be artificially illuminated.

      12.   Right-Of-Way Setbacks: Small wind energy systems shall be set back a minimum of three hundred feet (300') from arterial streets and a minimum of one hundred fifty feet (150') from collector streets. These setbacks apply as an "overlay district" (i.e., not only to the lot immediately fronting these types of streets, but to all lots within these distances).

      13.   Quantity: The number of small wind energy systems permitted on any one site shall not exceed the numbers listed in any of the three (3) columns:

 

      14.   Utility Notification And Interconnection: The utility company shall be informed of the customer's intent to install an interconnected customer owned generator. No small wind energy system shall be installed until proof of acceptance from the utility company has been provided to the Village. Off grid systems (independent systems or systems not connected to the utility electrical system) shall be exempt from this requirement.

   D.   Small Wind Energy Systems; Ground Mounted Standards:

      1.   Permitted Use: Ground mounted small wind energy systems shall only be permitted as an accessory use/structure to an existing principal use/structure and shall have a nameplate capacity of less than one hundred kilowatts (100 kW).

      2.   Setbacks: A ground mounted small wind energy system shall be set back:

         a.   At least 1.1 times its total height from any property line of the lot on which it is located.

         b.   At least 1.1 times its total height from any public road right-of-way.

         c.   At least 1.1 times its total height from any overhead utility lines.

         d.   The entire ground mounted small wind energy system, including ancillary parts, such as any part in motion, shall follow the required setbacks of the subject zoning district.

      3.   Allowed Yards: No ground mounted small wind energy components shall be located in the front or corner side yard of any zoning lot.

      4.   Total Height: Ground mounted small wind energy systems shall be limited to a maximum of fifty feet (50') in total height. Small wind energy systems shall comply with all Federal Aviation Administration (FAA) requirements.

      5.   Access: All ground or tower mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. A tower shall not have step bolts or a ladder within eight feet (8') of the ground that is readily accessible to the public.

      6.   Soil Conditions: A soil analysis may be required as part of the building permit application and inspection process to confirm that the soils meet the minimum bearing capacity assumed by the structural design of the tower and the foundation.

   E.   Small Wind Energy Systems; Principal Structure Mounted Standards:

      1.   Permitted Use: Principal structure mounted small wind energy systems shall be considered accessory uses/structures and shall have a nameplate capacity of less than ten kilowatts (10 kW).

      2.   Setbacks: Principal structure mounted small wind energy systems shall meet all principal structure setbacks and are not allowed as a permitted obstruction.

      3.   Height: The maximum height of a principal structure mounted small wind energy system is eight feet (8') above the highest point of the roofline of the structure it is mounted upon regardless of the zoning district height requirement, up to a maximum total height of fifty feet (50') above grade. Small wind energy systems shall comply with all Federal Aviation Administration (FAA) requirements.

      4.   Size: All principal structure mounted small wind energy systems' individual blades and/or radius from rotor shall not exceed five feet (5') in length.

      5.   Mounting Location: All principal structure mounted small wind energy systems shall be mounted upon the rear face of a sloped roof or to the side or rear facade of a structure. These systems shall be attached to the roof, walls, foundation or other elevated surface of any permanent principal structure.

   F.   Abandonment, Violations And Enforcement:

      1.   Abandonment: All abandoned or unused wind energy systems shall be deemed a nuisance after two (2) months of the cessation of operations unless an extension is approved by the Village Board. The Village may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition within thirty (30) days of removal.

      2.   Violation: It is unlawful for any person to construct, install or operate a small wind energy system that is not in compliance with this section. It is unlawful for a person to disobey; fail, neglect, or refuse to comply with; or otherwise resist an order issued pursuant to this section. A separate offense is deemed committed on each day that a violation occurs or continues.

      3.   Enforcement: The Community Development Director, or his/her designee, may enter any property for which a building permit has been issued under this section to conduct an inspection to determine whether there is any violation of this section or whether the conditions stated in the permit have been met. The Community Development Director, or his/her designee, may issue a citation for any violation of this section. Nothing in this subsection shall be construed to prevent the Village of Sugar Grove from using any other lawful means to enforce this section. (Ord. 2010-06-01B, 6-1-2010; amd. Ord. 2014-08-05B, 8-5-2014; Ord. 2018-03-20C, 3-20-2018)

   A.   Level 1 solar energy system shall be a permitted accessory use as indicated in the table in section 11-4-7 of this chapter subject to the following provisions:

      1.   Ground Mounted Level 1 Solar Energy System:

         a.   Permitted Use: Ground mounted level 1 solar energy systems shall be permitted as an accessory structure in all zoning districts.

         b.   Setbacks: A ground mounted level 1 solar energy system with monopole support structure shall be set back at least 1.1 times its total height from the interior and rear property line of the zoning lot on which it is located. A ground mounted level 1 solar energy system without monopole support shall be set back at least five feet (5') from the interior and rear property line of the zoning lot on which it is located.

         c.   Maximum Lot Coverage: The surface area of ground mounted solar panel(s) shall be included in the maximum lot coverage allowed on a zoning lot.

         d.   Easement: No ground mounted level 1 solar energy system shall be located within a platted easement.

         e.   Public Utility Lines: A ground mounted level 1 solar energy system shall be set back at least 1.1 times its total height or at least ten feet (10') from overhead utility lines.

         f.   Allowed Yards: No ground mounted level 1 solar energy system shall be located within the front or corner side yard of any zoning lot.

         g.   Total Height: Ground mounted level 1 solar energy system shall be limited to a maximum of ten feet (10') in total height.

         h.   Soil Conditions: A soil analysis may be required as part of the building permit application and inspection process to confirm that the soils meet the minimum bearing capacity assumed by the structural design of the pole(s), support structure, and foundation.

         i.   Wiring: All electrical wires associated with a level 1 solar energy system shall be buried.

      2.   Building Mounted Level 1 Solar Energy System:

         a.   Permitted Use: Building mounted level 1 solar energy system shall be permitted as an accessory use as indicated in the table in section 11-4-7 of this chapter.

         b.   Wiring: All electrical wires associated with a level 1 solar energy system shall be hidden or enclosed in conduit.

         c.   Setbacks: Building mounted level 1 solar energy systems shall be set back a minimum of one foot (1') from all edges of the individual roof plane on which they are mounted.

         d.   Height: Non-flush roof mounted systems shall not extend above the highest point of the roof plane on which they are mounted.

         e.   Area: The solar collector panel surface area may equal the area of the roof plane to which they are attached, less required setbacks of the roof plane upon which the solar collector panels are mounted.

         f.   Mounting Location. Panels are permitted on a roof plane facing a street subject to the following conditions:

            (1)   Conduit/piping: no conduit or piping shall be visible on roof surfaces facing a public street.

            (2)   Support Structures: No solar panel supporting structures on roof surfaces facing a public street shall be visible.

            (3)   Commercial and Industrial Property Mounting Location: properties with a commercial or industrial zoning classification may only have solar panels installed on a flat roof that is hidden by a parapet wall or otherwise screened from view.

         g.   Building Code: A building mounted level 1 solar energy system shall meet all weight and wind resistance requirements of applicable Building Codes. A building mounted level 1 solar energy system shall not block access required by the Building Code or fire protection district.

      3.   General Requirements For Level I Solar Energy System:

         a.   Building Permit: A level 1 solar energy system requires a valid building permit prior to installation. Permit application shall include the following:

            (1)   Plat of survey or scaled dimensioned drawing of the zoning lot indicating all buildings on the lot and the proposed location of the level 1 solar energy system.

            (2)   If the system is to be building mounted, a scaled, dimensioned building elevation plan depicting the existing conditions and the proposed level 1 solar energy system. If the system is to be ground mounted, a scaled, dimensioned elevation drawing of the system.

            (3)   Detailed installation drawings and specifications for the system. Plans shall be stamped by a NABCEP PV Installation Professional or solar company shall provide proof of their Illinois Commerce Commission Solar Certification.

            (4)   Proof of certification in compliance with 83 Illinois Administrative Code 468 and proof of certification of electrician installing the system.

            (5)   Proof that notification to the electric power company has been properly completed.

            (6)   UL listing or approved equivalent for all component parts of the level 1 solar energy system.

         b.   Building Standards: Any owner or operator of a level 1 solar energy system shall maintain said system in compliance with the standards contained in the current and applicable State or local Building Codes and any applicable standards for solar energy systems that are published by the International Building Code and National Electrical Code as amended from time to time.

         c.   Compliance: If, upon inspection, the zoning official, concludes that a solar energy system fails to comply with such codes and standards or constitutes a danger to persons or property, the zoning official, shall require immediate repair or removal of the system at the owner’s expense.

         d.   Color: All support structures for small solar energy systems shall be a monochromatic, neutral, and nonreflective color and shall match the color of the material upon which it is being mounted. Multiple solar collector panels shall match each other.

         e.   Style: When more than one solar collector panel is located on a zoning lot, the multiple solar collector panels shall be uniform in style.

         f.   Installation: The level 1 solar energy system shall be installed by a certified installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended and a licensed electrical contractor.

         g.   Illumination: A level 1 solar energy system shall not be artificially illuminated.

         h.   Positioning: A level 1 solar energy system shall not create nuisance glare onto adjacent properties or public rights-of-way. A level 1 solar energy system shall be fixed and non-tracking.

         i.   Quantity: One level 1 solar energy system is permitted per zoning lot; however, the system may include one or more solar collector panels. A ground mounted system and a building mounted system shall not both be installed on a single zoning lot.

         j.   Energy Storage Equipment: All batteries and energy storage systems shall be commercial mechanical equipment, depending on principal use of the building, and shall be regulated as such.

         k.   Solar Easement: The Village does not guarantee access to sunlight for a solar energy system. Owners are encouraged to enter into a legal agreement with neighbors securing such access prior to the application for building permit. The Village shall not be a party to a solar access agreement nor shall the Village deny a building permit based solely on the project’s potential for blocking an adjacent property’s access to sunlight.

         l.   Abandonment And Violations, And Enforcement Of Level 1 Solar Energy System:

            (1)   Abandonment: All abandoned or unused solar energy systems shall be deemed a nuisance after two (2) months of the cessation of operations unless an extension is approved by the Village Board. The Village may act to abate such nuisance and require removal at the property owner’s expense. After the solar energy system is removed, the owner of the property shall restore the site to its original condition or to an approved improved condition within thirty (30) days of removal.

            (2)   Violation: It is unlawful for any person to construct, install or operate a level 1 solar energy system that is not in compliance with this section. It is unlawful for a person to disobey; fail, neglect, or refuse to comply with; or otherwise resist an order issued pursuant to this section. A separate offense is deemed committed on each day that a violation occurs or continues.

            (3)   Enforcement: The zoning official, may enter any property for which a building permit has been issued under this section at any time subsequent to the installation of the level 1 solar energy system with at least twenty four (24) hour notice in order to conduct an inspection to determine whether there is any violation of this section or whether the conditions stated in the permit have been met. The zoning official, may issue a citation for any violation of this section. Nothing in this section may be construed to prevent the Village from using any other lawful means to enforce this section.

         m.   Damaged panels must be replaced within one (1) month of incurring the damage.

         n.   All equipment must be UL certified.

         o.   All conduit, support structures, and any other like components must be painted to match the color of the existing roof and house to which such conduit, support structures, and/or other like components are attached or traverse.

   B.   A solar garden energy system shall meet the following minimum requirements in addition to any special use conditions that the Village Board places on the special use permit.

      1.   Ground Mounted Solar Garden Energy System:

         a.   Security: A ground mounted solar garden energy system shall be enclosed by a self-locking eight foot (8') tall security fence posted with warning signs at all gates. Where this fence abuts properties zoned exclusively for residential uses, the fence shall be a solid wood, metal, or vinyl screening fence.

         b.   Setback: A ground mounted solar garden energy system shall meet the building setback requirements of the zoning district in which the zoning lot is located.

         c.   Screening And Landscaping: Where a solar garden energy system is the principal use of the property, an undulating five foot (5') average height screening berm within the required street setback. The berm shall be planted with landscape materials at the following rate:

               One shade tree per fifty (50) linear feet;

               One evergreen tree per fifty (50) linear feet;

               Three (3) deciduous shrubs per fifty (50) linear feet;

               Three (3) evergreen shrubs per fifty (50) linear feet;

               Three (3) ornamental trees may replace each one shade tree;

               Ornamental grass may replace the deciduous shrubs at a rate approved by the zoning official.

               The site of a ground mounted solar garden energy system which abuts property zoned exclusively for residential uses shall be improved along the transition lot line with landscape materials at the following rate:

               One shade tree per fifty feet (50');

               Three (3) shrubs per fifty feet (50');

               Ornamental grass may replace the shrubs at a rate approved by the zoning official.

               These landscape materials shall be planted between the transition lot line and the solid fence required along this lot line.

         d.   Installation: The solar garden energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.

         e.   Ground Cover: The site of a ground mounted solar garden energy system shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar arrays. The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater run-off. Top soil shall not be removed from the property during construction nor during operation of the facility.

         f.   Special Use Permit Required: Whether the solar garden energy system is a principal use of the zoning lot or an accessory use on the zoning lot, a special use permit shall be required. Either type of use shall comply with the special use permit process outlined in section 11-13-12 of this title.

         g.   Panel Design: All panels shall be consistent in design and color. All panels shall be improved with an antireflective coating and shall not create a nuisance glare. All panels shall be maintained at a uniform height.

         h.   Drainage: A stormwater detention and subsurface drainage system shall be maintained during construction and operation of the solar garden energy system. The owner of the facility shall be responsible for repairing any damage to drain tiles and other drainage systems that result from construction, operation or maintenance of the solar garden energy system.

         i.   Electric Lines: All electric lines shall be buried.

         j.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the Village, by requiring replacement trees:

            (1)   Existing trees, six inches (6") in diameter or greater, as measured at breast height (dbh), shall be preserved, when possible, according to a tree preservation plan prepared by the developer with input from the building and zoning official or designee. The tree preservation plan shall show:

               (A)   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.

               (B)   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.

               (C)   Locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.

            (2)   Where it is determined that trees six inches (6") dbh or greater must be removed to allow for proposed development, tree replacement will be required:

               (A)   Not less than one (1) 3-inch caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured at breast height. However, in no instance shall more than three (3) 3-inch caliper replacement trees be required for any tree removed.

               (B)   Unless otherwise determined by Village Board or zoning official, replacement trees shall be required in addition to any other landscaping that may be required by this title, except landscape screening.

               (C)   The number of trees that an individual property can support, according to good forestry practices, shall determine the number of replacement trees that will be required on an individual lot.

      2.   Building Mounted Solar Garden Energy System:

         a.   Setback: A roof mounted solar garden energy system shall be set back a minimum distance of five feet (5') from the edge of the roof.

         b.   Installation: The solar garden energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.

         c.   Special Use Permit Required: The building mounted solar garden energy system is considered a special accessory use. Building mounted solar garden systems shall be approved through the special use permit process outlined in section 11-13-12 of this title.

         d.   Panel Design: Building mounted solar panels shall be fixed and non-tracking. Solar panels shall be improved with an antireflective coating and shall not produce nuisance glare. Solar panels may be installed on the building walls or as architectural features of the building, subject to Village Board approval.

         e.   Wiring: All wiring shall be enclosed in conduit or buried within the building walls unless specifically approved by the Village Board through the special use process.

      3.   General Requirements For Solar Garden Energy System:

         a.   Abandonment: A decommission plan shall be approved by the Village Board through the special use permit process. At the time of building permit, a letter of credit, or other financial surety instrument approved by the Village Board, in the amount of the estimated cost of decommission, as approved by the Village Engineer, shall be submitted to the Village. If the solar garden is abandoned and not properly decommissioned, the Village shall utilize the funds to restore the property to its original or an improved condition.

         b.   Plan Submission: An application for special use for a solar garden energy system shall include the following minimum information:

            (1)   Plat of survey or scaled dimensioned drawing of the zoning lot indicating all buildings existing and proposed and the proposed location of the solar array and point of interconnection to public utility.

            (2)   Management plan describing how subscriptions will be marketed or how energy will be consumed for a private system.

            (3)   Detailed installation drawings and specifications for the system.

            (4)   Proof of certification in compliance with 83 Illinois Administrative Code 468 and proof of certification of electrician installing the system.

            (5)   Proof that notification to the electric power company has been properly completed.

            (6)   Plan for demolition and site restoration at the end of life of the system.

            (7)   Elevation drawing(s), artist rendering(s), or photographic depictions of how the solar garden facility will fit within the existing landscape.

            (8)   Stormwater management plan.

            (9)   Soil and wildlife conservation plan.

            (10)   Foundation and/or racking plan developed by a professional engineer.

            (11)   UL listing or approved equivalent for all component parts of the solar garden energy system.

         c.   Ownership: The Village shall be notified of any change in ownership and/or management of the solar garden energy system.

         d.   Aviation Protection: If a solar garden energy system is located within five hundred feet (500') of an airport or within approach zones of an airport, the applicant shall provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the interim policy, Federal Aviation Administration (FAA) review of solar energy projects on Federally obligated airports or most recent version adopted by the FAA along with a letter of acceptance of the project design from the FAA.

   C.   Solar farm energy system shall meet the following minimum requirements in addition to any special use conditions that the Village Board places on the special use permit:

      1. Ground Mounted Solar Farm Energy System:

         a.   Security: The solar farm energy system shall be enclosed by a self-locking eight foot (8') security fence posted with warning signs at all gates. Where this fence abuts properties zoned exclusively for residential uses, the fence shall be a solid wood, metal, or vinyl screening fence. An exemption from the solid screening fence requirement may be permitted by the Village Board where the setback established for the solar farm from the transition lot line is at least five hundred feet (500').

         b.   Setback: A ground mounted solar farm energy system shall meet the building setback requirements of the zoning district in which the parcel is located.

         c.   Screening And Landscaping: The site of a ground mounted solar farm energy system shall be improved with an undulating five foot (5') average height screening berm within the required street setback. The berm shall be planted with landscape materials at the following rate:

            One shade tree per fifty (50) linear feet;

            One evergreen tree per fifty (50) linear feet;

            Three (3) deciduous shrubs per fifty (50) linear feet;

            Three (3) evergreen shrubs per fifty (50) linear feet;

            Three (3) ornamental trees may replace each one shade tree;

            Ornamental grass may replace the deciduous shrubs at a rate approved by the zoning official.

            The site of a ground mounted solar farm energy system which abuts property zoned exclusively for residential uses shall be improved along the transition lot line with landscape materials at the following rate:

            One shade tree per fifty feet (50');

            Three (3) shrubs per fifty feet (50');

            Ornamental grass may replace the shrubs at a rate approved by the zoning official.

            These landscape materials shall be planted between the transition lot line and the solid fence required along this lot line.

            An exemption from the requirements of this paragraph may be permitted by the Village Board where the setback established for the solar farm is at least five hundred feet (500') from the street and/or transition lot line.

         d.   Installation: The solar farm energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.

         e.   Ground Cover: The site of a ground mounted solar farm energy system shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar panels. The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater run-off. Top soil shall not be removed from the property during construction nor during operation of the facility.

         f.   Special Use Permit Required: A solar farm energy system shall be considered through the special use permit process outlined in section 11-13-12 of this title.

         g.   Panel Design: All panels shall be of consistent design and color. All panels shall be improved with an antireflective coating and shall not create a nuisance glare. All panels shall be maintained at a uniform height.

         h.   Drainage: A stormwater detention and subsurface drainage system shall be maintained during construction and operation of the solar farm energy system. The owner of the facility shall be responsible for repairing any damage to drain tiles and other drainage systems that result from construction, operation, or maintenance of the solar farm energy system.

         i.   Electric Lines: All electric lines shall be buried.

         j.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the Village, by requiring replacement trees:

            (1)   Existing trees, six inches (6") in diameter or greater, as measured at breast height (dbh), shall be preserved, when possible, according to a tree preservation plan prepared by the developer with input from the building and zoning official or designee. The tree preservation plan shall show:

               (A)   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.

               (B)   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.

               (C)   Locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.

            (2)   Where it is determined that trees six inches (6") dbh or greater must be removed to allow for proposed development, tree replacement will be required:

               (A)   Not less than one (1) 3-inch caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured at breast height. However, in no instance shall more than three (3) 3-inch caliper replacement trees be required for any tree removed.

               (B)   Unless otherwise determined by Village Board or zoning official, replacement trees shall be required in addition to any other landscaping that may be required by this title, except landscape screening.

               (C)   The number of trees that an individual property can support, according to good forestry practices, shall determine the number of replacement trees that will be required on an individual lot.

      2.   Building Mounted Solar Farm Energy System:

         a.   Setback: A roof mounted solar farm energy system shall be set back a minimum distance of five feet (5') from the edge of the roof.

         b.   Installation: The solar farm energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.

         c.   Special Use Permit Required: A building mounted solar farm energy system is considered a special accessory use. Building mounted solar farm systems shall be considered through the special use permit process outlined in section 11-13-12 of this title.

         d.   Panel Design: Building mounted solar panels shall be fixed and non-tracking. Solar panels may be installed on the building walls or as architectural features of the building, subject to Village Board approval. Panels shall be improved with an antireflective coating and shall not create a nuisance glare.

         e.   Wiring: All wiring shall be enclosed in conduit or buried in the building walls unless specifically approved by the Village Board through the special use process.

      3.   General Requirements For Solar Farm Energy System:

         a.   Abandonment: A decommission plan shall be approved by the Village Board during the special use permit process. At the time of building permit, a letter of credit, or other financial surety instrument approved by the Village Board, in the amount of the estimated cost of decommission, as approved by the Village Engineer, shall be submitted to the Village. If the solar farm is abandoned and not properly decommissioned, the Village shall utilize the funds to restore the property to its original or an improved condition.

         b.   Plan Submission: An application for special use for a solar farm energy system shall include the following minimum information:

            (1)   Plat of survey or scaled dimensioned drawing of the zoning lot indicating all buildings existing and proposed and the proposed location of the solar array and electric distribution lines.

            (2)   Management plan describing how subscriptions will be marketed or how energy will be consumed for a private system.

            (3)   Detailed installation drawings and specifications for the system.

            (4)   Proof of certification in compliance with 83 Illinois Administrative Code 468 and proof of certification of electrician installing the system.

            (5)   Proof that notification to the electric power company has been properly completed.

            (6)   Plan for demolition and site restoration at the end of life of the system.

            (7)   Elevation drawing(s), artist rendering(s), or photographic depictions of how the solar farm system will fit within the existing landscape.

            (8)   Stormwater management plan.

            (9)   Soil and wildlife conservation plan.

            (10)   Foundation and/or racking plan developed by a professional engineer.

            (11)   UL listing or approved equivalent for all component parts of the solar garden energy system.

         c.   Ownership: The Village shall be notified of any change in ownership and/or management of the solar farm energy system.

         d.   Aviation Protection: If a solar farm energy system is located within five hundred feet (500') of an airport or within approach zones of an airport, the applicant shall provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the interim policy, Federal Aviation Administration (FAA) review of solar energy projects on Federally obligated airports or most recent version adopted by the FAA along with a letter of acceptance of the project design from the FAA.

(Ord. 2018-03-20C, 3-20-2018; amd. Ord. 2018-07-24E, 7-24-2018; Ord. 2020-1215A,12-15-2020; Ord. 2023-0502A, 5-2-2023; Ord. 2024-0416CD3, 4-12-2024; 2024-0917CD1, 9-17-2024)

Use of a building, structure or land shall be allowed only in the zoning districts indicated and for the purposes specified in the following table of permitted uses. A principal use listed in the table in any district denoted by the letter "P" is permitted by right provided all other requirements of State law, this title, and all other applicable ordinances and regulations of this Code have been satisfied. A principal use listed in the table of permitted uses in any district denoted by the letter "S" is a special use and permitted only subject to the provisions of section 11-13-12 of this title. A use of building, structure or land not indicated by either "P" or "S" is not allowed in that district, except as shall be provided below:

   A.   New Uses: The zoning official may allow a land use to be considered as a permitted or special use which, though not identified by name in a zoning district list of permitted or special uses, is deemed to be similar in nature, and clearly compatible with the listed uses. The official shall consult the Standard Industrial Classification (SIC) Code to determine similarity or compatibility. However, such nonlisted uses shall not be approved until the application for such use has been reviewed by the Village Attorney.

   B.   Addition Of Nonlisted Uses To Zoning Ordinance: All nonlisted uses that shall be approved shall be added to the appropriate use list at the time of periodic updating and revision. The zoning official shall, upon approving a use not specifically listed in this title, notify the Planning Commission/Zoning Board of Appeals and Village Board.

   C.   Additional Standards, Conditions And Requirements: A principal use listed in the table in any district denoted by "*" is permitted subject to satisfaction of additional standards, conditions and requirements as shall be provided in section 11-4-23 of this chapter.

   TABLE OF PERMITTED USES

P = permitted use, S = special use, and * refers to additional standards and criteria in section 11-4-23 of this chapter.