4.1.1. All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, or additions to, existing uses occurring hereafter shall be subject to all regulations of this zoning ordinance, which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

4.1.2. The provisions of this ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare.

4.1.3. Where the conditions imposed by any provisions of this ordinance upon the use of land or buildings or upon the bulk of buildings are more restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

4.1.4. This ordinance is not intended to abrogate any easement, covenant, or any other private agreement; provided, that where the regulations of this ordinance are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this ordinance shall govern.

4.1.5. No building, structure, or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any manner that, said unlawful building, structure, or use is in conflict with the requirements of this ordinance, said building, structure or use remains unlawful hereunder.

4.2.1. If for any reason any one or more articles, sections, sentences, clauses or parts of this ordinance are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance but shall be confined in its operation to the specific articles, sections, sentences, clauses or parts of this ordinance held invalid, and the invalidity of any article, section, sentence, clause or part of this ordinance in any one or more instance shall not affect or prejudice in any way the validity of this ordinance in any other instance.

4.2.2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure, such judgement shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

4.3.1. The uses of land and the erection, alteration, and use of buildings or structures shall be limited to:

4.3.1.1. Uses lawfully established and existing on the effective date of this ordinance;

4.3.1.2. Uses permitted in the zoning district in which the land, building or structure is to be located;

4.3.1.3. Special uses in the zoning district in which the land, building or structure is to be located;

4.3.1.4. Nonconforming uses and those uses rendered nonconforming under the provisions of this comprehensive amendment, each of which shall be subject to the regulations of Article Seventeen on nonconforming uses.

4.3.2. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved and no permit or license shall be issued by any village department, which would authorize the use or change in use of any land or building contrary to the provisions of this ordinance, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this ordinance, except that:

4.3.2.1. Where the construction of a building or structure has begun prior to the effective date of this ordinance and is being diligently brought to completion, said building or structure may be completed and occupied; or

4.3.2.2. Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this ordinance, said building or structure must be started within six months after said permit was issued and diligently prosecuted to completion, in accordance with approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied under certificate of occupancy by the use originally designated, subject to the provisions of Article Seventeen, on nonconforming uses.

4.3.3. In every zoning district, every building hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one principal building on a lot, except as otherwise provided in this ordinance.

4.3.4. More than one industrial, commercial, multiple-dwelling or institutional building may be erected upon a single lot or tract, provided they are developed as a unified development, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any building.

4.3.5. Outlots.

4.3.5.1. No outlot shall be occupied by more than one building.

4.3.5.2. No building located on an outlot may be utilized for more than one use.

4.3.6. Residential room additions. Residential room additions shall be permitted, subject to the following conditions:

4.3.6.1. Room additions shall not cause the dwelling to exceed the floor area ratio (FAR) requirements for the zoning district in which the property is located.

4.3.6.2. Rood [room] additions shall be separated from the original building by a common wall with a doorway or an opening. Separation by a corridor and/or a stairwell is not permitted.

4.3.6.3. A room addition shall not be to create an appearance of an independent structure and/or a possibility of conversion into a second dwelling unit.

4.3.6.4. A room addition shall not contain a kitchen, unless a kitchen is being removed from an original building.

(Ord. No. 91-17, § II, 3-19-91; Ord. No. 96-21, § I, 3-5-96; Ord. No. 2004-112, § II, 12-7-04; Ord. No. 2012-036, § 1(Exh. A), 6-19-12)

4.4.1. New buildings or structures shall conform with the bulk regulations established by this ordinance for the district in which each such building or structure is located. Existing buildings or structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict with or to increase any existing conflict with the bulk regulations of this ordinance for the district in which such structures are located.

4.4.2. No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon, unless each lot, including also the lot containing the structure or use resulting from such division, shall have the minimum lot area and lot width as required in this ordinance for the district in which the lot is located.

4.5.1. A lot of record, at the time of the adoption of this ordinance, in a residence district, which does not meet the requirements of this ordinance as the area and width requirements may be used for a single-family detached dwelling, provided it meets all the other requirements of this ordinance and other applicable village ordinances, regulations, and codes. This exception shall not apply, however, if:

4.5.1.1. Any adjoining lot or tract of land is held under common ownership or comes under common ownership with such exempted tracts of land subsequent to the effective date of this ordinance; and

4.5.1.2. The combined tract has a land area equal to or more than the requirement for a minimum lot size.

4.5.2. A lot of record existing on the effective date of this ordinance, as referred to above, shall be as follows:

4.5.2.1. In all zoning districts, a lot, parcel, or tract of land which was recorded in the office of the Recorder of Deeds of Lake County prior to the effective date of this ordinance; or

4.5.2.2. In all zoning districts, a lot in a subdivision which was so recorded after the effective date of this ordinance, provided a preliminary plat for such subdivision had been given approval, as provided by the Subdivision Control Ordinance of Vernon Hills, prior to the effective date of this ordinance, and a final plat had been submitted and approved by the village board and thereafter recorded in the office of the Recorder of Deeds of Lake County within the time periods required by such subdivision regulations for filing and application for final plat approval and for recording after approval.

4.5.3. The zoning administrator shall issue a zoning certificate for erecting a single-family detached dwelling on a lot of record, upon compliance with all of the foregoing provisions.

4.6.1. Yards and other open spaces as required by this ordinance shall be located on the same lot or parcel as the principal building, structure, or use.

4.6.2. No legally required yards, open space, or lot area for any use or structure shall be used to satisfy yard, open space, or lot area requirements for any other structure or use.

4.6.3. No yards allocated to a building, structure, or use existing on the effective date of this ordinance shall be subsequently reduced or further reduced below the yard requirements of this ordinance; except, that a yard adjoining a street may be reduced in depth in the event and to the extent the right-of-way width of such a street adjoining such yard is subsequently increased.

4.6.4. Through lots.

4.6.4.1. [In] a block where all lots are through lots, the front lot line of vacant lots shall be along the street line designated by the zoning administrator, except when a front line has already been established on one or more lots in the same block, that front lot line shall become the front lot line of all remaining vacant lots in the same block and the required front yard shall be parallel to that front lot line.

4.6.4.2. In a block where there are existing interior lots of record with frontage on only one street, vacant through lots in such block shall provide a front yard on both streets.

(See Figure 10.)

4.6.5. On corner lots, there shall be a front yard on each street frontage which shall conform to the front yard requirements of each district for all buildings and uses, including accessory buildings, structures and uses.

4.6.6. Where 50 percent of the frontage is improved with buildings which have maintained a greater or lesser front yard depth than required, no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure, or, if there are residences upon only [one] side, then beyond the straight line projected from the front of the two nearest residences, but this regulation shall not be interpreted to require a front yard of more than 50 feet, nor to permit a front yard of less depth than that of the nearest building. Where the street is curved, the line shall follow the curve of the street rather than be a straight line. The provisions of this section shall not apply, however, where a building setback line has been established on a recorded plat of subdivision.

4.6.7. Where a lot is used for a permitted use without structures, the required yards shall be provided and maintained as if the use were conducted within a structure.

4.6.8. No obstruction or encroachment shall be erected or maintained in any required yard, except that:

4.6.8.1. The following obstructions are permitted in any required yard:

4.6.8.1.1. Awning[s] attached to the principal building and projecting not more than three feet from the side of the building, and located at least eight feet above the average level of the adjoining ground;

4.6.8.1.2. Arbors, trellises, flag poles, fountains, sculptures, plant boxes and other similar ornamental objects;

4.6.8.1.3. Air conditioning equipment, window units, but not projecting more than 18 inches;

4.6.8.1.4. Architectural entrance structures on a lot not less than one acre in area or at entrance roadways into subdivisions or planned unit developments containing 50 or more lots, but not exceeding three feet above grade and not closer than 15 feet to a lot line;

4.6.8.1.5. Bay windows, projecting not more than three feet, but not within seven feet of a side lot line;

4.6.8.1.6. Chimneys, attached, projecting not more than 24 inches from the principal structure;

4.6.8.1.7. Eaves or gutters projecting 18 inches or less;

4.6.8.1.8. Trees, shrubs and hedges in any yard, except within a "sight distance zone" as defined by Figure 12;

4.6.8.1.9. Flowers and landscaping;

4.6.8.1.10. Unenclosed porches, decks, stoops, and platforms, that do not extend above the level of the first floor of the building, and which do not provide a minimum of four feet of landing area, may extend or project into any required front, side, or rear yard not more than four feet, plus the depth of the required steps;

4.6.8.1.11. Ornamental light standards;

4.6.8.1.12. Signs and nameplates as regulated by the Vernon Hills Sign Ordinance;

4.6.8.1.13. Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 12 inches; and

4.6.8.1.14. Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or public way.

4.6.8.2. In any required rear yard, the following additional obstructions are permitted, but not to exceed 40 percent cumulative rear yard ground coverage:

4.6.8.2.1. Central air conditioning units, heat pumps and solar collecting equipment, but not more than four feet from the principal structure, provided the unit is properly screened;

4.6.8.2.2. Balconies, but not projecting more than 12 feet;

4.6.8.2.3. Detached garages provided they are more than ten feet from the principal structure, or not closer than seven feet to the rear or side lot lines;

4.6.8.2.4. Open off-street parking spaces and loading spaces;

4.6.8.2.5. Playground and laundry drying equipment;

4.6.8.2.6. Decks, patios, swimming pools, sheds, storage buildings, playhouses, and other structures customarily incidental to the principal use of the property;

4.6.8.3. Fences are permitted in accordance with the provisions of section 4.8.

(Ord. No. 91-24, §§ I—III, 5-14-91; Ord. No. 2000-30, §§ I—III, 5-2-00; Ord. No. 2012-036, § 1(Exh. A), 6-19-12)

4.7.1. Except as provided below, accessory structures, uses, and recreational equipment are permitted, subject to the following:

Exceptions:

1.

In residentially zoned districts, the following recreational equipment is prohibited outdoors:

a.

Wrestling/boxing rings.

b.

Archery and shooting targets involving the use of bows, arrows, guns, and slingshots.

c.

Trampolines greater than 16 feet in diameter or 220 square feet in area.

d.

Recreational equipment and open play systems (swing sets) that exceed 14 feet in height.

4.7.1.2. Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock, or other animals except household pets. The foregoing shall not apply on such lots where the pursuit of agriculture is a permitted principal use;

4.7.1.3. Accessory buildings, structures, and uses shall not be erected or altered in required yards, courts, or other open areas, except those that are herein permitted as obstructions in yards, courts, or other open areas in accordance with section 4.6.8;

4.7.1.4. In residential districts, no accessory building shed, play-house or tree-house, other than private garages, shall exceed ten feet in height and 120 square feet in floor area. At any time, there shall not be more than one shed, one play-house and one tree-house located on a lot;

4.7.1.5. In residential districts, no garage shall be greater than 14 feet in height, 24 feet in length, 36 feet in width, and closer than ten feet to the main building. At any time, there shall not be more than one detached garage located on a lot;

4.7.1.6. In residential districts, no gazebo shall be greater than 14 feet in height or exceed 210 square feet in floor area;

4.7.1.7. In residentially zoned districts and unless otherwise prescribed within subdivision restrictive covenants or development agreements sheds, storage buildings, playhouses, gazebos, tree houses, open play systems (swing sets), recreational equipment (excluding basketball standard, backboard, and basket assemblies) and similar structures shall be located in the rear yard only, a minimum of seven feet from any lot line, a minimum of three feet from another building or structure, and shall not encroach into any recorded easement.

Except as provided below, in residential districts any structure or equipment erected for recreational purposes, including but not limited to, batting cages, sport courts, and practice nets utilized for the purpose of hitting, throwing, batting or kicking any type of ball, disc, puck or object into, over or under a net, matt or goal must be disassembled and stored within the dwelling unit or approved accessory structure which complies with this ordinance between November 1 and March 1 of each year.

Exceptions:

1.

Basketball standards, backboard, basket and net assemblies.

2.

Recreational equipment customary to passive winter recreational activities.

3.

Portable hockey nets six feet or less in height.

4.

Trampolines in compliance with all requirements referenced herein

4.7.1.9. In residential districts decks and patios shall be located a minimum of six feet from any lot line and shall not encroach into any recorded easement.

4.7.1.9.1. In residential districts swimming pools shall be located in the rear yard, shall not encroach into any recorded easement, and the inside wall of the pool shall be located a minimum of ten [feet] from any side or rear lot line.

4.7.1.10. No structure shall be located closer than seven feet to an adjoining lot line, except that on corner lots:

No structure shall be located nearer to the rear lot line than the distance of the required side yard for the lot adjoining the rear lot line; and

No structure shall be located nearer to the street line than the distance required for a yard adjoining a street.

4.7.1.11. No accessory building or structure that is not in a residential district shall be more than 25 feet in height;

4.7.2. Temporary buildings for construction purposes may be erected and maintained for a period not to exceed the time of such construction and must be removed within 30 days after construction ends.

4.7.3. Home occupations are permitted in residential districts; provided, that the home occupation shall be conducted in such a manner that it does not change in any way the residential neighborhood atmosphere or infringe on the rights of abutting and adjoining homeowners or residences; and further providing, that:

4.7.3.1. The occupation shall be conducted wholly within the principal building and operated by someone who is a legal, full-time resident of the premises.

4.7.3.2. No occupational use shall be made of garage facilities serving the principal use, whether attached or detached;

4.7.3.3. No more than one person who is not a member of the family residing on the premises shall be employed, with the exception of day care homes that may require additional employees per State regulations;

4.7.3.4. A separate entrance shall not be provided in conjunction with the conduct of the occupation;

4.7.3.5. No alteration of any kind shall be made to the principal building which changes its residential character as a dwelling unit;

4.7.3.6. No outdoor storage shall be allowed;

4.7.3.7. The occupation shall not involve more than a total of 300 square feet of the area of a dwelling unit;

4.7.3.8. No sign shall be permitted on the premises, except a nameplate one square foot in area;

4.7.3.9. There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods or equipment by other than passenger-sized motor vehicles, three-quarter-ton step-up van or similar-sized trucks;

4.7.3.10. There shall be no perceptible noise, odor, smoke, electrical interference or vibrations emanating from the structure in which the home occupation functions;

4.7.3.11. The home occupation shall be conducted in such a manner that it does not create parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood.

4.7.3.12. The total number of visitors, children, students, not including the resident, served by a home occupation at one time shall not exceed six.

4.7.3.13. Day care homes are permitted, subject to the following:

1.

The home daycare is subject to the licensing requirements of the Department of Children and Family Services, and periodic inspections as may be required by the State and local fire marshals.

2.

The licensed operator shall reside on the property where the home occupation is operated.

3.

As a permitted accessory use, the maximum number of children served at one time, including the operator's children, is six.

4.

In order to care for seven or more children, a special use permit is required, subject to the procedures described in Article 18. The recommendation of the planning and zoning commission may be to approve fewer children than requested if, in its determination, additional children would negatively impact adjacent properties or the subject property itself is not configured to accommodate additional children. In reviewing a home daycare special use petition, the commission may consider factors such as: drop-off/pick-up configuration, proximity to other home daycares, availability of outdoor space, and comments from life safety inspections.

4.7.3.14. Except as provided, the parking or storing of construction or landscaping equipment, vehicles, or materials outside the dwelling, within an attached garage, or detached accessory structure, is prohibited.

Exception: Not more than one vehicle, and trailer, used in connection with a home occupation shall be stored or parked on the property or on the public right-of-way adjacent to the property from which the home-based business is operated. Any such trailer shall be stored or parked within an enclosed garage at all times.

4.7.3.15. Long-term rentals as defined herein, that is occupied as a single housekeeping unit to a person(s) other than the owner of the subject property for a period or term of not less than 12 months is hereby permitted.

4.7.3.16. Short-term rentals as defined herein, all or part of which being rented or otherwise let to a person(s) other than the owner of the subject property for a period or term that is less than 12 months is hereby prohibited.

4.7.4. In the residential districts, the outdoor parking and storage of motorized and non-motorized recreational vehicles is regulated as follows:

4.7.4.1. Parking and storage requirements:

A.

Parking on single-family residential lots prohibited; exception.

1.

No person shall park or store a recreational vehicle, or allow a recreational vehicle to be parked or stored, on any single-family residential lot within the village outside of a garage unless the following conditions are met:

a.

Not more than one recreational vehicle more than 20 feet in length may be parked or stored outside of a garage.

b.

Every recreational or motor vehicle must be parked or stored on a paved driveway or pad located a minimum of five feet from any interior side or rear yard property line.

c.

No recreational vehicle shall exceed 28 feet in length, or ten feet in height, or 8½ feet in width.

d.

Every recreational vehicle parked on a single-family residential lot shall be owned by the resident or occupant on whose property it is located and shall be so maintained, that it does not constitute a violation of the Vernon Hills ordinance pertaining to a "nuisance."

e.

No recreational vehicles shall contain goods, materials or equipment other than those items which form a part of the vehicle or which are equipment accessory to its use.

f.

No recreational vehicle shall have its wheels or hitches removed, or be affixed to the ground in any way which delays its quick removal.

g.

No part of any recreational vehicle parked or stored on private property in such a way as to create a dangerous or unsafe condition. Recreational vehicles shall not extend into or over any public sidewalk, street, or other required setback as defined in this ordinance.

h.

No part of any recreational vehicle, which is more than 20 feet in length, shall be parked or stored closer to the public right-of-way than the building face located on the property where it is stored.

i.

No recreational vehicle shall be used for living, sleeping, cooking or household purposes, except that guests of the residence may occupy one for sleeping purposes only, for a period not to exceed 72 consecutive hours. The total number of days that such temporary occupancy may be permitted shall not exceed 14 days in any calendar year.

j.

No recreational vehicle shall be connected to sewer lines, water lines, or electricity. Temporary electrical or water connections are permitted for charging batteries, filling tanks, and temporary occupancy in accordance with paragraph i. above.

k.

When any recreational vehicle is equipped with liquefied petroleum gas containers, such containers shall meet the standards of either the Interstate Commerce Commission or the Federal Department of Transportation or the American Society of Mechanical Engineers, as such standards exist or are hereafter amended. Further, the valves of such liquefied petroleum gas containers must be closed when such towed trailer or boat is not being readied for immediate use, and in the event that leakage is detected from such liquefied petroleum gas containers, immediate corrective action must be taken.

l.

The ground area adjacent to or under any parked or stored recreational vehicle must be free of noxious weeds, tall grass or debris and shall not be used for the storage of any other material or goods.

m.

Recreational vehicles may be parked on the driveway closer to the front property line than the closest wall of the building only for purposes of cleaning, maintenance or other preparation for no more than two consecutive seven-day periods during the period of April 1 thru October 30 of each year. The total of the two consecutive seven-day periods of driveway parking shall also be the maximum number of cumulative days a recreational vehicle may be parked in the driveway closer to the front property line than the closest wall of the building during said period.

n.

Temporary parking of the unit on the front yard driveway is permitted for loading, unloading and overnight parking before and after use.

4.7.4.2. If a person cannot comply with [section] 4.7.4.2. above because their [his] rear yard is adjacent to a street and is therefore defined as a front yard, they [he] may park the recreational vehicle in the rear yard provided that a wall, solid fence or densely planted natural vegetation not less than six feet in height be constructed or planted in the rear yard between the vehicle and any adjacent streets.

(Ord. No. 90-43, § II, 9-18-90; Ord. No. 91-30, § II, 5-21-91; Ord. No. 2000-30, §§ IV—XI, 5-2-00; Ord. No. 2001-39, §§ I—III, 6-5-01; Ord. No. 2003-68, §§ I—V, 11-4-03; Ord. No. 2004-112, §§ III—VIII, 12-7-04; Ord. No. 2007-66, § I, 11-20-07; Ord. No. 2012-036, § 1(Exh. A), 6-19-12; Ord. No. 2018-104, § I(Exh. A), 6-5-18; Ord. No. 2025-012, § II, 2-4-25)

4.8.1 Prohibited fences. The following fences are prohibited:

(1)

Chicken wire, barbed wire, welded mesh wire and electrically charged wire fences.

(2)

Snow fences, except for exclusive control of snow between November 1 and March 31 and as authorized by the zoning administrator for special events or construction sites.

(3)

Fences made of solid plywood, scrap lumber, temporary fencing and similar noncustomary materials.

(4)

Fences made of common concrete or cinder block.

(5)

Fences topped with sharp-edged or spiked material, except this shall not prohibit picket fences.

(6)

Fences on any portion of any public right-of-way, except fences erected by a governmental entity.

(7)

Fences, shrubs, or hedges that interfere with clear vision at or near a street intersection in an area enclosed by a triangle as indicated on Figure 12, Site Distance Zone. In any case, no fence shall be erected closer to a street right-of-way intersection than 30 feet.

(8)

Fences so constructed as to prevent natural water drainage and/or water runoff.

(9)

Masonry fences in a required front yard, easements or drainage swale.

(10)

Fences with posts with the rough or unfinished side of the fence facing toward the street or neighboring property.

(11)

Fences built parallel to existing fences, except as provided for dog runs, privacy enclosures and fences around swimming pools.

4.8.2 Regulations for permitted fences:

(1)

Residential uses. Fences may be erected to a height of six feet, measured from adjacent finished grade to the highest point of the fence, except that fence posts may be six inches higher than the six feet. Where the contour of the land contains abrupt changes of grade, the fence may be stepped with the six-foot height measurement over grade, as an average for a six-foot section of fence.

(2)

Business and industrial uses. In business and industrial districts, fences may be erected to a height of seven feet, measured from the adjacent finished grade to the highest point of the fence, except that fence posts may be six inches higher than the seven feet. Where the contour of the land contains abrupt changes of grade, the fence may be stepped with the seven-foot measurement over grade, as an average for a six-foot section of fence.

(3)

All uses.

(a)

No fence, other than decorative fences as provided in subsection (b) below, shall be constructed or installed in any front yard. Fences may be installed in the interior side yards and the rear yards. No fence shall be constructed or installed beyond the front corner of the adjoining neighbor's building. Fences in side yards adjoining streets shall be constructed as outlined in subsection (g) below and as illustrated in Figure 14.

(b)

Decorative landscape fences not exceeding four feet in height and ten feet in length in any one direction or 20 feet in total length shall be allowed. Said fences shall be 50 percent see-through and be of split rail or picket design. A cyclone-type fence shall not be allowed.

(c)

Public service uses and all regulation size tennis courts shall be exempt from the height limitations.

(d)

Patio privacy fences not exceeding six feet in height shall be permitted to enclose an area not to exceed 500 square feet. Such fences shall be no closer than five feet to a property line.

(e)

Except as provided, a dog enclosure or run, not to exceed six feet in height, shall be permitted to enclose an area not greater than 20 percent of the rear yard, provided it is set back at least ten feet from all property lines.

Exception: A pet enclosure may be located in the side yard when the following conditions exist:

1.

The enclosure will not encroach closer to the side property line than the closest closer exterior wall of the dwelling.

2.

At least two exterior walls of the dwelling are used as part of the enclosure.

3.

An exterior door leads directly from the dwelling, or attached garage, into the enclosure.

4.

The remaining side(s) of the enclosure shall be constructed of a solid wooden or masonry-type fence and gate.

5.

No gas, electric, water meter, or remote sensor shall be within the enclosure.

(f)

All fences, except those listed below, shall be constructed as near as practicable to, but not more than 12 inches from[,] a property line:

1.

Privacy fences.

2.

Dog runs or enclosures.

3.

Decorative fences as provided in subsection (b) above.

4.

A fence along a property line abutting a public right-of-way in which case the fence shall be set one foot from the property line.

5.

Any section of fence used to connect a principal building with a fence located along a property line. (See subsection (g) below.)

6.

Decorative fences less than two feet in height which are intended to protect landscaping, including but not limited to trees, bushes, shrubbery, and gardens. However, such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

7.

A fence extending from the dwelling to a detached garage for the purpose of enclosing the rear yard or portion thereof.

(g)

On corner lots and reverse corner lots, a corner side yard fence may be constructed to a point which does not extend beyond the front wall of the building on the adjoining property, except that decorative fences not exceeding four feet in height shall be permitted. Such fence shall be a minimum of 50 percent open. Cyclone or chain-link type fences shall not be permitted. (See Figure 14).

(h)

A gate or permanent opening of at least three feet shall be provided in any fence which fully encloses an area.

(i)

Applicability of building code. All provisions of the building code of the Village of Vernon Hills apply to the construction of fences. In the event of a conflict, the provisions of this ordinance shall control.

(Ord. No. 90-58, 11-13-90; Ord. No. 91-44, § 1, 7-16-91; Ord. No. 92-61, § I, 10-6-92; Ord. No. 93-69, § I, 9-21-93; Ord. No. 2000-30, § XII, 5-2-00; Ord. No. 2004-112, § IX, 12-7-04; Ord. No. 2012-036, § 1(Exh. A), 6-19-12)

Cross reference— Residential fence locations, App. C, Art. Twenty-Seven, Figure 13.

No building or structure shall be erected or altered so as to have a greater height than permissible under the regulations for the district in which the structure is located, except that:

4.9.1. A public, semipublic or public service building, hospital, institution or school, when permitted in a district, may be erected to a height not exceeding 60 feet, and a house of worship may be erected to a height not exceeding 75 feet, if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located; and

4.9.2. Radio, television, or similar antennas may be permitted to a height not to exceed 25 feet above the height of the building, providing that the antenna is set back from each property line at least one foot for each foot of additional antenna height above the building height limit of the zoning district.

(Ord. No. 2000-30, §§ XIII, XIV, 5-2-00)

_____

4.10.1. Every dwelling unit shall comply with the following minimum habitable area requirements:

Table I  

_____

[4.10.2. Habitable area.]

4.10.2.1. For the purposes of this section, habitable area shall be the horizontal square foot area of all floors of a dwelling unit above the finished grade, measured from the inside surfaces of all the perimeter walls enclosing the dwelling unit; however, habitable area shall not include cellar, basement, garage, attic, porches, patios, atriums, or similar areas which are accessory to a dwelling unit, except that finished recreation rooms may be permitted in a basement and will be counted as habitable area up to ten percent of the total habitable floor area requirement.

4.10.2.2. Where the dwelling unit is multilevel, tabular square foot area can be divided evenly or unevenly between levels, providing the total required square foot area requirement is met. Only levels above the finished grade may be included in the computation of the minimum habitable area.

4.10.3. The planning and zoning commission shall set the required square foot requirements for habitable area for any other combination of bedrooms and floor or level building designs.

(Ord. No. 589, § 1, 7-28-87)

4.11.1. Limited reduction permitted. Because lifestyle needs may not be totally dependent on the minimum habitable areas specified the minimum habitable areas may, in the discretion of the board of trustees, be reduced by not more than ten percent in specific developments, but only if the character of those developments will be compatible with nearby developments or neighborhoods containing larger homes.

4.11.2. Qualifying standards. To qualify for a reduction in minimum habitable area of up to ten percent, the single-family lot or multiple-family building must be part of an approved planned unit development of at least five acres, and the board of trustees must find that the development presents a unique residential environment because it conforms to the following standards:

(1)

Use of attractive site design and inclusion of attractive landscaping elements.

(2)

Preservation of mature trees.

(3)

Use of attractive architectural design.

(4)

Use of masonry materials in dwellings:

(a)

For lot sizes of 12,000 square feet and under, at least one third of the exterior features of the house must be masonry;

(b)

For lot sizes of more than 12,000 square feet, at least two-thirds of the exterior features must be of masonry construction.

(5)

Use of outdoor architectural features such as decks and patios.

(Ord. No. 589, § 1, 7-28-87)

No building, building addition, parking facility or driveway shall be constructed in any zoning district, except single family residential on individual lots, unless a site plan and architectural plan showing the overall design and arrangement of the tract or lot and design of the building has been reviewed by the planning and zoning commission and approved by the board of trustees. The site plan shall show the location and arrangement of all proposed buildings, parking areas, walks, lighting, landscaping, driveways and points of ingress and egress, appurtenant facilities, the location, size and design of all signs, and shall be in compliance with the restrictions contained in this ordinance. The architectural plans shall show the interior layout of the building including the main entrance and secondary exits and include color renderings of the exterior elevations of the main building and accessory structures. Samples of exterior materials shall also be provided.

(Ord. No. 2012-036, § 1(Exh. A), 6-19-12)

Editor's note— Section 4.11 has been renumbered as 4.12 in order to accommodate provisions of Ord. No. 589, § 1, adopted July 28, 1987, designated as § 4.11.

4.13.1. Definitions.

Antenna. The array of wires, metal rods or panels used in the sending or receiving of wireless telecommunications. Dish type devices for said purposes are included in this definition.

Antenna support structure. Any mast, pole, tripod, tower, or similar structure used to support an antenna.

Antenna system height. The total height above grade of the antenna support structure, alternative antenna support structure and antenna.

Alternative antenna support structure. Existing light poles, water towers, roofs of buildings and similar mounting structures the primary function of which is not to support an antenna but which could be utilized for this purpose as a secondary function.

4.13.2. Location. Antenna support structure and alternative antenna support structure sites shall be allowed in B-1, BP, OR&D, and PIB zoning districts and shall require a special use permit. Antenna support structures and alternative antenna support structures in the COS and all residential zoning districts may be allowed only if, in addition to a special use, a variation, subject to village procedures is granted; it being the intent of this ordinance that hardship and unique circumstances, as well as proof why an antenna can not be located on an existing structure in an adjacent zoning district, must be established before the antenna support structure or alternative antenna support structure may be considered for special use approval. Such special use application shall be subject to the requirements of section 4.13.15.

4.13.3. Co-location. It is the purpose and intent of this ordinance to encourage and assist in co-location on antenna support structures and alternative antenna support structures wherever possible for the purpose of reducing visual blight and improving public safety from an overabundance of antenna support structures. A major factor in the consideration of approval of antenna support structures above 80 feet shall be whether or not co-locating multiple antennas on the same structure is possible. An existing antenna support structure on which a legal wireless telecommunication facility is already located shall be preferred as an antenna location over any new antenna support structure. A new antenna shall be permitted to be located on an existing antenna support structure or alternative support structure without requiring a special use permit, unless the existing antenna has not been granted a special use permit. In the event that a special use is not required for an antenna, said antenna shall require village board approval and meet the criteria stated in section 4.13.15.

To further the co-location goals, the following regulations shall apply: The height restrictions in this ordinance applicable to antenna support structures, shall be extended to allow as a matter of right an additional 15 feet of overall height for every additional co-location site provided on the proposed tower up to a maximum of 45 additional feet in overall height. In order to qualify for the additional height, the owner must agree to execute a co-location agreement in the form prescribed by the village. In the event the telecommunication provider, who constructed the antenna support structure, refuses to accept a co-locator on said antenna support structure at commercially reasonable rates, the special use granted for said structure shall expire without further action of the village and said structure must be dismantled and taken down.

4.13.4. Preferred sites. In an effort to assist the telecommunication providers in locating antenna support structures in appropriate locations in the village, those areas indicated on the village zoning map maintained in the village building department entitled "Telecommunication Antenna Support Structure Preferred Locations" shall require staff review to determine compliance with the criteria set forth in this telecommunication siting ordinance and then a final determination shall be made by the village board without the requirement of a special use permit.

4.13.5. Placement on site. Antenna support structures, equipment buildings and accessory equipment and appurtenances shall not be placed within the required front yard or in any public utility easements. Placement within the required rear and side yards may be permitted by the village board.

4.13.6. Screening ground mounted equipment from view. All the ground mounted equipment and other non-tower structures required by the wireless telecommunication transmission shall be fully screened from view from all sides by solid wood fencing and landscaping whenever possible. If the equipment can not be completely screened, the building structure and/or equipment cabinet shall, in addition to landscaping, be required to be built with materials that are compatible with the principal structure and/or adjacent structures on the lot and/or in the vicinity or be painted to blend in with their surroundings. Any roof mounted equipment shall be screened from view from all sides.

4.13.7. Routing 911 calls. When technology will permit a regional PSAP to receive and dispatch W911 calls with the same (or higher) operational efficiency as one central countywide PSAP, if the village seeks to cause the creation and implementation of a regional PSAP for W911 calls and such regional PSAP is to be implemented from the outset as part of an efficient PSAP administrative arrangement, then each provider shall cooperate with the village in its efforts to do so.

For purposes hereof, the term "W911 Calls" means wireless telecommunication 911 calls; the term "PSAP" means a public safety answering point, as such term is in common use within the telecommunications industry; the term "operational efficiency" means the demonstrable percentage of all W911 calls within the county on an annual basis that are received at the proper PSAP without having been transferred from another PSAP; the term "device" means a transmitting or receiving device that is part of a wireless telecommunication transmission site used to provide service; the term "server" means one or more devices installed singly or as a group so as to provide service within an intended geographic area; and the term "efficient PSAP administrative arrangement" means an implementation arrangement for routing and handling W911 calls that (1) provides for allocation of all of the servers within the county to no more than five PSAPs serving the county; (2) provides for the allocation of all of the servers within the county in such a manner as to prevent any geographic area from being unserved by a PSAP, and (3) includes either a consortium of the county governmental units or a single intergovernmental agency or countywide administrator or administrative body, with (a) the authority to determine for all of the county which PSAP will be the routing recipient of W911 calls from each server of each wireless telecommunication transmission site within the county; and (b) the authority to set and enforce minimum standards for PSAP equipment, equipment upgrade or replacement, and personal hiring, training, scheduling and performance.

4.13.8. Permits required. Antenna support structures and antennas greater than two meters in length or diameter shall not be installed without first obtaining a special use permit and a building permit, unless located on the map referenced in section 4.13.4 and unless the antenna is located on an antenna support structure for which a special use has been previously granted. Antennas less than two meters in length or diameter shall only require a building permit. Due to the location of the FAA Vortac flight navigation facility within the village, all antenna support structures and alternative antenna support structures within the village, which are above 50 feet in height, shall require an approval from the FAA prior to a special use or building permit being issued.

4.13.9. Antenna size. The wireless telecommunication service provider shall utilize the smallest antennas that will properly perform the intended functions and shall be installed at a minimum height to achieve the intended function. The village may, at its discretion, retain the services of an independent consultant to evaluate the data provided by the petitioner. All reasonable costs associated with such evaluation shall be borne by the petitioner(s).

4.13.10. Appearance. The antenna, its supporting structure and the service equipment shall be kept in a sightly condition, straight and free of rust and peeling paint. No logos or company insignia shall be displayed on such antennas. The initial color and any subsequent changes shall be approved by the village board. No illumination shall be permitted, unless required by FAA.

4.13.11. Proximity to residential zoning districts. Antenna support structures shall not be installed closer than 1,000 feet to any Vernon Hills residential zoning district except that any property shown as a preferred sites as defined in section 4.13.4 and zoned PIB, Public and Institutional Buildings, shall be exempt from the requirements of this section.

4.13.12. Antennas locating in residential zoning districts. Antennas may be located in any residential zoning district, subject to a special use permit and building permit, it if can be installed in such a manner that it is not visible to the residents. Antenna support structures shall be prohibited in the residential zoning districts.

4.13.13. Termination of use. One of the conditions of a special use permit shall be that all equipment, structures and foundations be removed if the antenna and/or the antenna support structure is not in service. The telecommunication service provider shall provide the village with a copy of the FCC notice that an antenna site is taken out of service. Failure to provide such copy of the FCC notice, or failure to remove the antenna support structure within six months of the date of such FCC notice shall result in a penalty of $10,000.00. Further, the village retains the right to remove said antenna and/or antenna support structure after said six month period and charge all reasonable costs and expenses of removal and restoration to the owner.

4.13.14. Application information. Each petitioner for a special use permit to install an antenna or antenna support structure within the village limits shall, along with a special user permit application and its related information, submit the following information:

a.

Written facility description with a list of all existing facilities and, upon specific request by the village staff, all known future cellular facilities within the village corporate limits. The location of each cell site should be presented on a map, including the type of structure (stand alone vs. roof top, antenna system height, etc.)

b.

Letter delineating how the proposed facility meets the guidelines established in sections 4.13.2 through 4.13.15.

c.

Written documentation establishing the efforts undertaken to locate on or in an existing structure at publicly used buildings and structures, co-location sites and industrial sites and the results of these efforts.

4.13.15. Additional evaluation criteria. In addition to the antenna support siting criteria described above, the following point scoring shall be utilized in the evaluation of the acceptability of placement of an antenna support structure within the village limits. The purpose of the point scoring is to discourage single user antenna support structures above 40 feet in height and to encourage co-location for antenna support structures above 90 feet. In order to be considered for a special use permit a proposed antenna support site shall accumulate at least 20 points.

a.

Antenna support structure height without co-location:

b.

Antenna support structure location:

c.

Co-location sites:

[d.

Located within certain roads:]

Designed for co-location means that the antenna support structure has been designed so as to enable placement of antennas and the accessory equipment by one or more additional service providers and that the antenna support structure owner has a written policy outlining the commercially reasonable terms and conditions of such co-location.

(Ord. No. 96-20, §§ I, II, 3-5-96; Ord. No. 96-50, § I, 7-16-96; Ord. No. 98-37, § I, 6-2-98; Ord. No. 2008-060, § Ib., 10-7-08)

Sec. 4.14.1. Introduction/purpose. Because the village does not impose a village real estate tax on properties located in the village, the village is forced to rely almost exclusively on retail sales generated from the village to fund its municipal services. The major source of retail sales (approximately 85 percent) in the village is located within the core retail area of the village as set forth on the village's zoning district map.

The purpose of this section is to regulate the conversion or elimination of existing retail sales establishments within its core retail area. In doing this, the village will preserve and enhance its largest source of operating revenue, being sales tax, while also working with the property owners to maintain a viable tenant mix on various properties within the core retail area.

Sec. 4.14.2. Definitions.

1.

Retail sales establishment (RSE)—A retail establishment engaged in selling goods or merchandise to the general public, other retailers, contractors, or businesses, where such sales constitute the primary function of the business, all of which result in the payment of state and local sales taxes as defined by ILCS/35/120. The retail sales establishment may also include the rendering of services incidental to the sale of such goods.

2.

Core retail area overlay district (CRA)—The CRA is defined as the commercially zoned properties generally located along Milwaukee Avenue (Route 21) and Townline Road (Route 60) and specifically defined as the core retail area on the village zoning district map where a variety of land uses are permitted including retail sales establishments and service oriented uses including legal or financial institutions, various offices or similar uses.

3.

Commercial areas—The CRA is divided into ten commercial areas which contain individual RSE and non-RSE properties or building(s) as defined in the Initial Findings Report prepared by Rolf C. Campbell & Associates, Inc., dated April 30, 2010.

4.

Certificate of building and use conversion (CBUC)—The CBUC is issued by the village upon approval by the village board and is required when changes are proposed to floor areas sizes of certain RSE which may result in the reduction of retail sales tax generating floor spaces and the potential loss of sales tax revenue to the village.

Sec. 4.14.3. Applicability. This section shall apply to all properties located within the CRA district as designated on the village's zoning map.

Within the CRA district, the conditions upon which a certificate of building and use conversion must be obtained from the village are as follows:

1.

Single Use Building When any property within the CRA district, being a single use building which exceeds 20,000 sq ft of gross floor area, whether occupied or vacant and which is or was defined as a retail sales establishment (RSE) and the owner or tenant proposes the reduction in or conversion of the existing floor area of the RSE below 80 percent of the gross floor area to a non-RSE.

2.

Multiple Units under Common Control. In a shopping center, whether in a single multi-tenant building or multiple buildings held in common ownership, any conversion proposed that would reduce the RSE floor area below 80 percent of the total floor area.

3.

Hawthorn Mall. In areas of the mall held in common ownership, any conversion that would reduce the RSE floor area below 65 percent of the total floor area.

For the purpose of this section, the replacement of one non-RSE for another of the exact same size or less or with an RSE shall not require the issuance of a certificate of building and use conversion. However, the requirements of section 4.12 Building site review shall still apply.

With the exception of Hawthorn Mall, all gross floor area or leasable spaces calculations shall be based on the ground floor dimensions.

Sec. 4.14.4. Requirements.

A.

For all applicable properties as set forth in section 4.14.3, the owners must maintain a minimum of 80 percent of building floor area per building for RSEs (65 percent for floor area at Hawthorn Mall held in common ownership).

B.

A certificate of building and use conversion shall not be required for any conversion of space where the gross floor area will meet or exceed the restrictions set forth in item A., above.

C.

For properties with multiple buildings located within a unified retail center under single ownership, the maximum amount of non-RSE for a unified retail center may be shifted into one building which may cause that building to exceed the maximum percentage of non-RSE per building. This provision is subject to issuance of a certificate of building and use conversion per 4.14.3(1).

D.

A new certificate of building and use conversion shall be required for any building or property where a certificate of building and use conversion has been previously granted, in order to further increase the percentage of non-RSE floor area.

E.

For the purpose of calculating non-RSE for a building, vacant units shall be considered part of the RSE floor area.

F.

New construction or additions intended for immediate use by a non-RSE shall be considered additional non-RSE floor area, and require a conversion certificate if the resulting non-RSE square footage will exceed 20 percent of the total floor area (or 35 percent for Hawthorn Mall).

Sec. 4.14.5. Review Process. Prior to building site review as required by section 4.12 of the zoning ordinance and/or issuance of a building permit and/or issuance of a certificate of occupancy, whichever is the first to occur, a property owner and petitioner shall appear before the board of trustee's committee of the whole for review of a certificate of building and use conversion. For non-RSEs requiring Special Use approval, the conversion certificate request shall be considered by the Committee of the Whole prior to the public hearing for the special use. The review procedure shall be as follows:

A.

An application for certificate of building and use conversion, required fee per chapter 25 and the following information shall be submitted to the village clerk 30 days prior to the scheduled meeting:

1.

Detailed description of the project.

2.

List of the proposed uses for the building including specific business names, if possible.

3.

Proposed site plan locating the building on the property and existing and proposed floor plan(s) of the building. Please note that these plans along with the landscaping plans and building elevations will be reviewed at a separate meeting by the planning and zoning commission pursuant to section 4.12.

4.

A written statement addressing each of the standards for the granting of a conversion certificate listed in Section B1 below, including information such as:

a.

Detailed explanation discussing to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or facility that is permitted outside the CRA district.

b.

How this conversion is in the best interest of the village and will contribute to the financial vitality of the village or general welfare of the community.

c.

Discussion of how the proposed use is complementary to other uses in the immediate area, and consistent with the general character of the CRA.

d.

Comparison of estimated sales tax revenue of the unit occupied by a retail use vs. projected revenues (direct or indirect) should the conversion be granted

7.

Detailed economic impact to the village from said conversion including what the annual loss of sales tax will be.

B.

The Committee of the Whole, following consideration of the application at a public meeting, shall take one of the following actions:

1.

Recommend approval of the certificate of building and use conversion, by ordinance duly adopted by the Board of Trustees, with or without modifications or conditions, based on the following standards:

a.

The proposed building conversion will not have a detrimental impact on the fiscal health of the Village.

b.

The proposed building conversion will strengthen the economic viability of the adjacent properties and village; or

c.

Without the proposed building conversion, the property cannot yield a reasonable rate of return;

d.

The proposed building conversion of RSE floor area is the minimum needed to accomplish the goals of the property owner and/or developer.

e.

The proposed building conversion, if granted, will result in a mix of uses consistent with the intended character of the area.

2.

Recommend denial of the application for certificate of building and use conversion for failure to demonstrate that the standards have been met.

3.

Table the discussion with specific guidance to the applicant to submit supplemental materials necessary for the consideration of the Certificate.

C.

The Village Board shall take action on the recommendation within 30 days of the Committee of the Whole discussion or Planning and Zoning Commission public hearing, whichever is later.

Sec. 4.14.6. Limitations. A certificate of building and use conversion shall expire within one year unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

Sec. 4.14.7. Departures. The village may administratively grant the following departures from this section:

1.

The addition of 1,000 or less square feet to any approved non-RSE provided that the addition does not decrease the percentage of RSE building floor area by one full percent.

2.

The reduction of the floor area of any RSE that does not decrease the percentage of RSE building floor area by one full percent.

For departures that exceed the limits of this section, issuance of a certificate of building and use conversion shall be required pursuant to the review process in section 4.14.5.

(Ord. No. 2010-064, § I(Exh. A), 12-7-10; Ord. No. 2024-132, § II, 11-4-24)

4.15.1. Introduction/purpose. It is the intent and purpose of this section to provide regulations regarding the cultivation and dispensing of medical cannabis occurring within the corporate limits of the Village of Vernon Hills. Such facilities shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by the State of Illinois, effective January 1, 2014, and all regulations promulgated pursuant to the Act and as may be amended from time to time (hereinafter referred to as the "Act"), as well as those additional regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

4.15.2. Definitions.

Agent: Shall include local and state officials and those specifically authorized under The Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

Cardholder: A qualifying patient or designated caregiver who has been issued and possesses a valid registry identification card by the Illinois Department of Public Health.

Designated caregiver: A person who: 1) is at least 21 years of age; 2) has agreed to assist with a patient's medical use of cannabis; 3) has not been convicted of an excluded offense; and 4) assists with no more than 1 qualifying patient with his or her medical use of cannabis.

Enclosed locked facility: A room, greenhouse, building or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's staff or agent or a dispensing facility's staff or agent working for the cultivation center or the registered dispensing facility to cultivate, store and distribute cannabis for registered qualifying patients.

Medical cannabis cultivation center: A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis, including medical cannabis infused products, per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.

Medical cannabis dispensing facilities: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, medical cannabis infused products, paraphernalia, or related supplies and educational materials to registered qualifying patients, per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.

Medical cannabis dispensary and cultivation center staff: Shall include owners and employees of dispensaries and cultivations centers operated by an organization or business that is registered by the Department of Financial and Professional Regulations.

Medical cannabis infused product: Means food, oils, ointments, or other products containing usable cannabis that is not smoked.

4.15.3. Applicability. This ordinance shall apply to all medical marijuana cultivation and dispensing facilities located within the corporate limits of the Village of Vernon Hill.

4.15.4. Medical Cannabis cultivation centers—Requirements. Medical cannabis cultivations centers, as defined herein, shall require a special use permit in accordance with Article 18, Special Uses, and in accordance with the following requirements:

4.15.4.1. Compliance with state regulations and rules. All medical cannabis cultivation centers shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) including all rules and regulations adopted in accordance thereto. The petitioner shall file an affidavit with the village, affirming compliance with all requirements of the Compassionate Use of Medical Cannabis Pilot Program Act and its regulations.

4.15.4.2. Setback requirements.

1.

The facility shall not be located within 2,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, or residential care home at the time of application for a special use permit. Learning centers and vocational/trade centers (Serving only students at least 18 years of age or older) shall not be classified as a public or private school for purposes of this section.

2.

The facility shall not be located within 2,500 feet of the property line of a pre-existing property zoned for residential use at the time of application for a special use permit.

4.15.4.3. Parking. For purposes of determining required parking, medical cannabis cultivation centers shall be classified as "wholesale uses" in accordance with Article 19, "Off Street Parking and Loading", Section 19.7.11. provided, however, that the village may require that additional parking be provided as a result of findings determined during the public hearing process for a special use permit.

4.15.4.4. Signage.

1.

All signage for medical cultivation centers shall be limited to one flat wall sign not to exceed 10 square feet in area.

2.

Electronic message boards and temporary signs shall not be permitted.

3.

Sign wording shall be clinical or botanical in nature and shall not use slang terms and imagery.

4.15.4.5. Age and access limitation. It shall be unlawful for a medical cannabis cultivation center to allow any person who is not at least 18 years of age on the premises. Cultivation centers shall not employ anyone under the age of eighteen (18). Access shall be limited exclusively to cultivation center staff and local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

4.15.4.6. Security, lighting and video surveillance.

1.

The medical cannabis cultivation center shall be within an enclosed locked facility and shall provide and maintain adequate security on the premises, including, but not limited to, lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft. For the purpose of this requirement, a medical cultivation shall include, but is not limited to production areas, warehousing areas, and loading docks.

2.

The medical cannabis cultivation center parking, production, warehousing, areas, including loading docks and entrances shall be monitored by video surveillance equipment whose live images can be viewed by cultivation staff and continually recorded in a tamper proof format that is stored for not less than 30 days. Said recordings shall be made available to the Vernon Hills Police Department upon request.

3.

All loading and off loading of medical cannabis products shall occur within a secure enclosed building.

4.

Refuse container shall be located within a secure enclosed building and shall not be located outdoors.

5.

The chief of police or his designee reserves the right to inspect medical cannabis cultivation centers for the purpose of determining compliance with applicable local and state requirements. Such inspections shall be made at reasonable times and in a reasonable manner. Failure to allow entry to the premise for the purposes of inspection shall be cause for revocation of the special use permit by the village.

4.15.4.7. Noxious odors. All medical cannabis cultivation centers shall operate in a manner that prevents odor impacts on adjoining uses or properties and, if necessary, be ventilated with an odor control system.

4.15.4.8. Conduct on site.

1.

Retail sales of medical cannabis are strictly prohibited at medical cannabis cultivation centers.

2.

It shall be unlawful to cultivate, manufacture, process or package any product, other than medical cannabis in accordance with Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

4.15.5. Medical cannabis dispensaries—Requirements. Medical cannabis dispensaries, as defined herein, shall require a special use permit in accordance with Article 18, Special Uses and in accordance with the following requirements:

4.15.5.1. Compliance with state regulations and rules. All medical cannabis dispensaries shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) including all rules and regulations adopted in accordance thereto. The petitioner shall file an affidavit with the village, at the time of business license application and annual renewals, affirming compliance with all requirements of the Compassionate Use of Medical Cannabis Pilot Program Act.

4.15.5.2. Setback Requirements.

1.

The medical cannabis dispensary shall not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, or residential care home at the time of application for a special use permit. Adult learning centers and vocational/trade centers (Serving only students at least 18 years of age or older) shall not be classified as a public or private school for purposes of this section.

2.

The medical cannabis dispensary shall not be located in a home, apartment, condominium or within any area zoned for or containing residential uses at the time of application for a special use permit.

4.15.5.3. Parking. For purposes of determining required parking, medical cannabis dispensing facilities shall be provided with one parking space for every 200 square feet of gross floor area, however, that the village may require that additional parking be provided as a result of findings determined during the public hearing process for a special use permit.

4.15.5.4. Signage.

1.

All signage for medical cannabis dispensary facilities shall be limited to one flat wall sign not to exceed ten square feet in area.

2.

Electronic message boards and temporary signs shall not be permitted.

3.

Sign wording shall be clinical or botanical in nature and shall not use slang terms or imagery.

4.15.5.5. Age and access limitation. It shall be unlawful for any medical cannabis dispensary facility to allow any person who is not at least 18 years of age in said facility. Cannabis dispensary facilities shall not employ anyone under the age of 18. Access shall be limited exclusively to dispensary staff, cardholders, designated care givers and local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

4.15.5.6. Security, lighting and video surveillance.

1.

The medical cannabis dispensary shall be within an enclosed locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.

2.

The medical cannabis dispensary parking area, client entrance, sales area, back room, storage areas, loading area and entrances shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper proof format that is stored for not less than 30 days. Said recordings shall be made available to the Vernon Hills Police Department upon request.

3.

Deliveries shall occur within a secure enclosed loading area. No deliveries shall be visible from the front of the building.

4.

Refuse container shall be located within a secure enclosed building and shall not be located outdoors.

5.

The chief of police or his designee reserves the right to inspect medical dispensary facilities for the purpose of determining compliance with applicable local and state requirements. Such inspections shall be made at reasonable times and in a reasonable manner. Failure to allow entry to the premise for the purposes of inspection shall be cause for revocation of the special use permit by the village.

4.15.5.7. Drug paraphernalia. Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/) and the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

4.15.5.8. Product packaging. Medical cannabis including medical cannabis infused products shall be distributed in a sealed, tamper-evident medical cannabis container. Any additional packaging, such as bags or boxes, shall be opaque with no texts or graphics indentifying the contents of the packages.

4.15.5.9. Hours of operation. Medical cannabis dispensaries shall be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m.

4.15.5.10. Drive-thru window. A medical cannabis dispensary shall not have a drive-thru window service.

4.15.5.11. Conduct on site. It shall be unlawful to smoke, inhale or consume cannabis products in the medical cannabis dispensary or anywhere on the property occupied by the dispensary. A sign, at least eight and one-half inches by 11.5 inches shall be posted inside the dispensary facility, in a conspicuous location that shall include the following language: "Smoking, drinking, eating or other forms of consuming cannabis products is prohibited on the dispensary property."

4.15.6. Limitations. A special use permit for a medical cannabis cultivation center or medical cannabis dispensing facility shall expire within one year unless a building permit is issued and construction has commenced within that period, and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

(Ord. No. 2014-042, § I(Exh. A), 11-18-14)

4.16.1. Introduction/purpose. It is the intent and purpose of this section to provide regulations regarding the installation of electric vehicle charging stations (EVCS) within the village. The village intends for charging facilities to be considered as a permitted accessory use when located within parking areas accessory to a permitted use, subject to the regulations described in this section.

4.16.2. Definitions. See section 3.2.

4.16.3. Applicability. This section shall apply to all publicly accessible EVCS installed in the village.

4.16.4. EVCS - Accessory use. EVCS installations within off street parking lots serving as the required parking for a permitted use are considered to be a permitted accessory use. The following regulations shall apply:

1.

Parking calculation. In new construction and existing parking lots, parking stalls designated for use as an EVCS shall not impact the calculation of required parking. In the event that a second existing stall must be used for the charging station equipment, both stalls shall still count to satisfy the parking requirement.

2.

Site plan review. The zoning administrator may refer a proposed EVCS for minor site plan review by the village board if it is determined that the proposed configuration does not clearly comply with this section, or in the event that more than ten percent of the existing parking stalls would be converted for use an EVCS.

3.

Design requirements. ECVS shall comply with the following requirements:

a.

Size. The EVCS structure shall be no more than eight feet in height and four feet in width.

b.

Informational signage. Signage identifying an EVCS parking space shall be a standard 12 inches x 18 inches parking sign, mounted on a pole or wall at a height of 60 inches to 80 inches. Additional information, such as usage restrictions, may be displayed on sign panel below the primary identification sign.

c.

Advertising displays. Advertising within the charging station structure may not exceed six square feet. Advertising displays shall be directed toward the ECVS parking stall. An electronic sign is permitted by may not include noise or strobe features.

d.

Visibility impacts. All equipment, signage, and landscaping shall be placed to prevent obstruction to visibility.

e.

Equipment. Equipment associated with ECVS shall be located and maintained to prevent hazardous conditions. Charging cables shall retract and shall not extend across walking paths to prevent tripping hazards.

f.

Pavement markings. Pavement markings identifying the EVCS are permitted, but shall not extend beyond the parking stall into the drive aisle.

g.

Landscaping. Landscaping may be required in the event that site plan review is required per subsection 4.16.4b.

h.

Setbacks. Equipment and signage associated with an ECVS may not be located closer than ten feet to any property line.

i.

Appearance. Accent lighting may be incorporated into the charging station to help users locate the ECVS. Effects that may distract drivers (such as excessively bright lights, strobes, and motion effects) are prohibited. Accent lighting shall be identified during permitting to determine compliance with this section.

j.

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

4.16.5. EVCS - Primary use. A primary use EVCS is subject to the zoning restrictions of each district with respect to use and bulk regulations. A primary use EVCS is intended to be reviewed in a manner comparable to a gas station. It is anticipated that most primary use EVCS locations will offer level 3 charging, and may include accessory features such as a customer lounge and/or convenience store.

(Ord. No. 2025-014, § III, 2-4-25)