Principal uses are allowed in in accordance with Table 6-1.

A.

Uses identified with a "●" are permitted as-of-right in the subject zoning district.

B.

Uses identified with a "◓" are permitted as-of-right in the subject zoning district only when located above the ground floor.

C.

Uses identified with an "ⓢ" may be allowed in the subject zoning district only if reviewed and approved in accordance with the special use procedures of section 11.4.

D.

Uses identified with an "-" are prohibited, as are uses that are not listed in the table.

E.

The "supplemental regulations" column includes a cross-reference to additional regulations that apply to some uses. Compliance with supplemental regulations is required for permitted and special uses unless otherwise expressly stated.

F.

Allowed accessory uses and structures, such as sheds, detached garages and home occupations, are not identified in Table 6-1. Customary accessory uses are are allowed in accordance with all applicable accessory use and structure regulations of section 6.10.

This zoning ordinance classifies principal land uses into 8 major groupings. These major groupings are referred to as "use categories." The use categories are as follows:

1.

Residential. See section 6.2.

2.

Public, Civic and Institutional. See section 6.3.

3.

Commercial. See section 6.4.

4.

Wholesale, Distribution and Storage. See section 6.5.

5.

Industrial. See section 6.6.

6.

Recycling. See section 6.6.7.

7.

Agricultural. See section 6.7.

8.

Other. See section 6.8.

Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions.

A.

Specific Use Types

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

B.

Determination of Use Categories and Subcategories

1.

The community development director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article. When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the community development director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this section. In making such determinations, the community development director must consider:

a.

The types of activities that will occur in conjunction with the use;

b.

The types of equipment and processes to be used;

c.

The existence, number and frequency of residents, customers or employees;

d.

Parking demands associated with the use; and

e.

Other factors deemed relevant to a use determination.

2.

If a use can reasonably be classified in multiple categories, subcategories or specific use types, the community development director must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate "fit."

3.

If the community development director is unable to determine the appropriate use category for a proposed use, the community development director is authorized to classify the use as a prohibited use and deny permits and certificates for establishment of the proposed use. This decision may be appealed in accordance with section 11.7.

Table 6-1: Use Table

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4069, § 1, 2-25-19; Ord. No. 4084, § 1, 6-10-19; Ord. No. 4125, § 1, 1-13-20; Ord. No. 4126, § 3, 1-13-20; Ord. No. 4149, § 2, 5-11-20; Ord. No. 4326, § 3(Exh. B), 1-23-23)

The residential use category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows:

Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging.

Residential occupancy of a building or any portion of a building by a group other than a household. Group living uses typically provide communal kitchen/dining facilities. Examples of group living uses include group homes, convents, monasteries, nursing homes, assisted living facilities, retirement centers, sheltered care facilities, homeless centers, shelters and halfway houses.

A.

Group Home

A detached house shared by persons with disabilities who live together as a single housekeeping unit in a long-term, household-like environment in which staff persons provide care, education, and participation in community activities for the residents with a primary goal of enabling disabled residents to live as independently as possible. Group homes do not include pre-release, work-release, probationary, or other programs that serve as an alternative to incarceration. Group homes are subject to the following supplemental use regulations:

1.

A group home may not be located within one thousand (1,000) feet of another group home, measured horizontally in any direction from the principal structure to be occupied as a group home to the other principal structure used as a group home.

2.

No administrative permits or occupancy certificate may be issued for a group home until the operator has:

a.

Obtained a state license or certificate authorizing or permitting the operation of a group home;

b.

Demonstrated that the dwelling unit proposed to be used as a group home complies or will comply, prior to occupancy, with all applicable conditions, standards, or provisions imposed by any state license or applicable law.

3.

Application for an administrative occupancy permit for a group home must contain a verified statement from the operator, describing:

a.

The nature of the group home;

b.

The qualifications of the agency that will operate the group home;

c.

The number of individuals assigned to the home and their respective functions;

d.

The number of residents who will reside in the group home; and

e.

The general nature of the residents' disabilities.

4.

No service, including, but not limited to, counseling and other treatment, is permitted for persons other than the residents of the subject group home.

5.

The group home must, to the extent possible, conform to the type and outward appearance of the residences in the area in which it is located.

6.

Prior to occupancy, an administrative occupancy permit must be applied for and received.

7.

The group home must comply with all applicable zoning, building, and/or housing code regulations for the structure and/or the zoning district in which the group is to be located.

8.

The director of community development, with the concurrence of the village manager, may revoke an occupancy permit for a group home if:

a.

The permit was obtained by fraudulent means, material misrepresentation, or by submitting false information; or

b.

The sponsor is no longer licensed or authorized by an agency of the State of Illinois of competent jurisdiction to operate a group home at the location specified in the administrative occupancy permit; or

c.

The sponsor has unlawfully refused to allow an inspection of the group home by an authorized official of the Village of Villa Park; or

d.

The dwelling unit has been determined by an appropriate official of the Village of Villa Park to be unsafe for human habitation.

B.

Nursing home.

A "long-term care facility," as defined in 210 ILCS 45/1-113, that provides skilled nursing care.

C.

Sheltered care.

A "long-term care facility," as defined in 210 ILCS 45/1-113, that provides maintenance and personal care.

This category includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large. The public, civic and institutional subcategories are as follows.

Land or structures used for burial or permanent storage of the dead or their cremated remains. Typical uses include cemeteries and mausoleums. Also includes pet cemeteries.

Institutions of higher learning that offer courses of generalized or specialized study and that are authorized to grant academic degrees.

A structure, including its surrounding premises, that is owned, leased or otherwise controlled by a unit of local government or a school district and that contains rooms or other facilities limited to use for purposes of meetings, gatherings or other functions or activities carried on or performed by or under the supervision of a unit of local government, a school district or a civic, educational, religious or charitable organization. The authorization for the establishment of a municipal community center may include authorization for the incidental and accessory sale or resale of food, merchandise or services in connection with and in support of the principal activity or function being carried on or performed by such unit of local government, school district or organization.

The use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.

Uses related to the administration of local, state or federal government services or functions that are not otherwise identified by a use category or subcategory.

Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

Collections of books, manuscripts and similar materials for free public lending, study and reading.

Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibitions of works of art and similar institutions.

Undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums and flood management projects.

Recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, swimming pools, community centers and other facilities typically associated with public park and open space areas. Also includes public and private golf courses and country clubs.

Religious services involving public assembly that customarily occur in churches, synagogues, temples, mosques and other facilities where groups customarily assemble for religious worship.

Facilities provided by the village, state or federal government that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

Schools at the primary, elementary, junior high or high school level that provide basic, compulsory state-mandated education.

A.

Minor

Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include equipment and facilities used in supplying gas, sewer, water, electric, communication or governmental services of any kind. Energy production systems that generate energy from the byproducts of the principal use are considered accessory uses, including net metered installations and installations that generate power to sell at wholesale to the power grid. Minor utilities and public service facilities are subject to the following supplemental use regulations:

1.

Site plan and architectural approval is required; and

2.

All wiring (including transmission, distribution and service lines) for the supply of electric and communication services must be placed underground except for wiring that meets one or more of the following criteria:

a.

Carries more than:fifteen thousand (15,000) volts;

b.

Is for temporary service during periods of active construction;

c.

Is relocated at the request of the village;

d.

Is for the restoration or repair of existing facilities; and

e.

Is lead-in or service wiring from above-ground poles to a detached houses or duplex.

B.

Major

Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include but are not limited to water and wastewater treatment facilities, high-voltage electric substations, utility-scale power generation facilities (including wind, solar and other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water storage facilities, such as water towers and reservoirs.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows.

Uses that provide goods and services for care of companion animals.

A.

Grooming

Grooming of dogs, cats and similar companion animals, including dog bathing and clipping salons and pet grooming shops.

B.

Boarding or Shelter

Animal shelters, care services and kennel services for dogs, cats and companion animals, including boarding kennels, pet resorts/hotels, pet day care, pet adoption centers, dog training centers and animal rescue shelters. For purposes of this ordinance, the keeping of more than four (4) dogs, cats or similar household companion animals over four (4) months of age or the keeping of more than two (2) such animals for compensation or sale is deemed a boarding or shelter-related animal service use and is allowed only in those zoning districts that allow such uses. Boarding and shelter uses are subject to the following supplemental use regulations:

1.

Outdoor runs and exercise areas must be set back at least one hundred (100) feet from any R-zoned lot.

2.

All animals must be kept either within completely enclosed structures or under direct control of the kennel operator or staff at all times, and must be kept within completely enclosed structures between the hours of 9:00 p.m. and 7:00 a.m.

3.

Enclosures must have an area of fifty (50) square feet for each animal based on the maximum number of animals to be in the enclosure at any given time.

C.

Veterinary Care

Animal hospitals and veterinary clinics. Veterinary care uses with overnight boarding are regulated as boarding or shelter facilities.

Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include arenas, billiard centers, video game arcades, auditoriums, bowling centers, cinemas, stadiums and theaters. Video game arcades require an electronic game room license issued pursuant to the provisions of Chapter 4, Article IV of the village code of ordinances.

Uses that provide for audio or video production, recording or broadcasting.

Uses that provide for consumer or business services and for the repair and maintenance of a wide variety of products.

A.

Building Service

Uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of a premise. Typical uses include contractor offices, janitorial, landscape maintenance, extermination, plumbing, electrical, HVAC, window cleaning and similar services.

B.

Body Art Service

Tattoo and body piercing establishments (as defined in 410 ILCS 54/1). Tattoo and body piercing establishments must be licensed in accordance with Chapter 13, Article X of the village code of ordinances.

C.

Business Support Service

Uses that provide personnel services, printing, copying, photographic services or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, caterers, telephone answering services and photo developing labs.

D.

Consumer Maintenance and Repair Service

Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical consumer maintenance and repair service uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service technicians who visit customers' homes or places of business are classified as a "building service."

E.

Personal Improvement Service

Uses that provide a variety of services associated with personal grooming, instruction and maintenance of fitness, health and well-being. Typical uses include barbers; hair and nail salons; day spas; health clubs; yoga and fitness studios; martial arts studios; music, dance, drama, fine arts, language and similar instruction; fortune-telling or psychic services and businesses and individuals providing massage or massage therapy services in accordance with the Massage Licensing Act, (225 ILCS 57/). Also includes artist studios and photography studios.

F.

Research Service

Uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution or sale of products. Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.

Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty-four (24) hours per day. Examples include state-licensed child care centers, preschools, nursery schools, head start programs, after-school programs and adult day care facilities. Day care expressly includes state-accredited adult day care facilities and facilities for child care, as defined in the Illinois Child Care Act.

A.

Day Care Home

A dwelling unit in which day care, licensed by the State of Illinois, is provided for a maximum of eight (8) children, excluding all natural, adopted and foster children of the residents of the dwelling unit.

B.

Day Care Center

A facility licensed by the State of Illinois that provides day care for more than 8 children or any number of adults.

C.

Supplemental Regulations

All day care uses must provide at least five hundred(500) square feet of outdoor play area or be located within one-half mile of a public park or public open space. Outdoor play areas must be fenced and screened from view of R-zoned lots.

A.

Restaurant

Uses that prepare and serve food and beverages for on- or off-premise consumption as their principal business. Typical uses include cafes, restaurants, cafeterias, ice cream/yogurt shops, coffee shops, juice bars and similar establishments, which may include accessory use bars that are customarily incidental and subordinate to the principal use as an eating establishment.

B.

Bar

An establishment where the principal business is the sale of alcoholic beverages for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an ancillary use. Live entertainment may be provided as an ancillary use to a bar.

C.

Microbrewery

A brewery that produces less than fifteen thousand (15,000) barrels of beer or ale per calendar year from malt and hops by infusion, boiling and fermentation.

Uses related to the exchange, lending, borrowing and safe-keeping of money. Automatic teller machines, kiosks and similar facilities that do not have on-site employees are not classified as financial service uses if they meet the criteria for classification as an accessory use (see Sec. 6.10). Typical examples of financial service use types are banks, credit unions, and personal credit establishments.

A.

Personal credit establishments include all of the following:

1.

Pawnshops and pawn brokers (as defined in 205 ILCS 510);

2.

Establishments that provide (vehicle) title-secured loans or payday loans (as defined in 815 ILCS 122) and similar services; and

3.

Establishments primarily engaged in buying jewelry or other items made of sterling silver or gold, or silver coins, or bullion to and from the public within the village from a fixed and regular place of business. A business primarily engages in buying jewelry or other items made of sterling silver or gold, or silver coins, or bullion to and from the public if fifty (50) percent or more of its business transactions during any month involve the aforesaid activities.

B.

Personal credit establishments are subject to the following supplemental regulations:

1.

Window and door areas must be provided on the first floor of the facility that faces a public street or sidewalk. Such windows and doors must allow views into the building at eye level and may not be blocked or otherwise reduced in area.

2.

All transactions must occur entirely inside the facility at a service counter, with no transactions permitted through an exterior walk-up or drive-up window.

3.

The operator of a currency exchange, payday loan, pawn shop or title loan must have a valid license issued by the State of Illinois. Pawnshops must be licensed in accordance with Chapter 13, Article VIII of the village code of ordinances.

C.

Currency exchanges (as defined in 205 ILCS 405/1) and check cashing facilities that are primarily engaged in the business of cashing checks, drafts, money orders or traveler's checks, exchanging currency, notarizing documents, selling vehicle license tags or transmitting money within the United States or overseas by any means for a fee. A business primarily engages in the business of cashing checks, drafts, money orders or traveler's checks, exchanging currency, notarizing documents, selling vehicle tags or transmitting money if fifty (50) percent or more of its business transactions during any month involve the aforesaid activities.

(Ord. No. 4149, § 1, 5-11-20)

Uses that provide services related to the death of a human, including funeral homes, mortuaries, crematoriums and similar uses. Also includes crematoriums for companion animals.

Uses that provide temporary lodging for less than thirty (30) days where rents are charged by the day or by the week. Lodging uses sometimes provide food or entertainment, primarily to registered guests.

Uses providing diagnosis and treatment of human patients' illnesses, injuries and physical maladies in an office or clinic setting with no overnight care. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this subcategory, as are medical and dental laboratories. Medical services uses may offer massage therapy when provided by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed practical nurse or a registered professional nurse.

Uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, or professional services. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations.

Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A parking facility that provides both accessory and non-accessory parking is considered non-accessory parking if it leases twenty-five (25) percent or more of its spaces to non-occupants of or persons other than visitors to a particular use.

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer within an enclosed structure, unless otherwise expressly stated.

A.

Convenience Goods

Retail sales uses that sell or otherwise provide (1) sundry goods; (2) products for personal grooming and for the day-to-day maintenance of personal health or (3) food or beverages for off-premise consumption, including grocery stores and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. Typical uses include drug stores, grocery and specialty food stores, wine or liquor stores, gift shops, newsstands, florists and tobacco stores.

B.

Consumer Shopping Goods

Retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort or aesthetics. Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, uniform supply stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, office supplies and office furnishing stores and wig shops.

C.

Building Supplies and Equipment

Retail sales uses that sell or otherwise provide goods to repair, maintain or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint and wallpaper supply stores and garden supply stores.

D.

Tobacco Products

Retail or wholesale sales uses that derives more than fifty (50) percent of sales or usage fees from tobacco or tobacco-related products, including e-cigarettes, nicotine-enriched solutions and other liquids intended for use with e-cigarettes. This includes cigarettes, smokeless tobacco, cigars, tobacco and any tobacco-related products or paraphernalia such as pipes, papers, vaporizers and hookahs; and including the use of such products within such location.

An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designated to accommodate only interior access to storage lockers or drive-up access only from consumer-size passenger vehicles and two-axle non-commercial vehicles. Such uses are subject to the following supplemental use regulations:

A.

Employees associated with such use shall be limited to a facility manager and/or security personnel.

B.

Storage of hazardous materials is expressly prohibited, expressly including flammable liquids, highly combustible or explosive materials, and hazardous chemicals.

C.

Any use other than storage is prohibited, expressly including garage sales, retail business activities, and servicing or repair of motor vehicles and equipment.

D.

Outside storage is expressly prohibited, except for vehicles, boats, trailers, recreational vehicles, travel trailers, truck campers, camping trailers, motorized homes, boat rafts, and boat trailers. The above-mentioned vehicles, boats, and trailers are allowed to be stored outdoors, provided they are operative and licensed, parked on a paved surface, visually screened from R-zoned areas, and not located in street yards.

E.

Loading areas and metal building materials may not face public streets.

F.

Multiple buildings and a maximum of seventy (70) percent lot coverage is allowed.

G.

The site must be totally fenced and accessed through a locked security gate.

H.

All pervious surfaces must be landscaped and continuously maintained.

I.

An on-site residential unit used exclusively by a facilities manager and household is allowed if the unit is incorporated into the overall structure and design.

The term "sexually oriented business" includes adult arcades, adult book stores, adult video stores, adult mini-motion picture theaters, adult motion picture theaters, adult entertainment establishments, massage parlors and massage schools.

A.

Adult Arcade

Any retail establishment that contains six (6) or more adult mini motion picture machines.

B.

Adult Book or Adult Video Store

An establishment having as a substantial or significant portion of its stock in trade, films, videos, tapes, cassettes, DVDs, books, magazines, periodicals, or other video or printed media which are:

1.

Distinguished or characterized by their emphasis on sexually explicit material; or

2.

Matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas, including an establishment with an area or section devoted to the sale, rental, display or advertising of such material.

C.

Adult Entertainment Establishment

A public or private establishment that:

1.

Is defined as an "adult entertainment facility" under 65 ILCS 5/11-5-1.5 as now existing or hereafter amended, including the 1,000-foot separation from certain uses as required by statute; or

2.

Features topless dancers, go-go dancers, exotic dancers, male or female strippers, male or female impersonators, male or female nude performers or dancers, and similar live entertainment, or wherein persons are permitted to perform acts of or acts which simulate one or more of the following:

a.

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any acts which are prohibited by law;

b.

The touching, caressing or fondling of the breast, buttocks, anus or genitals; or

c.

The displaying of the pubic hair, anus, vulva or genitals.

D.

Adult Mini Motion Picture Theater

An enclosed building with a capacity for less than fifty (50) persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

E.

Massage Parlor or Massage School

Any place or establishment where massage services or massage training is made available, other than expressly allowed by this ordinance as a medical service (see section 6.4.10) or personal improvement service (see section 6.4.4E).

Uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Truck driving schools are classified as "trucking and transportation terminals" (wholesale, distribution and storage use category).

Uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory includes the following specific use types:

A.

Commercial Vehicle Repair and Maintenance

Uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or similar large vehicles and vehicular equipment. Includes truck stops and truck fueling facilities.

B.

Commercial Vehicle Sales and Rentals

Uses that provide for the sale or rental of large trucks, large construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.

C.

Fueling Station

Uses engaged in retail sales of personal or commercial vehicle fuels, including natural gas fueling stations and rapid vehicle charging stations and battery exchange facilities for electric vehicles.

D.

Personal Vehicle Repair and Maintenance

Uses engaged in repairing, installing or maintaining the mechanical components of autos, small trucks or vans, motorcycles, motor homes or recreational vehicles including recreational boats. Also includes uses that wash, clean or otherwise protect the exterior or interior surfaces of these vehicles. Does not include vehicle body or paint finishing shops.

E.

Personal Vehicle Sales and Rentals

Uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies and moving equipment rental establishments (e.g., U-haul).

F.

Vehicle Body and Paint Finishing Shop

Uses that primarily conduct vehicle body work and repairs or that apply paint to the exterior or interior surfaces of vehicles by spraying, dipping, flow-coating or other similar means.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

A.

Definitions.

Cannabis Craft Grower. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis Cultivation Center. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis Dispensing Facility or Dispensary. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis Infuser Facility or Infuser. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis Processing Facility or Processor. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis Transporting Business or Transporter. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Medical Cannabis Dispensing Facility. 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, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

B.

The following uses are hereby prohibited to be conducted within the boundaries of the Village:

1.

Cannabis craft growers;

2.

Cannabis cultivated centers;

3.

Cannabis infuser facility;

4.

Cannabis processing facility; and

5.

Cannabis transporting business.

C.

Cannabis Dispensing Facility and Medical Cannabis Dispensing Facility are restricted as follows:

1.

Hours of operation are prohibited after 10:00 p.m. or before 8:00 a.m.;

2.

No special use may be granted for any location that is within 1,500 feet of another dispensing organization; and

3.

No "on-premises" consumption of cannabis is permitted.

(Ord. No. 4125, § 3, 1-13-20)

This category includes uses that provide and distribute goods in large quantities, principally to retail sales, commercial services or industrial establishments. Long-term and short-term storage of supplies, equipment, commercial goods and personal items is included. The wholesale, distribution and storage subcategories are as follows:

Uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.

Uses engaged in the dispatching and long-term or short-term storage of trucks, buses and other vehicles, including parcel service delivery vehicles, taxis and limousines. Minor repair and maintenance of vehicles stored on the premises is also included. Includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary onsite storage of those items.

Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of a "self-service storage facility" or a "trucking and transportation terminal."

Uses engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms. This subcategory expressly includes the following uses: bottled gas and fuel oil sales, ice distribution centers, monument sales, storage building sales, vending machine sales, auctioneers, frozen food lockers.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

This category includes uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. The industrial subcategories are:

On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations or storage. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.

Manufacturing and industrial uses that process, fabricate, assemble, treat or package finished parts or products without the use of explosive or petroleum materials. Uses in this subcategory do not involve the assembly of large equipment and machinery and have very limited external impacts in terms of noise, vibration, odor, hours of operation and truck and commercial vehicle traffic.

Manufacturing and industrial uses that process, fabricate, assemble or treat materials for the production of large equipment and machines as well as industrial uses that because of their scale or method of operation regularly produce odors, dust, noise, vibration, truck/commercial vehicle traffic or other external impacts that are detectable beyond the property lines of the subject property.

Manufacturing and industrial uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This subcategory also includes petrochemical tank farms, gasification plants, smelting, asphalt and concrete plants and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation and truck/commercial vehicle traffic.

An area or building where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled for reclamation, disposal or other like purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles.

A.

No lot may be used, and no structure may be erected, altered or remodeled within the Village of Villa Park for any of the following uses: abattoirs, arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks manufacture or storage; dumping or reduction of garbage, dead animals, offal, or refuse, ore reduction, petroleum processing or refining; pyroxylin manufacture; gutta percha manufacture or treatment; salt works; sauerkraut manufacture; smelters; stockyard or slaughter of or experimentation with animals or fowls; tallow, grease, or manufacture or treatment; tanning, curing, or storage of rawhides or skins; tar distillation or manufacture; cement, concrete, or asphaltic concrete, mortar or plaster batch mixing plants, or junk yards or other uses having operations that are deemed by the community development director to be incompatible with the intended environmental character of the industrial district.

B.

All activities involving the storage, utilization, or manufacture of materials or products that decompose by detonation are expressly prohibited in the village, except for those that are expressly licensed by the village. Examples of prohibited materials include all primary explosives such as lead azide, lead styphnate, fulminates and tetrocene; all high explosives such as TNT, RDX, HMX, PETN and pecric acid, propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazone and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, perchloric acid; perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials, and products and reactor elements such as uranium 235 and plutonium 239.

This category includes uses that collect, store or process recyclable material for the purpose of marketing or reusing the material in the manufacturing of new, reused or reconstituted products.

An establishment that accepts consumer recyclable commodities directly from the consuming party and stores them temporarily before transferring them to recyclable material processing facilities. Establishments that process recyclable material are classified as "recyclable material processing facilities."

Establishments that receive and process consumer recyclable commodities for subsequent use in the secondary market.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

This category includes uses such as gardens, farms and orchards that involve the raising and harvesting of food and non-food crops.

The (principal or accessory) use of land for the keeping or raising of farm animals.

The use of land for growing, raising, or marketing of plants to produce food, feed, or fiber commodities or non-food crops. Examples of crop agriculture include cultivation and tillage of the soil and growing and harvesting of agricultural or horticultural commodities. Crop agriculture does not include community gardens or the raising or keeping of farm animals.

An area managed and maintained by a group of individuals to grow and harvest food crops or nonfood crops (e.g., flowers) for personal or group consumption, for donation or for sale that is occasional and incidental to the growing and harvesting of food crops. A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (e.g., hand tool storage sheds) maintained and used by the group. Community gardens may be principal or accessory uses and may be located at grade (outdoors), on a roof or within a building. Community gardens do not include the raising or keeping of farm animals.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

This category includes uses that do not fit the other use categories.

Any use with drive-through windows or drive-through lanes or that otherwise offer service to the occupants of motor vehicles. Typical uses include drive-through restaurants, drive-through pharmacies and drive-in restaurants.

See Article 10.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4125, § 2, 1-13-20)

A detached house is a principal residential building occupied by one dwelling unit located on a single lot with private yards on all sides. Detached houses are not attached to and do not abut other dwelling units. Does not include mobile homes or manufactured housing units, which are expressly prohibited in the village. Detached houses include conventional ("stick-built") construction and construction involving modular or system-built components as long as such construction complies with village building codes.

An attached house is a dwelling unit that is attached to one or more dwelling units, each of which of which is located on its own lot with a common or abutting wall along the dwelling units' shared lot lines. Each dwelling unit has its own external entrance.

A duplex is a residential building occupied by two (2) dwelling units, both of which are located on the same lot. The dwelling units are attached and may be located on separate floors or side-by-side.

A multi-unit building is a residential building on a single lot that is occupied by three (3) or more dwelling units that share common walls and/or common floors/ceilings.

A dwelling unit located above ground-floor, above-grade commercial use or floor space (i.e., in a vertical mixed-use building).

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

A.

Accessory uses and structures are allowed only in connection with lawfully established principal uses.

B.

Allowed uses and structures are limited to those expressly regulated in this section as well as those that, in the determination of the community development director, satisfy all of the following criteria:

1.

They are customarily found in conjunction with the subject principal use or principal building.

2.

Accessory structures attached to the principal building shall comply with all yard and other requirements applicable to the principal building.

3.

They are subordinate in building area, intensity of use or purpose of the principal use of the property served.

4.

They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use.

C.

The following accessory uses are prohibited:

1.

Outdoor parking of trucks, buses, trailers or boats, except as provided in section 7.7.

2.

Outdoor storage, except as specifically permitted by the district regulations.

D.

Accessory structures may be established in conjunction with or after the principal building or use. They may not be established before the principal building or use is in place except where authorized by the Director of Community and Economic Development or their designee.

E.

Accessory uses and structures must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.

F.

Accessory structures and uses may not be located within any public utility easement, whether platted or implied without written permission from the Director of Public Works.

G.

Accessory Structures and Uses are subject to the lot and building regulations of the zoning district in which they are located.

(Ord. No. 4452, § 2, 12-9-24)

The following regulations govern use and installation of accessory structures in all R districts, except as more specifically regulated in this article.

A.

Only one (1) garage is allowed on any RS-zoned lot. A maximum of one (1) gazebo and one (1) shed permitted per lot, not to exceed cumulative lot coverage. Additionally, any amount of other accessory structures may be permitted per lot if the cumulative square footage of the principal building, and all accessory and structures not to exceed the maximum lot coverage per Table 2-3.

B.

The height and area of an accessory structure shall conform to Table 6-2 Accessory Structure Regulations.

C.

A shed may be attached to a detached garage if the addition does not exceed two hundred (200) square feet. No freestanding shed would then be permitted on the lot.

D.

Additions to garages for storage purposes shall be permitted provided that the addition is an integral part of the design of the garage, meets all applicable standards for the construction of a garage, and generally matches and adheres to the overall appearance of the garage.

E.

Residential accessory structures and uses shall comply with the following:

Table 6-2 Accessory Structure Regulations

¹  See 6.10.4. Only one attached or detached garage is allowed on any RS-zoned lot. See section 6.10.4, Residential garages and carport.

²  Is subject to bulk regulations and maximum lot coverage.

³  Unless structurally attached to the house.

⁴  Code does allow attached to garage with max size and architectural compatibility. See 6.10.2.D-E.

⁵  Per section 14.1.9, Table 14-1, a minimum five-foot setback is required in all cases; and for swimming pools, the associated decking and paved areas are also to be setback a minimum of five (5) feet.

⁶  Private residential service walks may not be wider than five (5) feet.

The following regulations govern use and installation of accessory structures in all districts other than R districts, except as more specifically regulated in this article.

A.

Rear yard setbacks shall be ten (10) feet.

B.

Interior side yard setbacks shall be ten (10) feet.

C.

Accessory structures related to outdoor seating accessory to an eating or drinking establishment are permitted in all yards.

D.

Other detached accessory structures not related to outdoor seating are not permitted in the front yard or corner side yards.

E.

Accessory structures shall be equal to or less than the footprint of the principal structure.

A.

RS Districts.

The residential garage and carport regulations of this subsection apply in RS districts. The regulations are primarily intended to address the parking and storage of vehicles owned and operated by the residents of the premises along with limited storage of garden equipment and household items incidental to the principal use.

1.

The exterior dimensions of any garage in an RS district may not exceed seventy-five (75) percent of the foundation area of the principal building regardless of the size of the principal building.

2.

Detached garage must be set back at least ten (10) feet from lot lines abutting a front yard of an adjacent lot. Otherwise, the minimum side and rear setback for a detached garage is five (5) feet.

3.

Setbacks are measured from the garage foundation.

4.

Garages may not be located within any public utility easement, whether platted or implied.

5.

All garages must be constructed with eaves, gutters and downspouts that are directed away from adjacent properties.

6.

No attached garage shall be converted to livable space without conformance to section 7.2, Minimum Parking Ratios.

B.

Duplexes.

The exterior dimensions of any garage in an RD-7.5 and RM-9 district may not exceed eighty-five (85) percent of the foundation area of the principal building.

(Ord. No. 4452, § 3, 12-9-24)

A.

Dog runs and other animal enclosures are allowed only in rear yards and must be set back at least ten (10) feet from all lot lines.

B.

Fencing for dog runs and animal enclosures may not exceed six (6) feet in height if solid or eight (8) feet in height if open. Dog runs and enclosures in R districts may not exceed fifty (50) feet in length or eight (8) feet in width.

C.

Only one such dog run or animal enclosure is allowed per R-zoned lot.

A.

General

1.

Home occupations are allowed as an accessory use to an allowed household living use, subject to the regulations of this section.

2.

Day care homes are not regulated as home occupations and are exempt from the home occupation regulations of this section. Day care homes are allowed as indicated in Table 6-1.

B.

Operator

The operator of a home occupation must be a full-time resident of the dwelling unit, and no more than one non-resident may be employed on the premises.

C.

Floor Area

Floor area devoted to the home occupation may not exceed twenty-five (25) percent of the floor area of the dwelling or seven hundred (700) square feet, whichever is less.

D.

Location

The home occupation must be conducted entirely within the dwelling and not from a detached or attached garage or other accessory structure. Equipment, materials, samples and vehicles incidental to the home occupation may be stored in a detached or attached garage or other accessory structure, provided that the business activity is confined to the dwelling.

E.

Sales

The home occupation may not involve the sale of goods that are stored and delivered to the buyer on the lot, except as incidental to a permitted service. Pick-ups of previously made orders are allowed.

F.

Operation and Appearance

1.

There may be no visible evidence of the conduct of a home occupation when viewed from the street or right-of-way or from an adjacent lot.

2.

There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include parking lots, or adding commercial-like exterior lighting.

3.

No outdoor storage of equipment or materials used in connection with the home occupation are allowed.

4.

No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process may be used that creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

5.

Home occupations may not generate refuse or recyclable material in excess of the amount allowable for regular residential pickup.

6.

Home occupations may not cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or welfare.

G.

Vehicle Traffic and Parking

1.

The home occupation may not involve regular receipt or delivery of merchandise, goods or equipment by any motor vehicle bearing a Division of Motor Vehicles License Class "C" or higher.

2.

The home occupation may not result in the simultaneous presence on the subject lot and the adjoining street of more than three (3) motor vehicles in excess of the number of vehicles attributable to the residential use of the premises.

3.

Visitors in conjunction with the home occupation (clients, patrons, pupils, sales persons, etc.) are prohibited between the hours of 10:00 p.m. and 7:00 a.m.

H.

Multiple Home Occupations

If there is more than one home occupation within the dwelling, the regulations of this section apply to the sum total of the activity related to such home occupations.

I.

Expressly Prohibited Activities

All of the following uses are expressly prohibited as home occupations:

1.

Animal service uses;

2.

Eating and drinking establishments;

3.

Religious assembly;

4.

Retail sales uses;

5.

Lodging;

6.

Business or commercial storage of recreational vehicles, mobile homes, vehicles or mechanical equipment;

7.

Funeral and mortuary services;

8.

All industrial, manufacturing and recycling uses;

9.

Medical services;

10.

Vehicle sales and service;

11.

Consumer repair services and appliance repair services; and

12.

Any use or activity that does not comply with all applicable regulations of this ordinance.

A.

General

1.

Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses to lawfully established principal uses in all zoning districts.

2.

Public EV charging stations are permitted as accessory uses to lawfully established principal nonresidential uses in all zoning districts.

B.

Parking

1.

Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

2.

Public electric vehicle charging stations must be reserved for parking and charging electric vehicles.

C.

Equipment

Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

D.

Signage

Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

A.

Where Allowed

1.

Satellite dish antennas up to forty (40) inches in diameter are permitted as of right as an accessory use to all lawfully established principal uses in all zoning districts. They are subject to all applicable accessory structure setback regulations.

2.

Satellite dish antennas over forty (40) inches in diameter, up to one hundred twenty (120) inches in diameter, are permitted as of right as an accessory use to all lawfully established principal uses in mixed-use and nonresidential zoning districts. They are subject to all applicable accessory structure setback regulations.

B.

Location

1.

In RM districts, satellite dish antennas may be located anywhere in the buildable area of the lot (outside of required building setbacks) or on an allowed principal or accessory building on the lot.

2.

In RS and RD districts, satellite dish antennas may be located only to the rear of any principal structure. If usable communication signals cannot be obtained from a rear location, the satellite antenna may be located in the side yard. If usable satellite communication signals cannot be received by locating the antenna in the rear or to the side of the principal structure, the antenna may be placed in the street yard outside of the required building setback or on the roof in a location that is visible from the street, provided that the diameter of the satellite dish antenna does not exceed eighteen (18) inches.

3.

Ground-mounted satellite dish antennae must be visually screened to reduce visual impact from surrounding properties at street level and from public streets.

A.

General

1.

Solar energy systems are permitted as of right as an accessory use to all lawfully established principal uses in all zoning districts.

2.

Accessory solar energy systems must comply with all applicable building and electrical code requirements.

B.

Building-Mounted Solar Energy Systems

1.

Building-mounted solar energy systems may be mounted on principal and accessory structures.

2.

Building-mounted solar energy systems may not encroach into required street setbacks or street yard areas. Systems mounted on principal structures may encroach into interior side and rear building setbacks in accordance with section 14.1.9.

3.

Only building-integrated or flush-mounted solar energy systems may be in-stalled on street-facing building elevations.

4.

Solar energy systems may not extend more than three (3) feet above the applicable maximum building height limit for the subject building type or more than 5 feet above the highest point of the roof line, whichever is less.

C.

Ground-Mounted Solar Energy Systems

1.

In residential zoning districts, ground-mounted solar energy systems may not be located in a required street setback or street yard area.

2.

Ground-mounted solar energy systems may be located within required interior side and rear setbacks.

3.

Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.

A.

Amateur radio facilities are subject to a maximum overall height limit of sixty-five (65) feet. Special use approval to exceed sixty-five (65) feet in height may be granted in accordance with the special use procedures of section 11.4 if the village board determines, based on evidence provided by the applicant, that the additional height is the minimum needed to engage in amateur radio communications under a license issued by the FCC.

B.

Antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely matching the color of the supporting structure, in order to make the antenna and related equipment as visually unobtrusive as possible.

Bees may be kept in apiaries in accordance with the regulations of this section.

A.

Permits

Before erecting or placing an apiary, an applicant must provide written notice to all abutting property owners and obtain a permit from the community development director. Apiary permits must be renewed annually.

B.

Registration

Apiaries must be registered with the Illinois Department of Agriculture. Proof of registration must be submitted to the community development director.

C.

Siting

Apiaries are allowed only in the rear yard.

D.

Setbacks

Apiaries must be set back at least ten (10) feet from all lot lines and at least of 10 feet from the principal structure on the lot.

E.

Number

A maximum of two (2) hives are allowed per lot in R districts. A maximum of six (6) hives are allowed per lot in all other zoning districts.

F.

Safety

Beekeepers must requeen colonies that exhibit unusually aggressive behavior, such as stinging or swarming, and ensure that an on-site water source is available within twenty-five (25) feet of the apiary during the months of March through November.

G.

Maintenance

Apiaries must be maintained so as not to become a nuisance. Colonies must be maintained in movable-frame hives with adequate spacing and management techniques to avoid overcrowding and swarming.

H.

Screening

Apiaries must be screened to provide a flyway barrier. Such screening shall be at least six (6) feet in height and consist of a solid fence, vegetative barrier, or combination of such materials. The entrance to the apiary must include a latched gate that must remain closed at all times that a beekeeper is not present.

I.

Sales

On-site retail sales activities are prohibited unless retail sales is permitted in the subject zoning district.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4134, § 1, 2-10-20; Ord. No. 4306, §§ 2—5, 11-14-22; Ord. No. 4437, § 2(Exh. A), 9-23-24)

Unless otherwise expressly stated, temporary uses and structures are subject to the lot and building regulations of the zoning district in which they are located.

The following uses and structures are permitted, subject to the specific regulations established in this section:

A.

Tents or similar temporary covering used for weather protection of goods that must be stored out-of-doors because of emergency conditions, provided that such use may continue only during the duration of the emergency.

B.

Except in RS districts, Christmas tree sales for a period not to exceed thirty (30) days. All display and storage must comply with the minimum setbacks of the subject zoning district.

C.

Contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project, and to continue only during the duration of such project.

D.

Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incident to a new housing development, provided that such use must be terminated upon sale or lease of all dwelling units in the development.

E.

In all C districts, the display for a period not to exceed ninety (90) days of seasonal items such as garden and patio equipment and supplies. Outdoor display and sale of seasonal items are permitted in other districts for a period not to exceed ninety (90) days with approval by the Director of Community Development and an approved parking plan. A permit is required in each instance.

F.

Carnivals, circuses, fairs, festivals, parades, and block parties, when operated, conducted, or sponsored by a local bona fide educational, fraternal, political, civic, religious, not-for-profit corporation, not-for-profit association, not-for-profit organization, municipality, park district, school or other unit of local government. Such uses are subject to the following supplemental regulations:

1.

Carnivals, circuses, fairs, festivals, parades, and block parties are permitted for a period not to exceed one (1) week. The lot and building regulations of the subject zoning district do not apply to such temporary uses.

2.

Carnivals, circuses, fairs, festivals, parades, and block parties may be located:

a.

In any nonresidential district; and/or

b.

In any residential district provided the temporary use takes place on property used principally for religious assembly, park property, school property, lands owned by the village, county or any unit of local government, or lands, whether public or private that are impressed with a public purpose; or street, provided that the governing jurisdiction consents to such use of the street, and then only with the express written approval of the police department and the village board.

3.

Before conduct of a carnival, circus, fair, festival, parade, or block party, all necessary permits and/or licenses and/or approvals must be secured from the applicable governmental agencies.

G.

Outdoor seating accessory to a eating or drinking establishment subject to the following supplemental regulations:

1.

The outdoor seating area must be open to the sky with the exception that it may have a retractable awning, umbrella, or be placed under a building canopy and may contain furniture, including tables, chairs, railings, planters, and other features that are readily movable.

2.

The seating may be located on public property or a public right-of-way provided that at least four (4) feet of the public sidewalk remains obstruction-free. If seating is provided on public sidewalk a certificate of insurance with the Village of Villa Park listed as an additional non-contributory insured and a certificate holder is required. The seating may be located on private sidewalks or pedestrian walkways provided that at least four (4) feet of the walkway remains obstruction-free. If alcohol is to be served, a fence or similar barrier must be constructed around the outdoor seating area where liquor is served.

3.

The outdoor seating area may be located in a yard or required building setback.

4.

The seating may not occupy or interfere with the use of required parking spaces, aisles, driveways, fire lanes or fire exits.

5.

The seating may not occupy or interfere with the use of building entrances, exits and pedestrian walkways.

6.

Lighting related to the operation of the outdoor seating area must be directed away from adjacent properties to avoid creation of a public nuisance.

7.

The outdoor seating area must be immediately adjacent to the principal building. If the outdoor seating area only includes tables and/or seating immediately adjacent to the exterior wall of the principal building, no fencing is required. If the outdoor seating includes tables and/or seating not immediately adjacent to the exterior wall of the principal building, fencing is required.

8.

The outdoor seating area must conform to the approved site plan and be landscaped and/or screened as determined necessary by the community development director.

9.

All outdoor seating must be placed on an all-weather hard surface area.

10.

All outdoor seating areas must comply with life safety and exit code requirements.

11.

An occupancy permit is required prior to the opening of an outdoor seating area.

a.

In public areas, the occupancy permit is valid from March 1 through November 30 and must be renewed annually. All outdoor furniture must be removed within twenty-four (24) hours of permit expiration.

b.

On privately owned property, an occupancy permit is required prior to the opening of the outdoor seating area and does not need to be renewed annually provided compliance with the approved plan.

12.

Picnic tables located at a park, golf course, or recreation center are not deemed to be "outdoor seating" and are exempt from the regulations of this section.

H.

Temporary Moving and Storage Container in the R Districts.

1.

General Applicability:

a.

A permit is required.

b.

Shall not exceed outside dimensions of sixteen (16) feet in length, eight (8) feet in width, and nine (9) feet in height.

c.

Shall be placed on an approved surface and do not extend beyond a driveway surface and do not encroach across any public sidewalk or across any property line.

d.

Must be in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

2.

Time restrictions for specific application:

a.

Existing Principal Building. No more than one (1) temporary moving and storage container shall be permitted per zoning lot in all Residential districts, for no more than thirty (30) consecutive days.

b.

Temporary storage in a Residential district, during construction of a new home for a period not to exceed nine (9) months; or, during a major remodel with building permit, for a period not to exceed ninety (90) days.

c.

Temporary Emergency Storage. One (1) temporary moving and storage container may be used for temporary storage in cases where a principal building becomes unfit for human occupancy due to acts that are not within the control of the property owner. The time period for a temporary emergency moving and storage container is limited to a maximum of sixty (60) consecutive days. One (1) additional sixty-day extension may be granted by the Director of Community Development, through the issuance of a temporary use permit.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4247, § 2, 10-11-21; Ord. No. 4248, § 2, 10-11-21; Ord. No. 4275, §§ 2, 3, 2-28-22; Ord. No. 4306, §§ 6, 7, 11-14-22)

A.

Temporary outdoor storage containers subject to the following supplemental regulations:

1.

A permit is required for any temporary outdoor storage container.

2.

There may be no more than one (1) temporary outdoor storage container per property.

3.

Stacking of temporary outdoor storage containers is prohibited.

4.

The subject property must be occupied by a principal building.

5.

No temporary outdoor storage container may remain on the subject property for more than ninety (90) consecutive days per year.

6.

Temporary outdoor storage containers may not exceed eight and one-half (8.5) feet in height, eight (8) feet wide, by twenty (20) feet in length, or cover an area of more than one hundred sixty (160) square feet in area.

7.

Temporary outdoor storage containers must be placed only on a driveway or other hard surface.

8.

When placed on the driveway within a front or corner side yard, the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed.

9.

Temporary outdoor storage containers may not be placed on public property or in a location that obstructs traffic visibility.

10.

Temporary outdoor storage containers may display no signs other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the temporary outdoor storage containers.

11.

Temporary outdoor storage containers must be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

12.

Temporary outdoor storage containers may not be used for the storage of hazardous, flammable or toxic materials.

13.

Temporary outdoor storage containers may not be used for the purpose of conducting business or selling merchandise.

B.

Permanent outdoor storage containers in nonresidential property shipping containers used for permanent outdoor storage in nonresidential property [are] subject to the following supplemental regulations:

1.

A permit is required for any permanent outdoor storage container;

2.

The subject property is occupied by a principal building;

3.

Placed behind the front wall of a principal building;

4.

Placed on a paved surface (such regulation is only applicable to permanent outdoor storage containers installed after February 28, 2022. Containers installed prior to this date shall be considered nonconforming uses subject to Article 13, Nonconformities);

5.

Placed outside of required side and rear yard setbacks;

6.

Stacking of outdoor storage containers is prohibited;

7.

Screened from public view with a privacy screen (e.g. fence), landscaping or similar methods;

8.

Does not take up required parking;

9.

May not be placed on public property or in a location that obstructs traffic visibility;

10.

May not display any signs, including the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the outdoor storage containers;

11.

Must be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration;

12.

May not be used for the storage of hazardous, flammable or toxic materials; and

13.

May not be used for the purpose of conducting business or selling merchandise out of or within.

(Ord. No. 4247, § 3, 10-11-21; Ord. No. 4248, § 2, 10-11-21; Ord. No. 4275, §§ 4—6, 2-28-22)

A.

Accessory Dwelling Unit. Accessory dwelling units are permitted in all residential zoning districts within a principal or accessory structure subject to approval of site plan review and building permit issuance and provided that the following standards are met.

1.

Location. An accessory dwelling unit located in a principal structure may be located anywhere within a principal structure. An accessory dwelling unit located in an accessory structure is allowed in the rear yard or exterior side yard only.

2.

Number. The number of accessory dwelling units on a lot shall be no greater than the number of principal dwelling units on a lot.

3.

Size. The maximum size of an accessory dwelling unit shall be nine hundred (900) square feet.

4.

Design. An accessory dwelling unit shall be designed to be clearly secondary to the principal dwelling unit on the site. For accessory dwelling units located in an accessory structure, the exterior materials of the dwelling unit must be compatible with the primary dwelling unit, including siding and trim materials, window design, roof shape, roof pitch, and roof material.

5.

Parking. Each accessory dwelling unit shall have a minimum of one (1) dedicated parking space.

(Ord. No. 4452, § 4, 12-9-24)