It is the purpose of this chapter to establish regulations and standards for the installation and operation of industrial uses, based upon consideration of the objectionable characteristics of such uses and the zones in which they are permitted.

Further, this is intended to prescribe procedures and methods of measurement of industrial characteristics subject to such standards.

Any use permitted in the OR, LI zones or any overlay district, whether such use is permitted as a principal use or as an accessory use, shall be subject to these standards:

   A.   Permit Procedure: Before the zoning officer issues a building permit for a use in any OR or LI zone, the applicant shall furnish the zoning officer sufficient information to enable the zoning officer to assure himself that all performance can and will be complied with at all times. The zoning officer, in order to determine whether or not the applicant will meet such standards, may require the applicant to submit the following information:

      1.   A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams or other significant features on or within two hundred feet (200') of the proposed site.

      2.   A description of the activity to be conducted regarding waste products, external effects or other conditions which are regulated herein; provided, however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process which would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

      3.   The type and location of abatement devices to control, or recording instruments to measure, conformance with required standards, not including devices and instruments which are inherent in the manufacturing process.

      4.   Such other data and certification as may reasonably be required by the zoning officer to reach a determination.

All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

   B.   Performance Standards: In the OR and LI zones, the following regulations shall apply:

      1.   Noise:

         a.   Permitted Noise Levels: At no point on or beyond the boundary of any lot which abuts a lot in the same zone shall the sound pressure level resulting from any use or activity, whether open or enclosed, exceed the maximum permitted decibel levels for the designated octave band as set forth in table 3, section 10-5-14 of this chapter.

The sound pressure level resulting from any use or activity which abuts any other zone shall not exceed the maximum permitted level for the octave band as provided in Table 3, Section 10-5-14 of this Chapter.

         b.   Method Of Measurement: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network and "slow" meter response of the sound level meter. Impulsive type noises shall be subject to the performance standards if those noises are capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this Title, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (2) decibels. Noises capable of being so measured, but objectionable because of intermittence, beat, frequency or shrillness shall be controlled so as not to become a nuisance to adjacent uses.

         c.   Exception: Nothing in this Chapter shall apply to noises not directly under the control of the property user; noises resulting from the construction and maintenance of buildings and facilities including site preparation; noises of safety signals or warning devices and noises of railroad or trucking equipment.

      2.   Vibration: Steady-state vibrations, for the purpose of this Title, are vibrations which are continuous or vibrations in discrete pulses more frequent than one hundred (100) per minute. Discrete pulses which do not exceed one hundred (100) impulses per minute shall not cause displacement in excess of twice the values established in Table 4, Section 10-5-14 of this Chapter. Impact vibrations shall mean vibrations occurring in discrete pulses separated by an interval of at least one minute and numbering no more than eight (8) per twenty four (24) hour period.

         a.   Permitted Vibration Displacements: At no point on or beyond the boundary of any lot shall the ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property uses) exceed the limits as established in Tables 4 and 5, Section 10-5-14 of this Chapter, for the OR and LI Zones.

         b.   Method Of Measurement: For the purpose of measuring vibrations, a three (3) component measuring system shall be used. A three (3) component measuring system denotes instrumentation which can measure earthborn vibrations in three (3) directions, each of which occurs at right angles to the other two (2).

      3.   Smoke And Particulate Matter: The emission, from all sources within any lot, or particulate matter containing more than five percent (5%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. Emission of particulate matter from such sources in excess of weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density equal to, or greater than No. 2 on the Ringelmann Chart is prohibited at all times except as otherwise provided herein.

         a.   Smoke Emission: In the OR and LI Zones, the emission of more than twelve (12) smoke units per stack in any one hour period is prohibited; however, once during any six (6) hour period each stack shall be permitted up to twelve (12) additional units in a fifteen (15) minute period for soot blowing and fire cleaning. Only during such fifteen (15) minute periods shall smoke of a density equal to, but not exceeding, Ringelmann No. 3 be permitted and then only for fire cleaning and for not more than four (4) minutes per period.

         b.   Particulate Matter Emission: The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in Table 6, Section 10-5-14 of this Chapter.

         c.   Methods Of Measurement:

            (1)   Smoke: For the purpose of grading the density of emission of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. For the purpose of determining smoke units, the Ringelmann density reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed and the products added together to determine the total number of smoke units observed during the total period of observation.

            (2)   Particulate Matter: The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows:

Determine the maximum emission in pounds per hour from each source of emission and divide by the number of acres of lot areas, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rates of emission as derived above to obtain the total rate of emission from all sources within the boundaries of the lot. It is this total that shall not exceed the rate established in table 6, section 10-5-14 of this chapter.

      4.   Odors: No continuous, frequent or repetitive emission of odors or odor causing substances which would be offensive beyond any property lines of any industrial use will be permitted. An odor emitted no more than fifteen (15) minutes in any one day shall not be deemed as continuous, frequent or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernable odor is being emitted. Any process which may involve the creation or emission of any odors shall be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Illinois air pollution control board shall be complied with.

      5.   Radiation Hazards: The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with:

         a.   The applicable regulations of the atomic energy commission; and

         b.   The applicable regulations of any instrumentality of the state.

      6.   Fire And Explosive Hazards:

         a.   The provisions of 225 Illinois Compiled Statutes 210/1001 et seq., shall be complied with and no explosives shall be stored, used or manufactured without first submitting to the zoning officer a certificate of compliance from the Illinois department of mines and minerals.

         b.   No gasoline or other inflammables or explosives shall be stored unless the location, plans and construction conform to the laws and regulations of the state of Illinois fire marshal's office.

      7.   Glare And Heat: Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky reflected flare shall emanate from any use or activity so as to be visible at any point on or beyond the boundary of the lot on which such use or activity is located. This restriction shall not apply to signs otherwise permitted by the provisions of this title or other applicable ordinances, nor to activities of a temporary or of an emergency nature. Night lighting necessary for safety and the protection of property is excluded from this provision.

      8.   Electromagnetic Interference: There shall be no electromagnetic interferences that adversely affect the operation of any equipment other than that belonging to the creator of such interference or that does not conform to the regulations of the federal communications commissions.

   C.   Enforcement: The zoning officer shall enforce the provisions of this chapter. Upon confirmation of a violation, enforcement and penalty provisions of section 10-7-5 of this title shall prevail. In addition, the village may require the installation, maintenance and operation by the offending industry of continuous measuring or recording instruments to demonstrate the operation and to ensure continuous compliance with the prescribed standards. (Ord. 91-341, 4-2-1991)

All of the provisions of this chapter which apply to the LI district shall apply in the same manner to the LI-1 and LI-2 districts. (Ord. 2004-651, 2-17-2004)

Title 9 of this code shall be complied with, in addition to the requirements of this title. (Ord. 91-341, 4-2-1991)

   A.   Purpose: In addition to the general purposes of this title, the regulations contained herein are established for the following purposes:

      1.   To establish reasonable rules and regulations governing the intensity of land development in relation to the natural capabilities of the environment to sustain disturbance without significant disruption to the natural functions and ecological processes provided by the sensitive natural resources and features.

      2.   To prohibit uses and structures which are incompatible with the character of land and the natural resources and features thereon.

      3.   To protect persons and property from hazards resulting from the inappropriate development of land containing sensitive, unstable or hazardous natural resources or features.

      4.   To promote the orderly development of the Village in accordance with the Official Plan.

   B.   Applicability: This regulation shall apply in the following instances:

      1.   Any lot or parcel for which a building permit is requested where such lot contains any of the natural resources or features identified herein provided that any lot of forty thousand (40,000) square feet which legally exists as of the date of adoption of the Ordinance codified in this Title, including any legal nonconforming lot which is held in single ownership as of the date of adoption of the Ordinance codified in this Title shall not be denied a building permit solely because of any failure to conform to the standards of this Section. Further, no such existing lot which is not a nonconforming lot shall be designated a nonconforming lot solely because of any failure to conform to the standards of this Section.

      2.   The subdivision of any parcel of land which is subject to the regulations of Title 11 of this Code into two (2) or more lots.

      3.   The construction or development of any planned unit development which contains a total of ten (10) or more dwelling units.

      4.   The site capacity calculations required by subsection C below shall be waived by the Plan Commission for properties of less than ten (10) acres when the Commission determines that no natural resources or natural features identified by this regulation are present on such properties.

   C.   Site Capacity And Environmental Performance Standards:

      1.   In addition to all lot area, yard and bulk regulations established by Section 10-4-2 of this Title or by any conditional use, variation or annexation agreement, all developments subject to this regulation shall comply with those standards specified in the following table governing the minimum open space ratio, maximum density factor, maximum gross density, maximum impervious surface ratio and maximum floor area ratio.

      2.   Site capacity for any proposed development is equal to the net buildable area of the site multiplied by the density factor, in the case of residential uses; or by the floor area ratio or impervious surface ratio, whichever is more restrictive, in the case of nonresidential uses. The site capacity calculation provides the mechanism for subtracting from the base site area all portions of a site inappropriate for development.

   D.   Site Capacity Calculation: The following calculations shall be submitted for all development to which this regulation applies, prior to the approval of any preliminary or final plat of subdivision, the commencement of any site development or the issuance of any building permit:

      1.   Base Site Area (All Land Uses): The base site area shall be determined by the following calculations.

 

      2.   Resource Protection Land (All Land Uses): All land area consisting of the natural resources or natural features listed below shall be measured. The total acreage of each resource shall be multiplied by its respective open space ratio to determine the amount of resource protection land or area required to be kept in open space in order to protect the resource or feature. In those areas of a site which consists of two (2) or more natural resources or features, only that resource or feature which is subject to the highest open space ratio shall be calculated. This sum total of all resource protection land on the site equals the total resource protection land.

 

      3.   Recreational Land (Residential Subdivision And Planned Development Uses Only): This calculation is required for all residential subdivisions or planned unit developments with the exception of subdivisions which would be required to provide less than one-fourth (1/4) acre by the following calculation. This calculation does not apply to individual residential lots or to nonresidential uses. Total recreation land required for residential uses is as follows:

 

      4.   Site Capacity (Residential): Individual site capacity is determined by multiplying the density factor by the net buildable site area to obtain the maximum number of dwelling units permitted. The calculations are as follows:

 

      5.   Site Capacity (Nonresidential): Individual site capacity is calculated as follows. Both maximum impervious surface area and maximum floor area must be calculated.

 

   E.   Environmental Protection Standards:

      1.   General Standards:

         a.   Prior to the commencement of any development subject to this Regulation, plans and other information reasonable necessary to identify and verify the existence of any of the environmental features noted below shall be submitted. All plans for development shall account for such features and shall fully comply with the environmental protection standards applicable to each feature. Site alterations, regrading, filling and clearing of vegetation after the adoption of this Regulation but prior to the submission and approval of such plans shall be a violation of this Title. All references to "open space" shall mean the term as it is defined herein.

         b.   In any proposed development wherein resources and open spaces are required to be protected and preserved, the developer shall furnish the Village a preliminary resource protection plan at the time of submission of the preliminary development plan or tentative plat. This plan shall be drawn to the same scale as the preliminary development plan, tentative plat or site plan and shall include the following:

            (1)   Natural conditions of the site including topography, drainageways, watershed divides and all resources required to be protected.

            (2)   Proposed site improvements including the location, size (footprint or building pad) of buildings, septic system or alternative systems, drainage and detention improvements.

            (3)   All proposals, features or structures intended to protect and preserve resources both during construction and in the completed project including but not limited to easements, dedications grading, structures, fences, reforestation and compensatory features.

         c.   The final plat shall show any approved easements, dedications or other appropriate means used to implement the resource protection plan.

      2.   Flood Plain:

         a.   Permanent Open Space: All flood plains shall be permanent open space.

         b.   Permitted Uses: Only those uses permitted by Title 9 of this Code.

      3.   Wetlands:

         a.   Permanent Open Space: All such areas shall remain as permanent open space. Wetlands may be deepened or enlarged but wetlands shall not be filled except in accordance with regulations of Title 9 of this Code.

         b.   Permitted Uses: Only those uses which are permitted by right in flood plains shall be permitted by right in wetlands. These uses are specified in Title 9 of this Code.

All other structures and uses permitted by the underlying zoning may be permitted in a wetland pursuant to the issuance of a variance. The standards and procedures for such variance shall be the same as those for flood plain uses established by Title 9 of this Code.

      4.   Steep Slopes: In areas of steep slopes, the following standards shall apply:

         a.   Fifteen To Thirty Percent Slope: At least fifty percent (50%) of such areas shall remain as permanent open space. No more than thirty percent (30%) of such areas shall be developed and/or regraded or stripped of vegetation, with the exception that no more than twenty percent (20%) of such areas may be disturbed in the case of Rodman Soils.

         b.   More Than Thirty Percent Slope: At least sixty percent (60%) of such areas shall remain as permanent open space. No more than fifteen percent (15%) of such areas shall be developed and/or regraded or stripped of vegetation, except that no more than five percent (5%) of such areas may be disturbed in the case of Rodman Soils.

      5.   Forest:

         a.   In forests containing a combination of young woodlands and mature woodlands, the total area that may be cleared shall be determined by the calculations in subsection D2 Resource Protection Land. The maximum area which may be cleared may be determined by calculating the weighted average open space ratio applicable to the forest as a whole; that is, forest multiplied by the area contained within that type of forest and divided by the entire area of forest on the site.

Where the forest stands are of a single category, the following standards apply: No more than thirty percent (30%) of any mature woodland may be cleared or developed. The remaining seventy percent (70%) shall be maintained as permanent open space. No more than sixty percent (60%) of any young woodland shall be cleared or developed. The remaining forty percent (40%) shall be maintained as permanent open space or may be included as part of an enlarged lot or lots in accordance with subsection F of this Section. A tree survey may be submitted but is not required in order to delineate woodland areas. In addition:

            (1)   The developer may designate a new forest area on a part of the site not forested. A reforestation plan shall be submitted showing the location, size and type of all plant materials to be installed. Such materials shall be of a suitable type and compatible with the existing or native vegetation of the site.

            (2)   The new forest area shall consist of one and two-tenths (1.2) times the surface acreage of the forest area disturbed by the development.

            (3)   The following amount of plant materials shall be provided per each acre of new forest to be established. Fractional requirements resulting from fraction of acres to be established shall conform to lists of approved plant materials by soil types provided by the Director of Planning. Either of the following two (2) options may be chosen:

 

      6.   Lakes And Ponds: All such areas shall be permanent open space. No development or diverting of these bodies of water shall be permitted except to provide required roads. Filling shall be permitted only in conjunction with deepening the land and is permitted only if surface area and flood retention capabilities remain unchanged or are enlarged. Notwithstanding the regulations herein, where the U.S. Army Corp of Engineers wetland regulations impose a higher standard or greater restriction, such regulations shall be met.

      7.   Lake Shorelines: The shorelines of lakes, consisting of the area within one hundred feet (100') from the shorelines, shall contain no more than fifteen percent (15%) impervious surfaces. At least seventy five percent (75%) of all such areas shall be permanent open space.

      8.   Pond Shorelines: The shorelines of ponds consisting of the area within fifty feet (50') from the shoreline shall contain no more than fifteen percent (15%) impervious surfaces. At least seventy five percent (75%) of all such areas be permanent open space.

      9.   Drainageways:

         a.   Permitted Uses: No portion of a natural drainageway shall be developed. An existing natural drainageway may be improved and up to fifty percent (50%) of the area of such drainageway may be used for other permitted open uses such as passive recreation, storm water detention or circulation provided that the remaining area shall be improved only as follows:

            (1)   The time of concentration of stormwater flows remains unchanged or is lengthened;

            (2)   Stormwater and ground water storage capacity are unchanged or increased;

            (3)   Natural vegetation is installed;

            (4)   The resultant new drainageway has less velocity than preexisted or reduces stream-bank erosion.

         b.   For those developments which do rely on underground absorption fields, the extent of the drainageway shall be determined either by its order of magnitude or the limits of the seasonably saturated soils presented in the drainageway, whichever area is greater. For the purpose of this determination, for following soil types identified by the Soil Survey shall be considered seasonally saturated drainageway soils.

 

 

         c.   Obstructions: In no event shall filling or grading be permitted which would result in surface water flows being interrupted, causing flooding or inundation of upstream or downstream property owners. The Zoning Officer may require installation of storm sewers, ditches or other devices to ensure that these provisions are met.

   F.   Open Space:

      1.   General Requirements: The location and total areas of all open space required by this Title shall be clearly indicated on the plans submitted pursuant to subsection D of this Section. Open space shall be designated in one or more of the following ways:

         a.   Natural Areas: Natural areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands, woodland swamps (hydric soils), prairies, wetlands (hydric prairies) and savannah are specific types of natural areas.

         b.   Recreational Areas: Recreational areas designated for specific, active recreational uses, such as tot lots, tennis courts, swimming pools, ballfields and similar uses.

         c.   Greenway Acres: Greenway acres are linear green belts linking residential areas with open space areas. These greenways may contain bicycle paths, foot paths and bridle paths. Connecting residential and recreational areas with greenways is encouraged.

         d.   Buffers: Buffers are generally landscaped and serve to separate residential uses from adverse uses or highly traversed roadways.

         e.   Agricultural Areas: Agricultural areas or garden plots are areas reserved for agriculture including croplands, pastures and garden plots.

Land designated as open space shall be maintained as open space for the use designated and may not be separately subdivided or developed except as provided herein. Land which is required by this Title to remain as open space may be used for the recreational, agricultural, resource protection, amenity and other purposes specified in this Chapter and is designated on the plans. Recreation open space areas shall be generally accessible to all residents of a development. Access between agricultural areas and nonagricultural areas may be restricted. Access to land remaining in open space for the purpose of protecting natural resources may also be restricted in order to ensure such protection. Except as otherwise provided in this Title, no area occupied nonrecreational, roads, road rights of way or parking areas shall be counted as designated open space.

      2.   Preservation Of Open Space: Open space areas shall be designed so their use and enjoyment as open space are not obstructed. Open space areas shall be maintained as specified below. The form of open space ownership shall be designated on the plans. Open space areas may be owned and preserved by any of the following mechanisms or combinations hereof:

         a.   Dedication of open space to the Village, an appropriate public agency or not-for-profit organization, approved by the Village Board, which is willing to accept the dedications.

         b.   Common ownership of the open space by a homeowners' or property owners' association which assumes full responsibility for its maintenance and which shall prevent development and/or subsequent subdivision of the open space land for other than open space purposes. In the event that open space is to be owned and maintained by such an association, documents establishing the association, detailing its obligations and otherwise providing for the maintenance and preservation of open space areas shall be prepared and submitted with the plans. Covenants shall provide for the mandatory inclusion of all property owners for the purpose of being responsible for the continual maintenance of the open space and recreational areas.

         c.   Deed restricted private ownership which shall ensure that no development and/or subsequent subdivision of the open space land for other than open space uses shall be permitted. The maintenance responsibility of all open space areas shall be specified and provision shall be made for guaranteeing this responsibility.

         d.   Conservation rights conveyed in accordance with and subject to the provisions and requirements contained in "An Act Relating Conservation Rights in Real Property 1 ", provided the items of such conveyance have been reviewed and approved by the Village Board.

In the event that any property owners' association, private party or other agency charged with the responsibility of maintaining open space fails to maintain the open space, the Village or its designated agent may proceed to correct the failure of maintenance, following reasonable notice and demand that the deficiency of maintenance be corrected; however, no prior notice is required if the failure to so maintain has created a clear and imminent hazard to the health, safety or welfare of the residents or the general public. The cost of such maintenance to the Village shall be charged against that person, association or agency having the responsibility for maintenance of the open space.

      3.   Maintenance Of Open Space: Maintenance of open space shall be as follows:

         a.   Conservation And Natural Areas: Maintenance of conservation areas and natural areas of undisturbed vegetation or replanted areas shall consist of the removal of litter, diseased trees, junk or debris. Natural watercourses shall be maintained free- flowing and devoid or debris. Stream channels shall be maintained so as not to alter flood plain levels.

         b.   Recreational Areas: Maintenance of recreational areas shall consist of all acts necessary to ensure that recreational areas remain in usable condition and that no hazards, nuisances or unhealthy conditions exist.

         c.   Greenway Areas: Maintenance of greenway areas and bufferyards shall consist of all acts necessary to ensure that the areas remain usable as originally designed and that no hazards, nuisances or unhealthy conditions exist.

         d.   Retention/Detention Open Space Areas: Maintenance of open space areas used for retention/detention shall comply with the standards of subsection E9 of this Section.

         e.   Agricultural Areas: Maintenance of agricultural areas and garden plots shall remain as active agricultural uses or as conservation or natural areas (fallow areas) as provided above.

   G.   Lot Standards: The following standards shall apply to both existing oversize lots and parcels and to all lots created pursuant of this Title provided that in planned unit developments individual lot standards may be waived in whole or in part in favor of strict compliance with the overall capacity and resource protection regulations herein.

      1.   Any lot containing either a mature or young woodland shall be oversized in accordance with the following:

         a.   For completely wooded lots the minimum lot area shall be as follows:

 

         b.   For partially wooded lots, the minimum required lot area shall be calculated by taking the minimum lot area required for completely wooded lots as shown above and subtracting therefrom an area equal to that portion of the lot which is not subject to resource protection for woodlands.

         c.   For lots containing a mixture of young and mature woodlands the minimum lot area shall be calculated on a pro rata basis.

         d.   Any lot containing lands which are not subject to resource protection in an amount equal to the minimum lot size required by the this Title for the district in which they are located (lots not otherwise subject to the provisions of this Title) may contain additional land or area which is subject to resource protection.

      2.   Lots containing soils designated as drainageway soils shall be platted as oversize lots in accordance with the following standards:

 

 

      3.   Where a lot contains woodlands or other protected resources and drainageway soils or a combination of these two (2) features, the size of the lot shall be increased so as to protect the woodlands as provided in subsection G1 above, and provide forty thousand (40,000) square feet of developable land free of drainageway soils and other protected resources as provided in subsection G2 above. (Ord. 91-341, 4-2-1991)

   A.   Site Plan Review:

      1.   Purpose: It is the purpose of this Section to provide additional regulations for the establishment of certain uses in accordance with the Comprehensive Plan of the Village and to establish a procedure for the coordinated review of such uses for compliance with the requirements of the several ordinances of the Village. Included here are standards and procedures for the review and approval of specific uses whether they be uses otherwise permitted by right, conditional uses or accessory uses.

      2.   Responsibility: The review of site plans as provided herein shall be the responsibility of the Plan Commission and any use for which site plan review is required shall be established only with the approval of the Plan Commission.

      3.   Uses Requiring Site Plan Review: The following uses shall be subject to the site plan review standards and procedures herein:

         a.   A site plan for a conditional use shall be submitted to the Plan Commission at least thirty (30) days prior to the required public hearing.

         b.   Any use located in an overlay district for which site plan review is required as provided in Section 10-4-3.

      4.   Required Information: The following information or documents shall be submitted to the Plan Commission for their review and consideration provided that the chairman may waive the submission on any document or other information which he finds is not applicable to the use in question or to the regulations of the district in which it is located:

         a.   Survey of the property.

         b.   The location and size (footprint) of all buildings and structures.

         c.   Parking, circulation and access including any required State or County access permits.

         d.   Exterior lighting, signage and fencing.

         e.   On-site septic layout or plan of alternative system.

         f.   Drainage and detention plan.

         g.   Soils analysis or report from the Lake County Soil and Water Conservation District, if one is required.

         h.   Topographic survey.

         i.   Landscape plan.

         j.   Natural resources protection plan.

         k.   Elevation drawings, photographs or renderings (Historic Overlay District only).

         l.   Additional information or documentation as may be required of a particular conditional use.

      5.   Timing: The Plan Commission shall have thirty (30) days from the date of receipt of all required information to complete its review and either approve, approve with modifications or conditions, or disapprove the site plan.

      6.   Standards For Approval: In approving a site plan the Plan Commission shall be guided by the following rules, regulations or standards where applicable:

         a.   The Comprehensive Plan of the Village.

         b.   The various provision of this Title including but not limited to, industrial performance standards, lot, yard and bulk regulations, site capacity regulations, standards for certain permitted uses, standards for conditional uses, standards for accessory uses, sign regulations and off-street parking and loading regulations.

         c.   The various provisions of the subdivision regulations as they otherwise apply to drainage and stormwater detention and the installation of improvements.

         d.   The standards of the Wadsworth Landscape Ordinance or such other landscape standards as may be approved by the Board of Trustees of the Village.

         e.   The regulations of An Ordinance Regulating Development In Special Flood Hazard Areas in the Village, where applicable.

         f.   The requirements and regulations of the Lake County Health Department, Department of Public works and the Lake County Department of Transportation, where applicable.

         g.   The prior conditions of approval established for any subdivision, planned unit development or conditional use of which the lot or parcel in question is a part.

      7.   Engineer To Approve: The Village Engineer shall review site plans relative to all matters concerning drainage detention, floor elevation, culverts inverts, wastewater treatment and water supply and distribution systems and shall report his finding to the Plan Commission, where applicable. No site plan shall be approved by the Plan Commission without the prior approval of the Village Engineer.

   B.   Greenhouse And/Or Nursery Center:

      1.   The site shall contain at least five (5) acres.

      2.   All buildings shall be set back from all lot lines a minimum of sixty feet (60').

      3.   Circulation of traffic shall be without hazard. Ingress and egress to and from the property should be separated.

      4.   There shall be at least one parking space per two hundred (200) square feet of inside or outdoor sales and display area.

      5.   Parking areas shall be off-street and shall be maintained in a dust-free condition and located so as to afford highway traffic a clear view of exiting and entering vehicles.

      6.   Truck and customer traffic shall be separated whenever possible.

      7.   All plans relating to drainage and runoff shall be submitted to the Building Inspector for approval prior to the issuance of a building permit.

   C.   Dwelling Unit Standards:

      1.   The following minimum floor area standards shall apply to all newly constructed housing units in the Village:

 

(Ord. 91-341, 4-2-1991)

   D.   Farm Animals: The keeping of farm animals in the SE Suburban Estate and SR Suburban Residential Zones shall be permitted only on lots of two hundred thousand (200,000) square feet or more. Such farm animals shall only be kept or housed on a not for profit basis. This prohibition shall not apply to the keeping of chickens (hens only) upon lots of less than two hundred thousand (200,000) square feet in accordance with the provisions of subsection 10-5-7G of this chapter. (Ord. 2019-1060, 5-7-2019)

   A.   Purpose: In addition to those uses permitted by right in each district, there are certain other uses which may be permitted by conditional use permit, subject to the provisions in this section. These conditional uses require particular consideration of surrounding uses and zoning districts and their impact upon the planned and orderly development of the neighboring property and the Village.

   B.   Location: Particular conditional uses may be permitted in zoning districts as shown in section 10-4-4, table 1 of this title.

   C.   Standards For All Conditional Uses: The Village Board may authorize a conditional use as provided herein upon determining and finding as fact, the following:

      1.   Public Convenience: That the proposed use is necessary or desirable at the location involved to provide a service or facility which will further the public convenience and contribute to the general welfare of the neighborhood or community.

      2.   Not Detrimental To Property: That the proposed use will not be detrimental to the value of other properties or improvements in the vicinity.

      3.   Compliance With Regulations: That the proposed use will comply with the regulations of the zoning districts in which it is located and this title generally, including, but not limited to, all lot, yard and bulk regulations, parking and loading regulations, sign control regulations, floodplain regulations and all other applicable ordinances.

      4.   Stipulations And Conditions: That the proposed use shall conform to any stipulations or conditions made a part of a conditional use permit issued for such use.

      5.   Specific Conditional Uses: That the proposed use shall conform to the regulations established for specific conditional uses as provided in this section. (Ord. 91-341, 4-2-1991)

      6.   Public And Private Utilities, Public Services: Buildings, structures, and transmission lines not designed primarily for local service only, including, but not limited to, water, sewerage, gas, telephone, and/or electric utilities; and police, fire, radio, and television stations, including broadcasting antennas shall be permitted only a conditional use and shall comply with subsections C1 through C5 of this section and with the following:

         a.   Jurisdictional Approval: Applications for permission to operate waterworks or sewage treatment plants shall be accompanied by a report and a recommendation from all governmental entities having jurisdiction. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent shall be incorporated in the conditional use permit.

         b.   Lot Area And Location: The required lot area and location shall be specified as part of the conditional use permit and be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.

         c.   Fencing Or Screening: If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.

         d.   Performance Standards: The proposed structure or use shall satisfy the performance standards set forth in Section 10-5-1 of this Chapter. (1996 Code)

   D.   Application: Application for a conditional use permit shall be made to the Village Clerk in writing by the owner of the property in question and shall be accompanied by:

      1.   The information and documentation required for site plan review 1 .

      2.   Additional information as required in this Section.

   E.   Standards For Specific Conditional Uses: In addition to the general standards for conditional uses established above, the following conditional uses shall comply with the specific standards herein established:

      1.   Airports And Heliports:

         a.   The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Administration and the Illinois Department of Aeronautics for the class of airport proposed in accordance with their published rules and regulations.

         b.   Any building, hangar or other structure shall be at least three hundred feet (300') from any street or property line.

         c.   There shall be an adequate number of off-street parking spaces. The off-street parking design shall be reviewed for approval by the Village.

         d.   If airport zoning is not in effect:

            (1)   Any proposed runway or landing strip shall be situated so that the approach zones are free of any flight obstructions such as towers, chimneys, other tall structures or natural obstructions outside the airport site.

            (2)   There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Administration. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application. The Village may require and the developer shall submit any environmental assessments, noise studies, traffic studies or similar impact or operating studies or projection prepared by the developer or owner and submitted to either the Federal Government or the State in order to obtain any licenses, permits or grants. In the absence of such studies, the Village may request same.

      2.   Automobile Wrecking Yard:

         a.   The site, its size, topography, location, boundaries and surrounding uses shall be such that the site can, as a practical matter, be screened from the public view, from any collector or larger street and from any adjoining residential district in accordance with the standards provided below. Any site which fails to meet this standard shall not be considered.

         b.   Any automobile wrecking yard, junkyard, scrapyard or salvage yard for which permission is granted under this Section shall at all times be subject to the performance standards established for the LI Zoning District.

         c.   All outdoor storage areas shall be screened or fenced with a solid fence at least six feet (6') but no more than eight feet (8') in height, earth berms or enclosed with a dense evergreen growth at least six feet (6') in height. Storage or placement of wrecked vehicles or other salvage of any type between the street and such fence or screen is expressly prohibited.

         d.   Any junk or salvage yard which offers to the public at retail any new or used merchandise shall provide at least two (2) parking spaces in an off-street parking lot per one hundred (100) square feet of retail floor space.

      3.   Camp, Day Or Youth:

         a.   Application for permission to construct or operate a day camp or youth camp shall be accompanied by a report and recommendation from the Lake County Health Department.

         b.   The site for any day or youth camp shall include a usable outdoor recreation area of not less than one acre per fifty (50) persons for which other facilities are provided. The recreation area shall not be part of any required yard.

         c.   In addition to the front yard required in the zone in which the camp is located, there shall be two (2) side yards and a rear yard of at least fifty feet (50') each.

         d.   All outdoor recreation areas within two hundred feet (200') of a street or boundary line shall be fenced.

         e.   No outdoor recreation apparatus or play field shall be located in any required yard.

      4.   Camp, Commercial Recreational:

         a.   The facilities of any commercial recreational camp shall be approved by the Lake County Health Department before such camp begins operation.

         b.   Inspections shall be made from time to time by the Lake County Health Department and by the Village to assure that facilities continue to meet the requirements of all applicable Village ordinances and regulations.

         c.   No structures on the camp site or camping trailers shall be used as permanent living quarters unless such structure meets all the requirements of the Building Codes of the Village 2 . (Ord. 91-341, 4-2-1991)

      5.   Child Care Facility:

         a.   Applications for permission to construct or operate a child care facility shall be accompanied by copies of all valid permits issued and required by the State of Illinois, Department of Children and Family Services and any other applicable County, State or Federal agency. If such permits cannot be obtained prior to the time of application, the application shall be accompanied by a report from the appropriate licensing agency, if any, stating how the applicant intends to meet these requirements. (Ord. 91-341, 4-2-1991; 1996 Code)

         b.   Applications for permission to construct or operate a child care facility shall be accompanied by a report and recommendation from the Lake County Health Department.

         c.   There shall be a minimum of one hundred (100) square feet of safe, outdoor play area for every child for which the facility is licensed to accommodate.

         d.   There shall be a minimum of thirty five (35) square feet of usable indoor floor area for every child for which the facility is licensed to accommodate. Usable floor area does not include administrative space, storage areas, bathrooms, hallways, kitchen or other areas that are not used for direct activities with children.

         e.   All outdoor play areas shall be fenced.

         f.   No outdoor play apparatus or play field shall be located in any required yard.

         g.   Any child care facility intended or licensed to accommodate more than fifty (50) children shall take access only from arterial or collector roads.

         h.   Nothing contained within this Title shall prohibit the establishment or operation of a noncommercial child day care facility which has been licensed by the State and is accessory and incidental to a principal commercial or industrial use. As a noncommercial accessory use, the day care facility shall accommodate only the children of persons employed on the premises or shall accommodate children only on an irregular basis solely for the convenience of the patrons of the principal use.

      6.   Cemetery:

         a.   The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets, including the enlargement of existing streets in the vicinity. In addition, the site shall have direct access to a public thoroughfare.

         b.   Any new cemetery shall be located on a site containing at least ten (10) acres.

         c.   All burial buildings shall be set back at least eighty feet (80') from any street bounding the cemetery and at least fifty five feet (55') from all side and rear lot lines. A burial building is any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or columbaria.

         d.   All graves or burial lots shall be set back at least thirty feet (30') from any street bounding the cemetery and at least twenty five feet (25') from all side and rear lot lines.

         e.   Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently occupied. Any expansion to land not occupied at the time of adoption of the Ordinance codified in this Title must comply with the requirements of this subsection subsequent to the issuance of a conditional use permit.

         f.   Adequate parking shall be provided on the site and no cemetery parking shall be permitted on any public street. (Ord. 91-341, 4-2-1991; 1996 Code)

      7.   Extraction Of Earth Products:

         a.   An application for extractive operations shall be accompanied by a map, drawn at a scale of one inch equals one hundred feet (1" = 100') or larger showing the following:

            (1)   Existing topography at two foot (2') or more frequent contour intervals.

            (2)   Locations of watercourses and drainage systems.

            (3)   An outline of the area to be excavated.

         b.   An additional map(s) drawn at the same scale shall show a general plan for proposed operations and rehabilitation of the site including the following:

            (1)   The locations of proposed watercourses and drainage systems including lakes, ponds and retention areas.

            (2)   The sequence of operations and the schedule of rehabilitation measures.

            (3)   The proposed locations of sorting, grading, crushing and similar equipment necessary to the operation and initial distribution of stockpiles.

            (4)   The proposed locations of any buildings, scale house, equipment storage areas and equipment repair sheds or areas.

            (5)   Site rehabilitation plans shall include proposed future land uses, proposed roadways, park lands and recreational features.

         c.   The operation and rehabilitation of extractive products areas shall be in accordance with the following conditions:

            (1)   Excavation shall not take place within a minimum of one hundred feet (100') of any boundary line. Where deep quarrying (30 feet or more) is planned, boundary setbacks shall be a minimum of one hundred fifty feet (150') or shall conform to State reclamation standards.

            (2)   Buildings, structures and storage or repair areas shall be located in conformance with yard requirements of the zone in which they are located.

            (3)   Access ways and roads shall be maintained in a dust-free condition either by oiling or by spraying with calcium chloride.

            (4)   Perimeter roads shall be buffered from extraction activities with earth mounds at least ten feet (10') in height which store topsoil. Mounds shall be planted with grass or other suitable material, such as viburnum, as an erosion retardant.

            (5)   All truckloads of extracted materials removed from the site shall be covered with tarpaulins in conformance to State standards to ensure public safety and prevent damage to individuals or other vehicles.

            (6)   All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, sinking or collapse of supporting soil adjacent to an excavation. All operations shall be fenced. No extractive operation shall be conducted in a manner so as to lower the water table on surrounding properties.

            (7)   No excavation, removal or fill shall be permitted if the finish conditions would contain the following:

               (A)   Deep pits having side slopes of greater than thirty degrees (30°).

               (B)   Serious on site erosion problems or erosion problems which could extend to neighboring properties.

               (C)   Undrained depressions other than artificial lakes or drainage problems which adversely affect neighboring properties. (Ord. 91-341, 4-2-1991)

            (8)   No processing and stockpiling operations shall be conducted closer than six hundred sixty feet (660') from any SE (suburban estate), SR (suburban residential), or SD (southeast district) district or within six hundred sixty feet (660') of any public or private educational facility. All processing operations should be enclosed whenever possible and shall be enclosed whenever the operation is to be for a larger period of time than nine (9) months. Stockpile areas shall be screened from view.

No extraction operations shall be conducted in such a manner that the groundwater table of surrounding properties is lowered. This determination is to be made from data secured from testing wells installed, located, operated and maintained by the operator on the perimeter of the excavation site. (Ord. 2009-794, 11-3-2009)

         d.   Conditional use permits for the extraction of earth products shall be issued for a period of time not to exceed ten (10) years. Such permits are renewable for additional five (5) year periods.

         e.   A corporate surety bond or guaranteed letter of credit shall be furnished to the village to assure compliance with the approved rehabilitation map. The bond or letter of credit shall be in the amount of one thousand dollars ($1,000.00) per acre, whichever is greater, for the completion of operations and the rehabilitation of the tract.

      8.   Public And Private Utilities And Services:

         a.   Lot Area And Location: The required lot area and location shall be specified as part of the conditional use permit and be determined in relation to the proposed use, the intensity of such use and the effects of such use upon the environment.

         b.   Fencing Or Screening: If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with densely planted evergreen hedge or other shielding material may be required in a manner consistent with such findings. (Ord. 91-341, 4-2-1991)

      9.   Recreational Vehicle And Recreational Trailer Sales:

         a.   The minimum lot area shall be four (4) acres.

         b.   The hours of operation, when the facility is open for business to the public, shall be limited to between seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M.

         c.   The sale of related goods and services, which are reasonably related to the sale of recreational vehicles or recreational trailers, or are customarily sold with said sales, are permitted as accessory uses to the conditional use.

         d.   Adequate provisions are made for vehicular ingress and egress, as well as parking.

         e.   Incidental storage of recreational vehicles or recreational trailers is permitted as an accessory use to the conditional use; provided that said storage is done in a neat and orderly fashion. (Ord. 422, 6-6-1995)

      10.   Contractor's Office Including Materials And Equipment Storage:

         a.   The site, its size, topography, location, boundaries and surrounding uses shall be such that the site can, as a practical matter, be screened from the public view, from any street and from any residential district in the area in accordance with the standards provided below. Any site which fails to meet this standard shall not be considered.

         b.   Any contractor's office, including materials and equipment storage for which permission is granted under this section, shall at all times be subject to the performance standards established for the industrial district as outlined in section 10-5-1 of this chapter.

         c.   All outdoor storage areas shall be screened or fenced with a solid fence at least six feet (6') but no more than eight feet (8') in height, or earth berms at least six feet (6') in height with dense planting on its slopes.

         d.   No company trucks, equipment, or materials shall ever be stored temporarily or permanently between the street and any office, structure, accessory building or fence. (Ord. 2008-768, 10-21-2008)

      11.   Medical Cannabis Cultivation Center:

         a.   Definitions:

   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.

   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 agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.

   MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.

   MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked.

         b.   Location Restrictions: A registered cultivation center may not be located within two thousand five hundred feet (2,500') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or an area zoned for residential use 3 .

         c.   Site Plan Review: The use shall be subject to all site capacity calculation and site plan review procedures as required by this title.

         d.   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) and all rules and regulations adopted in accordance thereto.

         e.   Single Use Property: Medical cannabis cultivation centers shall not be established in multiple use or tenant property or on a property that shares parking with other uses.

         f.   Setbacks: A medical cannabis cultivation center shall be a minimum of one hundred feet (100') from all property lines.

         g.   Parking: Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by cultivation center staff continually recorded in a tamperproof format.

         h.   Signage:

            (1)   All signage for the medical cannabis cultivation center shall be limited to one flat wall sign not to exceed ten (10) square feet in area, and one identifying sign, which can only include the dispensary address, not to exceed two (2) square feet in area; such signs shall not be directly illuminated.

            (2)   Electronic message boards and temporary signs are not permitted in connection with a cultivation center.

            (3)   Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts or any realistic or stylized graphical representation of drug paraphernalia.

            (4)   Signs shall not include any wording that would identify the property as a medical marijuana dispensary or use clinical, botanical or slanging terms for cannabis, cannabis consumption, cannabis intoxication or drug paraphernalia including, but not limited to, "cannabis", "marijuana", "weed", "pot", "420", "joint", "Mary Jane", "ganja", "hash", "herb", "doobie", "bong", "blunt", "bowl", "zoned", "sloshed", "burnt", "stoned", "green day", "reefer", "smoke", "toke", "wacky tobaccy/baccy", "spliff", "roach", "skunk", etc.

         i.   Age And Access Limitations: It shall be unlawful for any medical cannabis cultivation center to allow any person who is not at least eighteen (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).

         j.   Security And Video Surveillance:

            (1)   The medical cannabis cultivation center shall be 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. The facility shall be enclosed by high security fence. The fence must be adequately secure to prevent unauthorized entry and include gates tied into an access control system.

            (2)   The medical cannabis cultivation center parking area, cultivation, production, warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and continually recorded in a tamperproof format.

            (3)   A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility.".

            (4)   The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from appropriate local law enforcement officials.

            (5)   Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the building.

         k.   Noxious Odors: All cultivation centers shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.

         l.   Conduct On Site:

            (1)   Retail sales of medical cannabis or medical cannabis infused products 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 and cannabis infused products, at a cultivation center.

      12.   Medical Cannabis Dispensaries:

         a.   Definitions:

   CARDHOLDER: A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.

   DESIGNATED CAREGIVER: A person who: 1) is at least twenty one (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 no more than one registered 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 agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.

   MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.

   MEDICAL CANNABIS DISPENSING ORGANIZATION OR DISPENSING ORGANIZATION OR DISPENSARY ORGANIZATION OR DISPENSARY: 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.

   MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked.

         b.   Location Restrictions: A dispensing organization may not be located within one thousand feet (1,000') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use 4 .

         c.   Site Plan Review: The use shall be subject to all site capacity calculation and site plan review procedures as required by this title.

         d.   Compliance With State Regulations And Rules: All medical cannabis dispensary establishments shall comply with the compassionate use of medical cannabis pilot program act (public act 098-0122) and all rules and regulations adopted in accordance thereto.

         e.   Single Use Property: Medical cannabis dispensaries shall not be established in multiple use or tenant property or on a property that shares parking with other uses.

         f.   Setbacks: A medical cannabis dispensary shall be a minimum of one hundred feet (100') from all property lines.

         g.   Buffering from other medical cannabis dispensaries: A medical cannabis dispensary shall be a minimum of one thousand feet (1,000') from all other medical marijuana dispensaries measured from the parcel boundaries.

         h.   Parking:

            (1)   Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. It cannot be screened from the roadway with vegetation, fencing or other obstructions.

            (2)   Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamperproof format.

         i.   Exterior Display: No medical cannabis dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, medical cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right of way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, searchlights or spotlights or any similar lighting system.

         j.   Signage And Advertising:

            (1)   All signage for the medical cannabis dispensaries shall be limited to one flat wall sign not to exceed ten (10) square feet in area, and one identifying sign, which can only include the dispensary address, not to exceed two (2) square feet in area; such signs shall not be directly illuminated. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.

            (2)   Electronic message boards and temporary signs are not permitted in connection with a dispensary.

            (3)   Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts or any realistic or stylized graphical representation of drug paraphernalia.

            (4)   Signs shall not include any wording that would identify the property as a medical marijuana dispensary or use clinical, botanical or slanging terms for cannabis, cannabis consumption, cannabis intoxication or drug paraphernalia including, but not limited to, "cannabis", "marijuana", "weed", "pot", "420", "joint", "Mary Jane", "ganja", "hash", "herb", "doobie", "bong", "blunt", "bowl", "zoned", "sloshed", "burnt", "stoned", "green day", "reefer", "smoke", "toke", "wacky tobaccy/baccy", "spliff", "roach", "skunk", etc.

            (5)   A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: "Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering.". The required text shall be no larger than one inch (1") in height.

            (6)   Any additional merchandise packaging provided by the dispensary, such as bags, sacks, totes or boxes, shall be opaque without text or graphics advertising or identifying the contents of the products contained within.

         k.   Drug Paraphernalia Sales: Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois drug paraphernalia control act 5 and the compassionate use of medical cannabis pilot program act (public act 098-0122).

         l.   Age And Access Limitations: It shall be unlawful for any medical cannabis dispensary to allow any person who is not at least eighteen (18) years of age on the premises. Dispensaries shall not employ anyone under the age of eighteen (18). Access shall be limited exclusively to dispensary staff, cardholders, designated caregivers, local and state officials, and those specifically authorized under the compassionate use of medical cannabis pilot program act (public act 098-0122).

         m.   Hours Of Operation: Medical cannabis dispensaries shall operate only between eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

         n.   Drive-Through Windows: A medical cannabis dispensary may not have a drive-through service.

         o.   Security And Video Surveillance:

            (1)   The medical cannabis dispensary shall be 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, backroom, storage areas and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff, continually recorded in a tamperproof format.

            (3)   A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.".

            (4)   The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from appropriate local law enforcement officials.

            (5)   A medical cannabis dispensary shall report all criminal activities to the police immediately upon discovery.

            (6)   Deliveries shall occur during normal business hours within a secure enclosed delivery bay; no delivery shall be visible from the exterior of the building.

         p.   Conduct On Site:

            (1)   Loitering is prohibited on the dispensary property.

            (2)   It shall be prohibited 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 8.5 by eleven inches (11"), shall be posted inside the dispensary building in a conspicuous place and visible to a client and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on dispensary property.". (Ord. 2014-919, 3-19-2014)

 

   A.   Purpose: The regulations contained in this section are established to encourage creative and imaginative design of coordinated land uses and to provide relief from the subdivision and zoning district requirements which are designed for conventional developments, but which may inhibit innovation and cause undue hardship with regard to the use of parcels which present technical development problems. Planned unit developments are intended to allow substantial flexibility in planning and designing a project. This flexibility often occurs in the form of relief from compliance with conventional zoning and subdivision requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. These regulations are established to provide a safe and desirable living environment for residential areas characterized by a unified building and site development program, to preserve natural features of the site and to provide adequate open space for recreation and other community purposes. Further, these standards and regulations are established to provide for the design, review and approval of any development of land within the wastewater management overlay district as shown on figure 8 of the Wadsworth comprehensive plan update of 2000.

   B.   Districts: A planned unit development may be located in any zoning district as shown in section 10-5-14, table 8 of this chapter, subject to the procedures and standards set forth in this section.

   C.   Permitted Uses: Unless expressly modified pursuant to subsection E of this section, the uses permitted in a planned unit development shall be: 1) those listed as permitted uses in the underlying zone and any overlay district in which the property is located, or 2) those uses approved as conditional uses in accordance with this title, or 3) such other uses as may be approved pursuant to subsection E of this section.

   D.   Standards: A planned unit development shall comply with the following standards, unless expressly modified pursuant to subsection E of this section:

      1.   Lot Size, Yard, And Bulk Regulations: The planned unit development shall comply with the standards established in section 10-5-14, table 8, "Lot Size, Yard And Bulk Regulations For Planned Unit Developments", of this chapter.

      2.   Minimum Site Area: The minimum land area to be included in a planned unit development shall be ten (10) acres.

      3.   Basic Density: The basic density (dwelling units per acre of land) permitted in any planned unit development shall be as shown in section 10-5-14, table 7, "Site Capacity And Environmental Performance Standards", of this chapter.

      4.   Number Of Dwelling Units Permitted: The number of dwelling units permitted in a planned unit development shall be determined by using the site capacity calculations shown in section 10-5-3, "Site Capacity Regulations", of this chapter.

      5.   Open Space: Open space shall be provided for recreational and other outdoor benefits and activities. The minimum open space requirements for particular zoning districts are set forth in section 10-5-14, table 7 of this chapter, but in no event shall be less than twenty percent (20%), and in the AG district not less than eighty percent (80%), of the gross site be developed for active or passive recreation, stormwater detention and other open space uses including the conservation of significant natural features of the site such as floodplains, wetlands, forests, scenic areas and vistas. All such areas shall be considered recreational open space whether or not they are developed for recreational use or left in a natural state.

      6.   Separation Of Traffic: A planned unit development shall provide maximum separation of vehicular traffic from pedestrianways and play areas.

      7.   Unified Design: A planned unit development shall provide a unified design based upon significant architectural features, compatible building materials and a distinctive arrangement of structures and open spaces.

      8.   Nonresidential Uses: Adequate sites for retail shopping and service areas, schools, places of worship and other community services may be provided where the development is large enough to support these services in accordance with the standards established in this section.

      9.   Surrounding Uses And Property; Relationship Of Development To: Existing residential developments shall be buffered from all uses in a planned unit development other than single-family homes and permanent open space. Such permanent open space including recreational areas shall have an average width of at least two hundred feet (200') provided that no portion of such a buffer shall have a minimum width of less than one hundred feet (100').

      10.   Stormwater Detention: Surface drainage and stormwater detention facilities shall be designed in accordance with the standards of title 11 of this code.

      11.   Flooding: The floodplain regulations of section 10-5-2 of this chapter shall apply to all planned unit developments.

      12.   Parking: The off street parking requirements of section 10-5-9 of this chapter shall apply to all planned unit developments.

      13.   Street Improvements: All streets and street improvements shall be designed by a registered professional engineer. The width of streets and the design of the pavement and other structures shall be based upon their intended use and shall be related to the overall design of the planned unit development. Any street dedicated to the public shall be designed and constructed to the standards of title 11 of this code.

      14.   Required Setbacks: All structures located on the perimeter of a planned unit development shall be set back from the property line or street right of way a distance equal to the required setback in the adjacent zone. Interior yards and setbacks shall conform to the regulations established in section 10-5-14, table 8 of this chapter.

      15.   Height Restriction: Any principal structure within a planned unit development may extend up to thirty five feet (35') in height. Further, a planned unit development may approve a structure in excess of thirty five feet (35') in height provided it does not exceed a height determined by a plane extending inward from a grade at the perimeter of the planned unit development at an angle of thirty degrees (30°) above the horizontal and provided further that no structure shall exceed a height of fifty feet (50').

   E.   Departure From Standards: The planned unit development may depart from strict conformance with the required density, dimension, area, height, bulk, use and specific content regulations of this title, as well as standards required by title 11 of this code, but only to the extent specified in the preliminary development plan and documents authorizing the planned unit development so long as the planned unit development provides tangible benefits to the neighborhood or community in which it is located. Benefits to the community of the planned unit development and the improved design of the planned unit must justify the intended variation from the normal requirements of this title. These benefits shall be in the form of provisions of exceptional amenities, design excellence, etc. The waiver of any requirement shall be the direct cause of accrual of positive benefits to the residents of the development as well as to the general community (e.g., waiver of yard requirements might result in more usable open space). Departure from any requirement specified in this title or other village ordinances and regulations is a privilege, and shall be granted only upon recommendation of the zoning board of appeals and approval by the village board.

   F.   Preapplication Process (Step One): Before submitting an application for a planned unit development, the applicant shall request a preapplication meeting with the village administrator to meet with the preapplication committee. After the preapplication meeting the applicant shall submit a sketch plan and make an oral presentation of the proposed planned unit development to the village board. The purpose of this presentation shall be to inform the village board of the proposed development and the manner in which it has been planned to take advantage of the regulations of this section.

   G.   Preliminary Development Plan Process (Step Two):

      1.   Application: After the preapplication procedure of subsection F of this section has been completed, the applicant shall submit a completed preliminary development plan application and reimbursement of fees agreement with appropriate monetary deposit. The preliminary development plan application shall include, at a minimum, the following:

         a.   A boundary survey of the site prepared by a registered land surveyor.

         b.   A topographic map of the site with a contour interval of not more than two feet (2').

         c.   A map drawn to scale showing streets, lots, parcels and sites for all uses in the planned unit development including areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, conservation areas, detention facilities, school sites, public buildings and similar uses or for common areas for the use of the residents.

         d.   A site plan drawn to scale showing the approximate location of all buildings, structures and improvements other than single- family homes.

         e.   A preliminary resource protection plan as required in subsection 10-5-3E of this chapter.

         f.   Site capacity calculations in conformance with section 10-5-3 of this chapter.

         g.   All preliminary engineering as required by title 11 of this code. The village engineer shall review and approve the preliminary engineering and shall report his recommendations to the plan commission and village board in writing.

         h.   A preliminary plat of subdivision when a subdivision of land subject to the village's subdivision ordinance is proposed in connection with a planned unit development. Review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the preliminary development plan.

         i.   A preliminary landscape plan prepared in conformance with title 12 of this code.

         j.   Natural resource opinion from the Lake County soil and water conservation district.

         k.   A consultation report from the Illinois department of natural resources concerning endangered species protection and natural areas preservation.

         l.   Correspondence from the Illinois historic preservation agency in regards to historic, architectural or archaeological sites.

         m.   Correspondence from the Illinois department of transportation (IDOT) or the Lake County division of transportation (LCDOT) where the planned unit development has access to roads under the jurisdiction of these agencies indicating that access will be permitted and the location of the access.

         n.   Correspondence from the Lake County health department indicating they have reviewed the preliminary development plan and soils information for septic systems on the planned unit development site.

         o.   Draft agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open areas, streets, parking facilities or other facilities and improvements.

         p.   Elevation and/or perspective drawings in sketch form of all proposed structures and improvements except single-family residences and their accessory buildings. The drawings need not be the result of final architectural decisions, but shall be in sufficient detail to accurately portray the buildings proposed.

         q.   A written narrative statement containing a detailed explanation of the size and character of the planned unit development and the manner in which it has been planned, including:

            (1)   Description of the site.

            (2)   Description of the proposed development.

            (3)   Discussion of any proposed rezoning, which is part of the project.

            (4)   Request for approval of a conditional use permit for the planned unit development.

            (5)   Discussion of the specific ways in which the planned unit development departs from the zoning and subdivision regulations.

            (6)   Discussion of the ways in which the planned unit development is related to the natural features of the site and any conservation features incorporated into the design of the planned unit development.

            (7)   A statistical summary including detailed information on land use, proposed development, population, traffic generation and assessed valuation.

            (8)   A development schedule including:

               (A)   The approximate date when construction of the project can be expected to begin.

               (B)   The phases in which the project will be built and the approximate date when construction of each stage can be expected to begin.

               (C)   The anticipated rate of development.

         r.   Any other information or documentation requested by the village.

      2.   Consultant Report: Within thirty (30) days of submittal of a complete preliminary development plan application and supporting documents the village planner, village engineer, and village attorney will provide a written report with recommendations to the village plan commission, zoning board of appeals, and the village board.

      3.   Zoning Board Of Appeals Review And Recommendation:

         a.   Hearing: The zoning board of appeals shall conduct a public hearing on the application for a conditional use permit for a planned unit development, any requested departures under subsection E of this section, and the proposed preliminary development plan in accordance with the procedures established for conditional use permits in this section. In addition to the notice required by state statute, notice of the application for preliminary development plan approval shall be given by the petitioner by registered or certified first class mail, at least fifteen (15) days before the date of the ZBA meeting at which it will be considered, to the owners of record of all parcels of land to a depth of three (3) separate owners but not to exceed within one thousand three hundred twenty feet (1,320') from the perimeter of the proposed planned unit development; provided, however, that nothing herein shall require a developer to give notice to the owners of property located outside the village.

         b.   Decision: Following the public hearing and review of the application for approval of the preliminary development plan, the zoning board of appeals shall, within thirty (30) days, unless an extension is requested by the applicant, recommend approval, modification, or disapproval of the conditional use permit for a planned unit development, requested departures, and approval of a preliminary development plan, and the reasons therefor, or indicate why a report and recommendation cannot be rendered to the village board. The zoning board of appeals may recommend such special conditions as it may deem necessary to ensure conformance with the objectives and standards established in this section. The failure of the zoning board of appeals to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the conditional use permit, requested departures, and proposed preliminary development plan as submitted.

      4.   Plan Commission Review And Recommendation:

         a.   Meeting: The application for preliminary development plan approval shall be submitted to the plan commission for review at a public meeting.

         b.   Decision: Following a public meeting and review of the application for approval of the preliminary development plan, the supporting documents, and village consultants' review letters, the plan commission shall review the preliminary development plan and within thirty (30) days, unless an extension is requested by the applicant, recommend approval, modification, or disapproval of the preliminary development plan, and the reasons therefor, or indicate why a report and recommendation cannot be rendered to the village board. The plan commission may recommend such special conditions as it may deem necessary to ensure conformance with the objectives and standards established in this section. The failure of the plan commission to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the preliminary development plan as submitted.

      5.   Village Board Decision: Within sixty (60) days following the receipt of the recommendations of the plan commission and the zoning board of appeals, or their failure to act as above provided, the board of trustees shall either: a) deny the application for approval of the preliminary development plan; b) refer it back to the plan commission and/or zoning board of appeals for further consideration of specified matters; or c) approve by ordinance the preliminary development plan, conditional use permit, and departures under subsection E of this section, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, to permit development of the planned unit development as approved; provided, however, that every such ordinance and conditional use permit shall be expressly conditioned upon approval of the final development plan in accordance with subsection H of this section upon the applicant's compliance with all provisions of this code and the ordinance granting the conditional use permit. The failure of the board of trustees to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the preliminary development plan.

      6.   Effect Of Preliminary Development Plan Approval: Approval of a preliminary development plan shall not constitute approval of the final development plan. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary development plan as a guide to the preparation of the final development plan which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. No building or construction, excluding public improvements, may take place within the proposed planned unit development, and no permits may be issued, until the final development plan and accompanying data has been submitted, approved, and recorded.

      7.   Limitation On Preliminary Development Plan Approval: Subject to an extension of time granted by the village board, unless a final development plan covering at least the area designated in the preliminary development plan as the first phase or unit of the planned unit development has been filed within two (2) years from the date the board of trustees grants preliminary development plan approval, or in any case where the applicant fails to file the final development plan and to proceed with development in accordance with the provisions of this code, the preliminary development plan approval shall automatically expire and be rendered void.

   H.   Final Development Plan Process (Step Three):

      1.   Application: Within two (2) years of the approval of a preliminary development plan in accordance with subsection G of this section, the applicant shall submit a completed final development plan application. The final development plans may be filed in phases in accordance with the development schedule. The final development plan application shall include, at a minimum, the following:

         a.   All final engineering documents as required by the subdivision regulations, title 11 of this code, or as otherwise required by the conditional use permit.

         b.   A final plat prepared in accordance with the regulations of title 11 of this code showing thereon all easements for utilities, stormwater management, the protection of landscaping, scenic easement and resource protection as required by village ordinance.

         c.   Final landscape plan prepared in conformance with title 12 of this code.

         d.   Final resource protection plan in conformance with subsection 10-5-3E of this chapter.

         e.   Agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open areas, streets, parking facilities or other facilities and improvements in final form as approved by the village attorney.

         f.   Signed copies of all agreements covering school, park, library and fire protection donations as approved by the village attorney.

         g.   Receipts for the payment of all fees required by the village.

      2.   Consultant Report: Within thirty (30) days of submittal of a complete final development plan application and supporting documents the village planner, village engineer, and village attorney will provide a written report with recommendations to the village plan commission and the village board.

      3.   Plan Commission Review And Recommendation: The plan commission shall review the final development plan at a public meeting. Within thirty (30) days after the conclusion of the plan commission's review of the final development plan, the plan commission shall make a report and recommendation to the village board as to whether the final development plan conforms to the requirements of the applicable ordinances and is in substantial conformance with the approved preliminary development plan. The failure of the plan commission to act within thirty (30) days, or such further time to which the owner may agree, shall be deemed to be a decision recommending denial of the preliminary development plan.

      4.   Village Board Decision: Within sixty (60) days of receipt of the recommendation of the plan commission, the village board shall approve, approve with conditions, or disapprove the final development plan. Any approval or approval with conditions shall be in the form of an ordinance. The failure of the board of trustees to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the final development plan.

   I.   Modification Of Plan:

      1.   The Village Board may, from time to time, approve minor changes within a planned unit development. Such changes:

         a.   Shall not increase the density or number of dwelling units permitted in the planned unit development.

         b.   Shall not abrogate any design or development standard governing the development of the planned unit whether established by ordinance, by variance or by the issuance of a conditional use permit.

         c.   Shall not establish a use not otherwise permitted by this title as a part of the planned unit development.

         d.   Shall not reduce any required yard setback from a street or property line that adjoins property that lies outside the planned unit development.

         e.   Shall not reduce any open space areas on the property.

      2.   Any modification of a final plan contrary to the above standards shall be a major change and must follow the procedures for approval of a preliminary development plan as set forth in subsection G of this section, including the issuance of a new conditional use permit.

   J.   Failure To Complete Improvements: All public improvements shall be completed within two (2) years of final approval. At its discretion and for good cause, the Village Board may extend, for one additional year, the period for the completion of public improvements.

   K.   Fire District Review Fee: At the time of final development plan approval, and prior to recording of the final plat, the developer shall pay a fire district review fee of five hundred dollars ($500.00) per dwelling unit or such other amount as may be established from time to time by the Village Board or such other amount as may be specifically approved by the Village Board for a particular planned unit development. For commercial and all other nonresidential lots within a planned unit development, the developer shall pay a fire district review fee as determined by the Village Board for the particular development. Upon receipt by the Village, the fire district review fees shall be remitted to the fire district within which the property is located. (Ord. 2010-815, 5-18-2010)

   A.   Uses Permitted As Accessory Uses: The term accessory use includes, but is not limited to, the following:

      1.   Generally: Uses which are permitted in a particular zone only as accessory uses as shown in section 10-4-4, table 1, "Uses Permitted In Zones", of this title, even though such uses may be principal uses elsewhere. In the zones indicated, such uses shall not be established as principal uses and must be accessory to a permitted principal use existing and being maintained and operated as such at the time of establishment of the accessory use. Such accessory use may serve a broader public or market than the principal use to which it is accessory. (Ord. 94-397, 4-5-1994)

      2.   For Residential Uses (SE, SR And SD Districts):

         a.   Stables, barns, gazebos, private greenhouses, sheds or buildings for domestic storage are accessory buildings to a single-family dwelling. Freestanding garages up to a size of seven hundred twenty (720) square feet will not be considered accessory buildings in homes which lack an attached garage but will be considered part of the principal building. No more than two (2) accessory buildings (freestanding accessory structures) will be permitted. In the event that the detached garage exceeds seven hundred twenty (720) square feet, then any excess over seven hundred twenty (720) square feet shall be included in the total aggregate square footage permitted as accessory buildings. (Ord. 2014-924, 5-6-2014)

         b.   One story detached accessory structures used as tool or storage sheds, children's playhouses, chicken coop, and similar uses may be built without foundation or footing, provided the floor area of the structure does not exceed one hundred twenty (120) square feet. A permit from the Village will be needed before construction. Tool or storage sheds, children's playhouses, and chicken coops under one hundred (100) square feet will not be counted against one's accessory buildings allotment, provided that only one such structure of said types will receive this exemption. (Ord. 2019-1060, 5-7-2019)

         c.   All other accessory buildings must be permanent in nature and built of masonry, wood frame or post frame and must comply with any applicable foundation or footing requirements as specified by the International Residential Code, as it may be amended from time to time, as well as applicable permit requirements of this Code.

Metal garages, open air buildings such as carports, fabric/plexiglas or plastic enclosed buildings (greenhouses excepted) and PODS type storage buildings are not permitted. PODS type storage buildings may be used on a temporary basis not to exceed thirty (30) days as long as use of said building is in conjunction with a move or construction project. All accessory buildings must be compatible in appearance with the principal building. Compatibility shall include similar color schemes in agreement with the principal building. All accessory building plans must adhere to Village Building Codes and Village Zoning Codes and must be approved by the Lake County Health Department and the Village building inspector. (Ord. 2014-924, 5-6-2014)

         d.   The total square footage of all accessory buildings on a parcel or lot is to be determined by the total square footage of the living space of the single-family dwelling and the size of the lot or parcel.

The maximum square footage that the accessory buildings may aggregate shall be determined as follows:

            (1)   In the SD (properties over 1 acre in size), SE and SR Zoning Districts, fifty percent (50%) of the total living space of the single-family dwelling (not including the basement) and an additional percentage of the total living space of the single- family dwelling (not including the basement) as follows:

               (A)   Less than two (2) acres: No additional square footage is permitted;

               (B)   Two (2) acres or more but less than three (3) acres: Twelve and five-tenths percent (12.5%) of the living space of the principal building (excluding basement);

               (C)   Three (3) acres or more but less than four (4) acres: Twenty five percent (25%) of the living space of the principal building (excluding basement);

               (D)   Four (4) acres or more but less than five (5) acres: Thirty seven and five-tenths percent (37.5%) of the living space of the principal building (excluding basement);

               (E)   Five (5) acres or more: Fifty percent (50%) of the living space of the principal building (excluding basement).

As an example, on a three (3) acre lot with a principal dwelling consisting of three thousand (3,000) square feet of total living space, the total aggregate square footage of accessory buildings that would be permitted would equal fifty percent (50%) of three thousand (3,000) square feet, or one thousand five hundred (1,500) square feet, plus twenty five percent (25%) of three thousand (3,000) square feet, or seven hundred fifty (750) square feet, for a total permitted square footage of all accessory structures of two thousand two hundred fifty (2,250) square feet.

               (F)   No industrial or commercial uses shall be permitted for accessory buildings in residential areas, except as specifically shown in section 10-4-4, table 1 of this title. The maximum allowable area covered by accessory buildings shall never exceed one hundred percent (100%) of the square footage of the living area of the principal building (excluding basement). Accessory buildings must also satisfy all other requirements of this title, including applicable lot coverage limitations.

            (2)   In the SD (properties less than 1 acre in size) Zoning District, the total square footage of all accessory buildings shall be computed in accordance with all of the terms and provisions of section 10-4-4, table 2 of this title. No industrial or commercial uses shall be permitted for accessory buildings in the SD District, except as specifically shown in section 10-4-4, table 1 of this title. (Ord. 2008-759, 6-17-2008)

         e.   Driveways: All detached accessory buildings three hundred (300) square feet and larger in size constructed or substantially rebuilt after February 6, 2024 shall be provided with driveway access by way of an extension of an existing driveway or the installation of a new driveway with direct access to a public right of way and installed as specified by the Village Code.

         f.   Electrical: All detached accessory building three hundred (300) square feet larger in size constructed or substantially rebuilt after February 6, 2024 shall have the all of the following electrical components and specifications:

            (1)   Installed electrical service not exceeding that provided to the principal structure with a minimum of one hundred ten (110) volts and at least two (2) twenty (20) ampere circuits;

            (2)   At least two (2) wall-mounted duplex receptacles protected by ground fault circuit interrupters;

            (3)   At least one (1) overhead light fixture operated by a wall- mounted switch; and

            (4)   At least one (1) overhead duplex receptable for powering an overhead garage door opener.(Ord. 2008-759, 6-17-2008)

      3.   For Business Uses (B And CR Districts):

         a.   Storage building for merchandise or materials normally carried in stock as part of a principal use, employee training facilities, dining facilities and similar facilities for the exclusive use of the company and its employees, off street parking and loading facilities, garages.

         b.   All accessory structures shall be permanent structures of conventional construction including a concrete or cinder block foundation. (Ord. 92-368, 7-7-1992)

      4.   For Industrial Uses (OR, LI, LI-1, And LI-2 Districts):

         a.   Process, production or maintenance facilities clearly subordinate and incidental to the principal use; employee training facilities, dining facilities and similar facilities for the exclusive use of the company and its employees; guardhouses, garages, off street parking and loading facilities, storage buildings.

         b.   All accessory structures shall be of conventional construction including a concrete slab floor and concrete foundation. Temporary or semipermanent buildings such as pole barns are prohibited. (Ord. 2004-651, 2-17-2004)

      5.   For All Uses: Signs as permitted by section 10-5-8 of this chapter, public utility equipment and supporting structures, other uses meeting the definition of an "accessory use" in section 10-2-3 of this title. (Ord. 91-341, 4-2-1991)

      6.   Agricultural Uses (AG District): Accessory buildings within the Agricultural District shall be compatible in use with the principal use. All accessory buildings must be approved by the Lake County Health Department. (Ord. 2013-898, 6-18-2013)

      7.   Public Uses (PL District): Accessory buildings and principal buildings within the Public Land District constructed as a pole barn/post frame construction will be allowed as a permitted use. All buildings with septic systems must be approved by the Lake County Health Department. (Ord. 2009-780, 4-21-2009)

   B.   Location Of Accessory Uses:

      1.   Front Yard: No accessory building may be located in a required front yard in any zone and no accessory use may be located in a required front yard in a Residential Zone other than a sign as permitted by section 10-5-8, "Signs", of this chapter.

      2.   Side Yard: No accessory building may be located in a required side yard in any zone, except that in a Business or Industrial Zone, an accessory building may be located adjacent to a railroad right-of-way for the purpose of providing a rail loading dock.

      3.   Rear Yard: No accessory building may be located in a required rear yard in any zone except:

         a.   No accessory building shall be located within six feet (6') of a principal building. An attached accessory building shall be considered as a part of the "principal building" as defined in section 10-2-3 of this title.

         b.   In a Business or Industrial Zone, an accessory building may be located adjacent to a railroad right-of-way but only for the purpose of providing a rail loading dock.

   C.   Construction Of Accessory Buildings: An accessory building shall not be erected prior to the establishment or construction of the principal building or use to which it is necessary.

   D.   Standards: All accessory uses shall conform to the definition of an "accessory use" found in section 10-2-3 of this title, and to the regulations of the district in which it is located as shown in section 10-4-4, table 2, "Lot Size, Yard And Bulk Regulations", of this title.

   E.   Regulations For Specific Accessory Uses:

      1.   Customary Home Occupations: See section 10-5-10 of this chapter.

      2.   Fallout Shelters: Fallout shelters are permitted as principal or accessory uses and structures in any zone, subject to the yard and lot coverage regulations of the zone. These shelters may contain or be contained in other structures or may be constructed separately. In addition to shelter use, they may be used for any principal or accessory use permitted in the zone, subject to the applicable zone regulations and all other applicable ordinances, but shall not be used for principal or accessory uses prohibited expressly or by implication in the zone.

      3.   Signs: See section 10-5-8 of this chapter.

      4.   Swimming Pools: Private swimming pools for the exclusive use of the residents of the principal use and their guests are permitted in any Residential Zone, provided that no swimming pool or part thereof, including, but not limited to, aprons, walks and equipment rooms shall protrude into any required yard. Swimming pools must be fenced or otherwise protected against intrusion. All pools having a depth greater than twenty four inches (24") shall be fenced. No private swimming pool accessory to a residence shall be operated as a business or as a private club.

      5.   Tents: No tent shall be used, erected or maintained as living quarters. Tents used in Commercial or Industrial Zones or tents used for camping purposes, wherever permitted, shall be of a temporary nature. (Ord. 91-341, 4-2-1991)

   F.   Front Yard Accessory Structure Limitations: Notwithstanding any other provisions contained within this zoning title, no accessory structure shall be constructed between the principal structure and the front building line except as approved by the Village Board for good cause shown. Each application to the Village Board for such a structure shall be accompanied by sufficient information such as a site plan and building elevations to enable the Village Board to determine whether the proposed structure would adversely impact upon adjacent properties or would be otherwise compatible with the existing uses and purpose and intent of this zoning title. (Ord. 2003-618, 2-18-2003)

   G.   Chickens: The keeping of hens, the female of the chicken species, Gallus domesticus, shall be permitted on single family residential properties (with 1 principal structure) containing a minimum of six thousand (6,000) square feet (sq. ft.), subject to the following conditions:

      1.   Number Of Hens:

         a.   This table identifies the number of hens allowed per single family residential property:

 

 

      2.   Chicken Coops And Yards:

         a.   Space Required: All hens shall be provided with a covered inside enclosure and adjacent outside fenced area.

         b.   Hens Contained: Hens shall be kept in the chicken coop or chicken yard at all times.

         c.   Permits: A building permit is required for all enclosures and if applicable, an electrical permit.

         d.   Electrical Service: Electrical service to enclosures and/or shelters shall comply with all Village Building and Electrical Codes, rules and regulations. Under no circumstances shall electrical service be provided to an enclosure and/or shelter by using extension cords or other temporary means.

         e.   Chicken Coops:

            (1)   Hens shall be kept in an enclosed outdoor coop, an accessory structure used for the purpose of keeping live chickens, so as to offer protection from weather elements and from predators and trespassers.

            (2)   Coops shall be built and kept in such a manner, large enough to provide at least four (4) square feet per hen and allow the hens easy ingress and egress to an enclosed chicken yard. Coops shall not exceed eight feet (8') in height.

            (3)   Coops shall be designed to be predator and pest resistant, and easily accessed for cleaning and maintenance.

            (4)   Coops shall be covered with uniform materials and shall be maintained intact with all parts secure. Any repairs shall maintain consistency with original structure in appearance and condition. The coop must be replaced, removed, or repaired upon evidence of deterioration.

            (5)   Exterior lighting shall not continuously illuminate a coop.

         f.   Chicken Yards:

            (1)   Coops shall be connected with an enclosed yard or run with a minimum size of eight (8) square feet per chicken. The enclosed yard shall be surrounded by a fence made of wood or metal and of sufficient height to contain the hens.

            (2)   Hens may be allowed to roam in a fenced backyard, but shall not be allowed to roam outside of the fenced yard. Hens must be returned to the secured chicken coop each night.

            (3)   Chicken yards constructed with wire mesh fencing shall retain a flat, uniform plane, in a well-maintained, safe condition.

            (4)   Barbed wire, razor wire or similar fencing materials are prohibited.

         g.   Location And Setbacks:

            (1)   Street Setbacks: Chicken coops and yards shall not be located between the principal building and any improved alley, easement for purposes of ingress or egress, or road right-of-way.

            (2)   Lot Line Setback: All enclosures/structures shall be located a minimum of ten feet (10') from all lot lines.

            (3)   Setback To Habitable Structures: In addition to setback requirements for accessory structures, chicken coops shall be located a minimum of thirty feet (30') from any existing structures on any adjoining parcel, such as dwellings, non- residential buildings, patios, porches, gazebos, decks, or swimming pools, but not including storage structures such as garages or sheds.

            (4)   Location: All chickens, chicken coops, and chicken yards shall be kept/located in rear yards only.

      3.   Prohibitions And Management Practices:

         a.   Roosters: The keeping of roosters shall not be allowed on any property less than five acres (200,000 square feet) in size.

         b.   Odors: Chicken coops and yards must be cleaned on a regular basis, so they remain free from undue accumulated waste, such as to cause odors reasonably detectable on adjacent properties.

         c.   Construction Of Coops: Coops shall be enclosed and well- ventilated and hens shall be protected from the weather and predators.

         d.   Feed: All feed for hens shall, except when placed for consumption by the hens, be kept in containers with tightly fitted lids that are rodent-proof.

         e.   Maintenance Of Coops: Coops shall be maintained in good repair and non-dilapidated condition.

         f.   Slaughter: No outdoor slaughter of chickens shall be allowed, and any slaughtering or related processing must be conducted in a humane and sanitary manner.

         g.   Sales: No sales of eggs or hens shall be allowed.

         h.   Other Types Of Animals: No other poultry, including but not limited to geese, ducks and turkeys shall be kept on the property.

         i.   Disposal Of Waste And Deceased Hens: All waste and deceased hens must be disposed of in a sanitary manner.

         j.   Hen Health: Hen health must be maintained with proper feed and water.

         k.   Breeding Prohibited: The breeding of chickens on-site is expressly prohibited.

         l.   Animal Cruelty: Animal cruelty laws pertain to hens.

         m.   Laws, Rules And Regulations: All persons maintaining hen facilities shall comply with all local, County, State and Federal laws, rules and regulations pertaining to maintaining and keeping hens. (Ord. 2019-1060, 5-7-2019; amd. Ord. 2024-1146, 2-6-2024)

   A.   General:

      1.   Purpose: The purpose of these sign regulations is to:

         a.   Maintain traffic safety by minimizing the distractions, hazards, or obstructions to the motoring public and others caused by signs;

         b.   Provide proper identity to local business, industrial, and government users;

         c.   Maintain and enhance the aesthetic environment of the Village;

         d.   Promote signage that is compatible with adjoining uses as well as the general character of the area and zoning district in which the signage is located; and

         e.   Enable these sign regulations to be easily enforceable and interpreted so as to be fair and consistent.

      2.   Applicability: Signs may be created, placed, established, painted, or maintained only in conformance with the provisions of this section. These regulations may be subject to further restrictions by other applicable regulations of the zoning ordinance or other applicable provisions of this code. (Ord. 2008-761, 7-1-2008)

   B.   Definitions:

   ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene. The term "animated sign" expressly includes multicolor electronic message center signs, video screens, television screens, plasma screens and holographic displays, but does not include single color electronic message center signs.

   AWNING: A rooflike structure typically made of cloth, metal, or other material attached to a frame that extends from and is supported by a building. Awnings are typically erected over a window, doorway, or building front and they may be raised or retracted to a position adjacent to the building.

   BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

   BENCH SIGNS: Any bench that is in the front yard, side yard, corner side yard, or visible from a public right of way that is made from any material that has any message, advertisement, or logo printed or attached to the seating area or structure of bench. Benches and associated structures utilized for public transportation in and out of the right of way would be identified as a bench sign.

   BOX SIGN: A sign (also known as a cabinet sign) with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment.

   BUSINESS SIGN: A sign that directs attention to a profession or business conducted, or to a commodity, service, activity, or entertainment sold, offered or manufactured upon the premises where such sign is located or in the building to which such sign is affixed.

   CHANGE IMAGE SIGN: Any sign that, through the use of moving structural elements, sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or change of sign image or message. This includes electronic message centers and animated signs.

   CHANGEABLE COPY: Letters, numerals, or other graphics which are not permanently affixed to a structure and/or set for permanent display and are intended to be alterable through manual means.

   COMMERCIAL MESSAGE: Any sign, wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service or other commercial activity.

   CONSTRUCTION SIGN: Any sign identifying individuals or companies involved in design, construction, demolition, financing, or development when placed upon the premises where construction or development is ongoing.

   DAYTIME: From sunrise to sunset. Sunrise and sunset times are those posted on the national oceanic and atmospheric administration's (NOAA) internet website for Chicago, Illinois, for the particular day in question.

   DIRECTIONAL SIGN: A sign used to convey directions and other information for the convenience of the public. These signs will include restrooms, address numbers, public telephone, and signs that direct people and traffic, such as "entrance" or "exit".

   DIRECTORY SIGN: A sign that indicates the names of multiple tenants or owners of a property or structure, the address of the premises, and/or the name of any business that owns, controls, or manages a property or structure.

   ELECTRONIC MESSAGE BOARD: A sign or portion of sign that uses changing lights of a single color to form a message or series of messages that are electronically programmed or modified by electronic processes.

   ENTRANCE SIGN: A freestanding or wall sign located at the entrance of a subdivision, office park, park or forest preserve, providing only the name and/or location of that activity.

   FLAGS: Flags, symbols or crests of nations, or any organization of nations, states and cities, fraternal, religious, and civic organizations.

   FLASHING SIGN: Any illuminated sign that contains an intermittent or flashing light source or that changes light intensity in sudden transitory bursts.

   FREESTANDING SIGN: Any sign on a frame, pole or other support structure that is not attached to any building.

   IDENTIFICATION SIGNS: A sign bearing the address of the premises and/or the name of its occupant but containing no logo and no commercial message.

   INDIRECT LIGHTING: Illumination from a light source not contained within a sign or awning or halo or silhouette lighting that is not visible or exposed on the face of the sign.

   INDIVIDUAL LETTER SIGN: A wall sign mounted on a wall as individual letters, numbers, or symbols without a raceway or background except that background afforded by the building to which the sign is affixed. Individual letter signs are not illuminated; they can be illuminated by indirect lighting, halo lighting, or silhouette lighting.

   INFLATABLE SIGNS: A sign that is inflated in any form by means of air, hot air, or continuous inflation by generator or compressor. The form would include any form and would include, but not be limited to, products, animal forms, or any type of tethered balloon.

   INTERNAL LIGHTING: Illumination from a light source that is contained within a sign or awning.

   LED (LIGHT EMITTING DIODE): A solid state component that uses a semiconductor (a silicon chip or some other type of semiconductor) that emits visible light when electric current passes through it.

   LOGO: A name, symbol, or trademark of a company or establishment encompassed in one individual graphic.

   MARQUEE: A permanent rooflike structure or canopy of rigid materials supported by and extended from the facade of a building.

   MONUMENT SIGN: A freestanding sign where the base of the sign structure is on the ground. Typically constructed of brick, wood, stone, or metal, monument signs have a base that is at least eighty percent (80%) of the width of the top of the sign structure.

   MOVING SIGN: Any sign that revolves, rotates, swings, undulates, or otherwise attracts attention by moving parts, whether operated by mechanical equipment or by natural resources, not including flags or banners.

   MULTI-TENANT DEVELOPMENT: A development typically under unified ownership and control consisting of two (2) or more commercial, office, or industrial establishments.

   NIGHTTIME: From sunset to sunrise. Sunrise and sunset times are those posted on the national oceanic and atmospheric administration's (NOAA) internet website for Chicago, Illinois, for the particular day in question.

   NIT(S): A luminance unit equal to one candela (1 candle) per square meter measured perpendicular to the rays from the source. Nits are used to measure display intensity or brightness. Nits, when used in conjunction with contrast ratio and viewing angle, determine the quality of the image in the desired application.

   OFF PREMISES SIGN: Any sign which identifies or communicates a message related to an activity conducted, a service rendered, or a commodity sold which is not the primary activity, service, or commodity provided on the premises where the sign is located, including temporary signs that advertise real estate, goods, services, and employment in or out of the public right of way.

   PENNANTS: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

   POLITICAL SIGN: A sign which announces a candidate as seeking public political office and/or which conveys political issues and expressions of noncommercial individual speech.

   PORTABLE SIGN: Any sign that is not permanently affixed to a building, structure or the ground; a sign designed to be moved from place to place. These signs are, but are not limited to, signs attached to wood or metal frames designed to be self- supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles (this term also includes those signs commonly known as sandwich signs and zip strip signs).

   PROJECTING SIGN: Any sign which is attached to a building or other structure and extends by more than eighteen inches (18") beyond the line of the building or structure or that portion of the building or structure to which it is attached.

   PYLON SIGN: A type of freestanding sign that is mounted on a single pole or other support, with or without a skirt.

   READER BOARD: A sign that includes interchangeable letters and/or numbers, either illuminated or nonilluminated.

   ROOF SIGN: Any sign erected, constructed, painted, or maintained upon, or over, the roof of any building or that is wholly dependent upon a building for support and projects above the highest point of a building with a flat roof, the eave line of the building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.

   SIGN: Any identification, description, illustration, or device illuminated or nonilluminated that is visible to the public from adjoining streets or adjoining properties and that directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, temporary sign, lights, balloons or other device designed to attract attention, advertise, identify or convey information. Building details that are an integral part of the overall architectural design of a building or works of art accessory to a building are not to be considered signs.

   SIGN AREA: The surface measurement of a sign (see illustrations herein).

   SIGN STRUCTURE: Any structure that supports a sign, including a decorative cover.

   STREET FRONTAGE: A lot line or the length of a lot line that is also the line of any public street right of way other than an alley. The street frontage of a lot or parcel that is legally created or described as extending to the centerline of a street must be measured along the line that denotes the edge or boundary of the easement established for the street.

   TEMPORARY SIGN: Any sign, banner, pennant, valance, or advertising display that by intent is not permanent; constructed of cloth, canvas, lightweight fabric, cardboard, wallboard, or other lightweight materials with or without frames, intended to be displayed for a short period of time only.

   TRI-VISION SIGN: A sign capable of presenting three (3) separate images sequentially by rotating triangular cylinders.

   VEHICLE SIGN: Any advertising or business sign attached to a motor vehicle that is parked and placed in a position for the purpose of displaying the same to the public.

   VIDEO SIGN: Any sign which uses lights, video, a TV screen, cathode ray tubes or other similar items to display a message, image, moving picture or video.

   WALL SIGN: Any sign which is placed or fastened against a building or structure and attached to the exterior front, rear or side wall of any building or other structure, or painted on a wall of a building. Any sign that projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof will be considered a roof sign.

   WINDOW SIGN: A sign posted, painted, placed, or affixed in or on a window exposed to public view. A sign that is interior to the building that faces a window exposed to public view that is located within two feet (2') of the window face is a window sign for the purposes of calculating the total area of all window signs. Merchandise used in a window display will not be considered a window sign.

   ZIP STRIP SIGNS: Signs with or without frames that are made from, but not limited to, paper, plastic, cardboard, or canvas that are wrapped or attached to supporting poles, gas pumps, landscape plant materials, refuse containers, or other supports not intended for signage that are usually temporary in nature. These signs are also known as sandwich signs and are considered portable signs. (Ord. 2008-761, 7-1-2008; amd. Ord. 2009-802, 12-15-2009; Ord. 2013-898, 6-18-2013)

   C.   Computations And Measurements:

      1.   Sign Area Of Individual Signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only 1 face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral section of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such supporting device otherwise meets the regulations of this section and is clearly incidental to the display itself.

      2.   Area Of Double Faced Signs: Where the sign faces of a double faced sign are parallel or the interior angle formed by the faces is ninety degrees (90°) or less, only one display face shall be counted in computing sign area. If the two (2) faces of a double faced sign are of unequal area, the area of the sign shall be the area of the larger sign face. In all other cases, the areas of all faces of a multifaced sign shall be added together to compute the area of the sign.

      3.   Height: The height of a sign shall be computed as the distance to the highest point of the sign or sign structure, measured from the elevation of the road to which it is oriented, or, if there is no road, from the natural ground elevation beneath the sign.

      4.   Wall Area: In computing the area of a wall only the first twelve feet (12') of building height shall be used.

      5.   Maximum Total Permitted Sign Area For A Lot: The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula set out in table 2, "Maximum Total Sign Area Per Lot", of this section to the lot frontage, building frontage, or wall area, as specified in the table. Lots fronting on two (2) or more streets shall be allowed the stated sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.

   D.   Signs Permitted In All Districts:

      1.   Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.

      2.   Holiday lights and decorations with no commercial message, not to exceed sixty (60) days per year.

      3.   Nameplates and address signs which indicate the occupants and/or address of buildings or lots not to exceed three (3) square feet.

      4.   Utility signs not to exceed four (4) square feet.

      5.   Warning signs and safety warnings required by federal, state or local laws.

   E.   Prohibited Signs:

      1.   Beacons.

      2.   Bench signs.

      3.   Flashing signs.

      4.   Pennants.

      5.   Inflatable signs and tethered balloons.

      6.   Portable signs.

      7.   Roof signs.

      8.   Signs that by their position, wording, illumination, size, shape or color, obstruct, impair, obscure, or interfere with traffic signs, signals, or devices.

      9.   Off site signs (off premises signs), including temporary signs that advertise real estate, goods, services, and employment in or out of the public right of way.

      10.   Signs painted directly on the exterior of a building.

      11.   Signs placed on parked vehicles or trailers where the apparent purpose is to advertise a product or to direct people to a business or activity located on the same or nearby property.

      12.   Any sign not listed in this section is prohibited.

   F.   Zoning District Classes: For the purpose of this section, zoning districts are grouped into the following classes:

      1.   Residential:   AG, SE, SR and SD.

      2.   Nonresidential: B, CR, OR, LI, LI-1, LI-2.

      3.   Public:   PL. (Ord. 2008-761, 7-1-2008)

   G.   Permitted Sign Types: Signs shall be allowed in accordance with the following table:

      1.   Signs Permitted Without Permits: An "A" indicates that a sign type is allowed in the respective zoning district without a permit.

      2.   Signs Requiring Permits: A "P" indicates that a sign type is permitted in the respective zoning district only after a sign permit for the subject sign has been obtained.

      3.   Signs Not Allowed: An "N" indicates that a sign type is not allowed in the respective district.

      4.   Signs That Require A Conditional Use Permit: A "CU" indicates that a sign type requires a conditional use permit before being allowed.

            TABLE 1

 

Notes:

      1.   See subsection H6 of this section for additional regulations concerning electronic message board signs.

      2.   Notwithstanding the provisions of this table regarding video signs, TV screens attached on a gas pump are permitted, subject to subsection H4b of this section.

      3.   Freestanding animated and change image signs shall only be permitted (via the issuance of a conditional use permit) along Illinois Route 173, U.S. Highway 41, Interstate 94 and Russell Road (west of Interstate 94).

(Ord. 2009-802, 12-15-2009)

   H.   Special Sign Standards:

      1.   Entrance Signs:

         a.   Residential Districts: Entrance signs will be allowed at the entrances of any residential development and will be approved during the subdivision or PUD approval process. Each sign area of an entrance sign shall not exceed thirty (30) square feet in area; not exceed a height of six feet (6'); and have a minimum setback of ten feet (10') from the right of way.

         b.   Nonresidential And Public Districts: Entrance signs for nonresidential and public districts will follow all the applicable standards of this section.

      2.   Identification Signs:

         a.   Residential Districts: Identification signs in residential districts shall not exceed three (3) square feet in area and may carry only the property address and occupant name.

         b.   Nonresidential And Public Districts: Identification signs in nonresidential and public districts shall not be greater than ten (10) square feet in area; shall only carry property address and occupant name; and shall not carry any commercial message. (Ord. 2008-761, 7-1-2008)

      3.   Temporary Signs: Temporary signs shall be allowed in addition to all signs allowed under this section and shall not be counted in calculating a site's maximum allowable signage.

         a.   Setbacks And Heights: Temporary signs are subject to the setback and height standards as shown in table 3 of this section.

         b.   Location: Temporary signs shall be located only on the site for which the sign is requested. All temporary signs must be located on private property only and outside of the public right of way.

         c.   Types Of Signs: The following types of temporary signs shall be allowed in all zoning districts, unless otherwise provided:

            (1)   Construction Signs (In All Districts Except Residential Districts): One temporary sign, up to twelve (12) square feet in area, shall be permitted for the duration of a permitted construction project.

            (2)   Real Estate Signs: One temporary real estate sign, up to six (6) square feet in area for parcels ten (10) acres or less in the residential district, and thirty two (32) square feet in area for nonresidential districts and for parcels larger than ten (10) acres in the residential districts. Real estate signs shall be permitted only on the property for sale or for rent and shall not be permitted off site.

            (3)   Banners, Streamers, And Balloons: Temporary banners, streamers, and balloons with a diameter of less than two feet (2') may be allowed for special events such as grand openings, special promotions and similar events. A permit must be obtained prior to their display.

            (4)   Political Signs: Temporary political signs shall be permitted.

            (5)   Subdivision/Development Marketing Signs: One temporary sign, not to exceed sixty four (64) square feet, may be permitted per road frontage for marketing lots in a subdivision or a development that has received final plat, PUD, or conditional use permit approval. The location and height will be approved as part of the final plat, PUD, or conditional use permit approval. (Ord. 2009-802, 12-15-2009)

      4.   Gas Station Signs:

         a.   Gas Pump Signs: Signs on the actual gas pump that identify the gas company by name or logo, or identify the type of fuel will not be included in the total sign area square footage calculations. All other permitted signage on the gas pump will be included in the total sign area square footage calculations.

         b.   TV Screens:   TV screens attached on a gas pump that do not exceed two (2) square feet in area will be permitted and will not be included in the total sign area square footage calculations.

      5.   Directional Signs: Directional signs (as defined in subsection B of this section) will not be included in the total sign area square footage calculations if each individual directional sign is less than six (6) square feet in area and contains no advertising, including logos. (Ord. 2009-794, 11-3-2009)

      6.   Electronic Message Board Signs:

         a.   Only one electronic message board sign (that does not display fuel prices at gas stations) shall be allowed on each zoning lot. Lots which are contiguous to one another and are held or leased under a common owner or lessee and serve the same principal use or uses shall be considered a single zoning lot.

         b.   Electronic message board signs shall only be allowed as freestanding signs or part of freestanding signs.

         c.   No electronic message board sign shall be located within fifty feet (50') from the lot line of a property used for residential purposes.

         d.   The electronic message portion of a freestanding sign may not exceed fifty (50) square feet.

         e.   Electronic message board signs shall be monochromatic.

         f.   Electronic message board signs shall be controlled electronically by a computer or other similar device that has manual override capabilities.

         g.   Fuel prices on signs at gas stations may be displayed in electronic numbers in lieu of changeable copy numbers.

         h.   Electronic message board signs shall be turned off at all times when the business or use that it serves is closed.

         i.   Electronic message board signs do not include animated signs, change image signs, video signs and tri-vision signs.

         j.   Flashing lights, scrolling lights and rotation of lights around the sign so as to draw attention and cause a distraction are prohibited.

         k.   Each message displayed on an electronic message board sign shall not scroll, move or flash and must be static or depicted for a minimum of twenty (20) seconds.

         l.   Electronic message board signs that are used to display fuel prices shall be for the exclusive use of the display of fuel prices and may not display any other type of message or advertisement. Signs that display fuel prices may not change until a change in the price of fuel has occurred. The fuel price displayed on an electronic message board sign shall not scroll, move, or flash and must be static.

         m.   The message area of an electronic message board sign may be illuminated by incandescent lamps, LED (light emitting diodes) or magnetic discs. Whatever the light source, undue brightness is prohibited. "Undue brightness" means illumination of the sign in excess of five thousand (5,000) nits in the daytime and one thousand (1,000) nits in the nighttime. The sign must have an automatic phased proportional dimmer which must be used to reduce nighttime brightness levels. Further, prior to the issuance of a permit for an electronic message board sign, the applicant shall provide written certification from the sign manufacturer or sign installer that the light intensity has been factory preset not to exceed the levels specified above. Electronic message board sign users shall reduce the level of brightness of the sign if determined by the village that the light levels exceed the levels specified above. Refer to the definitions in this section regarding recognized daytime and nighttime hours.

         n.   Electronic message board signs are expressly prohibited within the Wadsworth Road historic overlay district.

         o.   Electronic message board signs shall only display promotional messages of a good or service that is offered at the place of business on the particular zoning lot that said sign is located. (Ord. 2009-802, 12-15-2009)

   I.   Maximum Total Sign Area Per Lot: The sum of the area of all building and freestanding signs on a lot shall be less than or equal to the maximum permitted sign area indicated in table 2 of this section. The lowest number resulting from any of the applicable computations in any column in table 2 of this section shall be the maximum total sign area permitted for the respective district class. (Ord. 2008-761, 7-1-2008)

 

 

(Ord. 2009-794, 11-3-2009)

   J.   Number And Dimension Of Individual Signs:

 

Notes:

1.   See table 4 of this section for street classifications.

2.   All signs shall be out of the public right of way and be at least 10 feet from the right of way or side property line or set back from the pavement as shown above. The greatest distance will be used.

   K.   Street Classification Table 1 :

 

 

Notes:

1.   Excluding the area within the gateway economic development area (see subsection 10-10-7I of this title).

2.   Excluding the area within the Wadsworth historic overlay district (see subsection 10-4-3B of this title).

   L.   Building Signs In Nonresidential Districts:

 

 

   M.   Permitted Sign Characteristics:

 

 

   N.   Nonconforming Signs:

      1.   Signs existing on the effective date hereof which do not conform to the regulations set forth in this title shall be nonconforming signs.

      2.   Nonresidential signs on the premises of a nonconforming use or building may be continued, but such signs shall not expand in number, area, height or illumination. New signs shall conform to this title and will only be created upon the complete removal of all signs that are nonconforming at the time of adoption hereof. (Ord. 2008-761, 7-1-2008)

   O.   Obsolete Signs: Any sign that does not advertise an existing business or product shall be taken down and removed by the business or property owner within thirty (30) days after written notification from the village. Upon the failure to comply with such notice within the specified time frame, the village shall cause the removal of such sign and any expense incidental thereto shall be paid by the business or property owner upon which such sign is located; any unpaid expense incurred by the village following reasonable notice to the business or property owner shall be grounds for a lien to be recorded against the zoning lot upon which such sign is located. (Ord. 2009-802, 12-15-2009)

   P.   Permit And Sign Fees:

      1.   Any person proposing to erect any sign in a residential, nonresidential or public district shall refer to table 1 of this section to determine if a permit is required for that sign. If a permit is required, the person shall make application to the zoning officer for a sign permit. The application shall be accompanied by the following:

         a.   A site plan drawn to scale and dimensions showing the location of all proposed signs.

         b.   An accurate drawing to scale; with dimensions, colors and specifications of the sign.

         c.   The sign copy of message to be at scale including dimensions and colors.

         d.   The required fee.

      2.   Fees for signs shall be as established by ordinance of the village of Wadsworth.

   Q.   Illustrations:

(Ord. 2008-761, 7-1-2008; amd. Ord. 2009-802, 12-15-2009)

   A.   Purpose: The purpose of this section is to alleviate or prevent the congestion of the public streets and to promote the safety and welfare of the public by establishing minimum requirements for the off street parking and loading and unloading of motor vehicles in accordance with the use to which property is put and the district in which it is located.

   B.   General Provisions:

      1.   Procedure: An application for a building permit for a new, enlarged, or modified building, structure or use shall include therewith a plot plan in duplicate, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with the requirements of this title.

      2.   Extent Of Control: All buildings, structures, and uses and all modifications of existing buildings, structures, and uses initiated after the effective date hereof shall be provided with accessory off street parking or loading facilities as required herein. A building, structure or use for which a building permit has been issued prior to the effective date hereof shall comply with the requirement in effect at the time of issuance of the permit, until such building, structure, or use is enlarged or otherwise modified, or a new use is initiated, in which case the preceding sentence shall apply.

      3.   Existing Parking And Loading Spaces: Accessory off street parking and loading spaces in existence on the effective date hereof may not be reduced in number, except in compliance with the requirements of this section.

      4.   Permissive Parking And Loading Spaces: Nothing in this section shall prevent the establishment of off street automobile parking or loading facilities to serve any existing use of land or buildings, subject to the provisions of this section, except that existing off street parking areas accessory to existing uses cannot be located off the lot containing the main use unless on a lot adjacent thereto.

      5.   Joint Parking Facilities: Joint off street parking facilities may be provided for different buildings, structures, or uses, or for mixed uses; provided, however, that in no event shall joint parking facilities for compatible uses be reduced below the number required for all uses. Joint parking facilities for dissimilar uses which require parking at different times during the day may be reduced by not more than thirty five percent (35%) of the required number of spaces where the zoning officer finds that such a reduction will not result in any increased congestion in the public streets and will not otherwise violate the intent and purpose of this title. The zoning officer may require a shared parking study to determine if a reduction is warranted.

      6.   Control Of Off Site Parking: When required accessory parking facilities for existing uses are provided elsewhere than on the lot on which the principal use served is located they shall be in the same possession as the property occupied by such principal use, and the owner shall be bound by covenants filed of record in the office of the recorder of deeds, Lake County, Illinois, requiring the owner and his or her said heirs and assigns to maintain the required number of parking spaces during the existence of said principal use. Such off site parking facilities shall not be provided for new uses. Further, such facilities shall not be located in any agricultural or residential district.

   C.   Required Spaces: Off street parking spaces shall be provided in accordance with the following schedule of requirements:

 

   D.   Rules For Computing Requirements:

      1.   Multiple Uses: Unless otherwise approved, lots containing more than one use must provide parking in an amount equal to the total of the requirements for all uses.

      2.   Fractions: When measurements of the number of required spaces result in a fractional number, any fraction of one-half (1/2) or less shall be rounded down to the next lower whole number and any fraction of more than one-half (1/2) shall be rounded up to the next higher whole number.

      3.   Area Measurements: Unless otherwise specifically noted, all square footage based parking standards must be computed on the basis of gross floor area.

      4.   Unlisted Uses: When a use is not listed in subsection C of this section, the zoning officer shall determine the number of parking spaces required, based upon the requirements of this code for similar uses.

   E.   Design And Maintenance:

      1.   Size: A required off street parking space shall be an area of not less than one hundred sixty two (162) square feet nor less than nine feet (9') wide by eighteen feet (18') long, exclusive of access drives or aisles, ramps, columns or other obstruction, accessible from streets or alleys or from private driveways or aisles leading to streets or alleys. Lines demarcating parking spaces may be drawn at various angles in relation to property lines, curbs, and aisles according to the dimensional requirements in section 10-5-14, table 11 of this chapter. The dimensions in section 10-5-14, table 11 of this chapter are required dimensions to be used for off street parking design.

      2.   Compact Cars: In parking lots that require more than fifty (50) parking spaces for employees and where it is appropriate to facilitate parking of compact automobiles, the dimensional standards may be reduced to allow up to twenty percent (20%) of the required parking spaces for compact cars. A compact car parking space shall be at least eight feet (8') wide and sixteen feet (16') long. The zoning officer is responsible for approving the use of reduced compact car parking spaces.

      3.   Handicapped Spaces: Handicapped parking spaces shall comply with the standards set in the state of Illinois accessibility code, as amended.

      4.   Landscaping: All off street parking lots will be landscaped according to the requirements of title 12 of this code - the village of Wadsworth landscape ordinance.

      5.   Open And Enclosed Spaces: Parking areas may be open or enclosed. Each parking space and aisle shall have a vertical clearance of at least seven feet (7').

      6.   Location On Lot: No parking space, or portion thereof, established on the same zoning lot with a building, shall be located within a required front yard except in the B business zone. In addition, no parking space shall be located within any required landscaping nor within five feet (5') of any property line on any lot.

      7.   Access: Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such manner as will least interfere with the movement of traffic. No driveway or curb cut in any district shall exceed twenty five feet (25') in width, except that turning radii and divided entrances/exits with island dividers may be permitted to exceed this distance. Entrances/exits shall be approved and permitted by the Illinois department of transportation and the Lake County division of transportation for access to roadways under their respective jurisdictions.

      8.   Surfacing And Marking: All off street parking areas, lots, access drives, and structures shall be surfaced with a paver, asphaltic paving, or Portland concrete pavement providing an all weather, durable and dustless surface. All pavement design shall be subject to review and approval by the village engineer. Individual parking stalls shall be clearly identified by white or yellow painted markings four (4) to six inches (6") in width. See subsection E10 of this section for parking lot design requirements. Exceptions: gravel driveways extensions to detached accessory structures three hundred (300) square feet and larger in size are permitted.

      9.   Lighting: All required off street parking areas serving uses which operate at night, other than parking for single-family homes, shall be lighted as follows:

         a.   An average minimum illumination of two (2) foot-candles shall be required on the lot with no more than one-half (0.50) foot- candle at the property line.

         b.   Lighting fixtures shall be so arranged as to reflect the light downward and away from adjoining properties with the light source not visible.

         c.   All lighting cables shall be placed underground in accordance with the building code or other applicable ordinances.

         d.   All lighting system designs shall be reviewed for approval by the zoning officer.

      10.   Parking Lot Design Requirements: Parking lot design shall be compatible and efficient in relation to reasonable circulation of traffic within the parking lot and the adjacent roadways and land uses. Design of parking lots shall be conducive to the stormwater management of the site, public convenience and safety, and be subject to review and approval by the village engineer in accordance with current engineering design standards.

   F.   Vehicle Stacking Areas: Vehicle stacking shall be prohibited within public rights of way. The following guidelines will be used in determining the adequacy of vehicle stacking areas:

      1.   Number of spaces:

 

      2.   Design and layout:

         a.   Size: Stacking spaces must be a minimum of eight feet by twenty feet (8' x 20') in size.

         b.   Location: Stacking spaces may not impede on or off site traffic movements or movements in or out of off street spaces.

         c.   Design: Stacking spaces must be separated from other internal driveways with the design of raised medians, striping, and separate bypass lanes if deemed necessary by the zoning officer.

   G.   Design And Location Of Loading Spaces: In all nonsingle-family residential districts, there shall be provided off street loading facilities for any building or structure which is erected or substantially altered, which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

      1.   Loading Berth Description: An off street loading berth shall be a hard surfaced area of land, open or enclosed, other than a street or a public way, used principally for the standing, loading or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets, sidewalks and alleys. A required loading space shall not be less than twelve feet (12') in width, forty five feet (45') in length and fourteen feet (14') in height exclusive of access aisles and maneuvering space, except as otherwise specifically dimensioned hereafter.

      2.   Location: No permitted or required loading berth shall be closer than fifty feet (50') to any property in a residential district unless completely enclosed by solid building walls or fence or any combination thereof not less than fourteen feet (14') in height and maintained in good condition. No permitted or required loading berth shall be located within twenty five feet (25') of the nearest point of street right of way or the intersection of any two (2) street rights of way. Loading berths open to the sky may be located in any required side or rear yards. Where unusual circumstances exist, the village board may permit loading spaces to be closer to the right of way or may require additional height of fence or screening.

      3.   Landscaping: All off street loading facilities will be landscaped according to the requirements of title 12 of this code - the village of Wadsworth landscape ordinance.

      4.   Standard Berths: Loading facilities/berths shall be provided in accordance with the following schedule, exclusive of aisle and maneuvering space, and shall in all cases have a vertical clearance of fourteen feet (14') from grade:

 

 

The zoning officer may require less or more loading berths if reasonably necessary to satisfy off street loading requirements. (Ord. 2010-807, 3-16-2010; amd. Ord. 2024-1146, 2-6-2024)

   A.   Criteria: Any home occupation, as defined in section 10-2-3 of this title, may be conducted in any dwelling unit, provided all of the following criteria are met, as well as the regulations set forth in subsections B through D of this section:

      1.   The home occupation is conducted as an economic enterprise or for compensation by a full time occupant of a dwelling unit; and

      2.   The home occupation is incidental and secondary to the use of the dwelling unit or permitted accessory structure, as the case may be, for residential purposes; and,

      3.   The home occupation does not change the essential residential character of the dwelling unit or permitted accessory structure.

   B.   Permitted Home Occupations: The following home occupations are examples of uses that are customarily incidental to and compatible with residential activities and, therefore, are allowed as a home occupation, subject to compliance with all applicable regulations of this code:

      1.   Artist, writer, musician, teacher.

      2.   Salesperson or manufacturer's representative.

      3.   Professional office, including doctor, lawyer, engineer, architect, surveyor, accountant, or other recognized profession.

      4.   Any other use similar to the uses listed above and determined by the zoning administrator to be incidental to or compatible with residential activities.

      5.   Home occupations shall require approval as a conditional use (as recommended after hearing and approval as provided in this code) if the proposed home occupation use would otherwise require a conditional use permit if it were a principal use.

   C.   Prohibited Home Occupations: The following are prohibited home occupations:

      1.   Automobile, truck, bus or recreational vehicle repair garage.

      2.   Any use involving the keeping of farm animals unless the property meets the minimum acreage requirements. The keeping of exotic animals is prohibited as a home occupation.

      3.   The sale of alcoholic beverages, tobacco products, firearms or other weapons.

      4.   Contractors including excavating, landscaping and other tradesmen who store business vehicles, equipment and materials, except as permitted by subsection D3d of this section.

      5.   Use of a residential property as a "transfer station" in conjunction with off site business operations.

      6.   Hospitals or medical centers.

      7.   Restaurants.

      8.   Any use that is not customarily incidental to the residential use, as determined by the zoning administrator.

   D.   Regulations:

      1.   Employees: The entrepreneur of every home occupation must reside in the dwelling unit on the lot where the home occupation is conducted. No persons other than members of the immediate family residing in the dwelling unit may be an employee of the home occupation.

      2.   Structural Limitations:

         a.   A home occupation shall not occupy more than twenty five percent (25%) of the total floor area of all principal and accessory structures on a lot.

         b.   No alteration of any kind shall be made to the dwelling unit or accessory structure where a home occupation is conducted that would change its residential character, including the enlargement of public utility services beyond that customarily required for residential use.

         c.   No separate entrance shall be provided in connection with the conduct of any home occupation, except as required by federal, state, or local law or regulation.

      3.   Operational Limitations:

         a.   The home occupation shall be conducted entirely within the dwelling unit or accessory structure, except for outdoor play areas for legally established home daycares.

         b.   No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.

         c.   No outdoor storage or display of business equipment, materials, merchandise, inventory, or heavy equipment shall be allowed in connection with any home occupation.

         d.   Not more than one vehicle identified or advertised as a commercial vehicle shall be permitted in connection with any home occupation.

         e.   Parking, receipt, and delivery of goods and equipment shall be in keeping with the residential character of the property.

      4.   Signage And Visibility: No exterior display or signage shall be permitted except as authorized in the respective residential district pursuant to section 10-5-8 of this chapter.

      5.   Traffic Limitations: No home occupation shall generate more vehicular or pedestrian traffic than is typical of dwellings in the area.

      6.   Nuisance Causing Activities: In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or be noxious, offensive, or hazardous.

      7.   Licensing Requirements: Every home occupation shall be subject to any applicable business or other licensing and inspection requirements. (Ord. 2014-924, 5-6-2014)

This section is intended to provide for the maximum safety of persons using the sidewalks and streets, and to provide for the maximum enjoyment of the use of the property.

   A.   Clear View Of Intersecting Streets: On any corner lot, within the triangular area formed by the two (2) street centerlines and a third line connecting two (2) points, one of which is located on each of the two (2) street centerlines, one hundred feet (100') from their junction, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2½') and ten feet (10') above the plane surface formed by the centerline grades of the aforementioned streets.

   B.   Height Of Fences, Walls And Hedges:

      1.   Non-Residential And Agricultural Zoning Districts: Fences, walls, and hedges are permitted in any required yard in all non-residential and agricultural zoning districts subject to the provisions of this Section. Fences, walls, and hedges in non-residential and agricultural zoning districts may not exceed eight feet (8') in height at any point.

      2.   Residential Zoning Districts: Fences, walls, and hedges are permitted in any required yard in the Suburban Estate, Suburban Residential, and Southeast District subject to this Section and the following height limitations:

         a.   Fences, walls, and hedges in the rear yard may not exceed six feet (6') in height at any point. For the purposes of this Section, rear yard will mean the area running from the rear lot line to the front of the primary residence, and includes fencing returning from the side yard to the primary residence.

         b.   Fences, walls, and hedges in the front yard may not exceed four feet (4') in height at any point.

   C.   Fence Construction And Maintenance:

      1.   Post hole depth for all fences and walls above four feet (4') must be a minimum of forty two inches (42").

      2.   All fences, walls, and hedges must be maintained in good repair and in structurally sound condition.

      3.   No fence may have any noticeable leaning or missing sections, broken supports, non-uniform height or design, or peeling, flaking or chipped paint or coating.

      4.   Damaged or missing posts, pickets, or other components of a fence or wall shall be replaced within fourteen (14) days notice with material of the same type and quality.

      5.   The finished side of the fence shall at all times face the exterior of the property so as to be viewable from the outside of the property.

   D.   Fence Material In Residential Districts: Fences and walls may only consist of wood, stucco, masonry, stone, decorative P.V.C., manufactured fencing, or ornamental metal fencing. Fences and walls may not be constructed of welded wire mesh, chain link, solid plywood, scrap lumber, or other noncustomary materials. Welded wire mesh may only be used for interior rear yard fences not exceeding four (4) feet in height that are used for protecting a garden.

   E.   Fence Color: All fences, walls, and hedges must be of a color which blends in with the natural surroundings or is consistent with the color of the primary residence on the lot.

   F.   Dangerous Fences: No fence may be maintained or constructed of, in whole or in part, barbed wire, razor wire, or other material that poses a safety hazard.

   G.   Traffic Visibility: No fence, wall, or hedge may be erected or maintained that creates a visual obstruction along a public or private street or right-of-way that interferes with traffic visibility or safety.

   H.   Temporary Fencing: Temporary fences such as plastic silt fences, snow fences, or temporary chain link fences are allowable as may be required for active construction projects, as long as such fences comply with all applicable building code requirements. Temporary fencing must be removed within thirty (30) days of construction being completed or halted. Temporary garden fences not exceeding forty-two (42) inches in height may be installed without a permit but must be removed within one hundred eighty (180) days of installation.

   I.   Non-Conforming Fences: Fences, walls, and hedges that are existing, legal non-conforming structures may only be used, maintained, remodeled, enlarged, or otherwise altered in accordance with the provisions of Chapter 6 of this Title governing nonconformities. Any legal non-conforming fence, wall, or hedge may be repaired if fifty percent (50%) or less of the fence, wall, or hedge is damaged or in need of repair. If more than fifty percent (50%) of a legal non-conforming fence, wall, or hedge is damaged or in need of repair, the fence, wall, or hedge must be brought into compliance with this Section.

   J.   Governmental agencies; exceptions. Governmental agencies may erect fences that exceed eight feet (8'). This section shall supersede any other section of this Code. Prior to erecting such fence, such governmental agency shall obtain a permit from the Village to do so.

   K.   Permit Required: It shall be unlawful for any person to erect, move, alter, or repair any fence within the Village without first obtaining a permit from the Village. (Ord. 91-341, 4-2-1991; amd. Ord. 2022-1111, 2-1-2022; Ord. 2022-1113, 3-1-2022; Ord. 2024-1163, 11-6-2024)

   A.   Application: Application for a temporary use permit shall be made to the zoning officer, approved by the village board (except as otherwise provided in subsection B9 of this section) and shall contain the following information:

      1.   A survey or legal description, street address or other accurate description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately portray including adjacent zoning.

      2.   A description of the proposed use.

      3.   Sufficient information to determine the yard requirements, sanitary facilities and availability of parking space to service the proposed use. (Ord. 2009-794, 11-3-2009)

   B.   Uses Permitted As Temporary Uses: The following are temporary uses and are subject to the following specific regulations and time limits in addition to the regulations of any zoning district in which the use is located. See section 10-4-1 of this title.

      1.   Carnival Or Circus: A temporary use permit may be issued for a carnival or circus for a period not longer than fifteen (15) days.

      2.   Christmas Tree Sales: A temporary use permit may be issued for the display and open lot sales of Christmas trees for a period of not longer than forty five (45) days. (Ord. 91-341, 4-2-1991)

      3.   Contractor's Office, Yard And Sheds: In any zoning district, a temporary use permit may be issued for a contractor's temporary office, yard and equipment sheds, provided that in a residential zoning district such use must be incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations. The permit shall be valid for not more than one year, but is renewable. Storage of flammable liquids, explosives, combustibles or other similar hazardous materials is prohibited, unless authorized in writing by the village. The office or shed shall be removed upon completion of the construction project, if applicable, or termination of the temporary use permit, whichever occurs first. The village board may impose conditions to address noise, odors, vibrations, or any type of emission produced on the property, the screening of vehicles, equipment, and material stored on the property, or any other condition or limitation deemed appropriate by the board in connection with the temporary use permit. (Ord. 2013-898, 6-18-2013)

      4.   Real Estate Sales Office: In any zoning district, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision or planned unit development which has been approved by the village. The permit shall be valid for not more than one year, but is renewable. The office shall be removed upon completion of the development of the subdivision or planned unit development. A model home or other structure may be used as a temporary sales office except that sleeping and cooking facilities shall not be used.

      5.   Religious Tent Meeting: In any zoning district, a temporary use permit may be issued for a tent or other temporary structure to house religious meetings for a period of not more than thirty (30) days.

      6.   Seasonal Sale Of Farm Products: In any zoning district, a temporary use permit may be issued for the operation of a roadside stand for the sale of farm produce grown exclusively on the premises. The permit shall be valid for not more than three (3) months per year. No sales shall be made within thirty feet (30') of any highway or street right of way.

      7.   Special Promotions: Where one or more businesses undertake special promotion for the sale of goods outside or in a tent erected for the event, a temporary use permit shall be required. Such permit shall be for a period of not more than seventy two (72) consecutive hours (3 days) in any one calendar month.

      8.   Tent Theater: A temporary use permit may be issued for a tent theater. The permit shall be valid for not more than three (3) months per year. (Ord. 91-341, 4-2-1991)

      9.   Other Events: Fundraising events in support of local institutions such as schools or churches which are to be held on property other than the lot upon which such institution is located shall be required to have a temporary use permit showing the location, date and hours of operation. Notwithstanding the provisions of subsection A of this section, fundraising events are subject to the approval of the zoning administrator and the fee for temporary use permits as required by section 13-1-1 of this code shall be waived. (Ord. 2009-794, 11-3-2009)

The following exceptions are established to provide relief from the zone regulations where applicable: (Ord. 91-341, 4-2-1991)

   A.   Height Exceptions: The following structures or parts thereof are exempt from the height limitations set forth in the several zones except as limited by any height restriction imposed by any airport authority, port district or other municipal corporation operating an airport.

      1.   All districts:

         a.   Church steeple;

         b.   Public utility poles, towers and wires.

      2.   AG (agriculture), PL (public land), B (business), OR (office and research), LI (light industry), LI-1 (light industry-1), and LI-2 (light industry-2):

         a.   Agricultural buildings, but not dwellings;

         b.   Bulk storage silos and towers;

         c.   Gravity feed apparatus;

         d.   Radio and television antennas and towers;

         e.   Towers, fire, mechanical and smoke, not to exceed sixteen feet (16');

         f.   Water tanks and standpipes. (Ord. 2009-794, 11-3-2009)

   B.   Yard And Building Setback Exceptions: The following structures shall be allowed to project into or to be constructed in any required yard within the area otherwise prohibited by a building setback line:

      1.   Awnings and canopies not to exceed three feet (3');

      2.   Bay windows not to exceed two feet (2');

      3.   Chimneys not to exceed two feet (2');

      4.   Clothesline post;

      5.   Driveways and curbs provided that any drive located in a side yard, other than a common driveway, shall be set back from such side lot line a distance of at least five feet (5');

      6.   Fences, walls and hedges in accordance with section 10-5-11 of this chapter;

      7.   Flagpoles;

      8.   Garbage disposal equipment, nonpermanent;

      9.   Guardhouse or gatehouse;

      10.   Islands including canopies, pumps and underground fuel storage tanks for gasoline service stations, minimum setback of twenty feet (20');

      11.   Landscape features;

      12.   Mailboxes;

      13.   Overhanging roofs, eaves, gutters, cornices or other architectural features, not to exceed three feet (3');

      14.   Planting boxes;

      15.   Recreational equipment (except swimming pools);

      16.   Septic systems wells and underground utilities;

      17.   Sidewalks and steps;

      18.   Signs as provided in section 10-5-8 of this chapter;

      19.   Steps or stairs to a dwelling, nonenclosed, not to exceed four feet (4');

      20.   Terraces, decks or porches (nonenclosed), not to exceed four feet (4');

      21.   Trees, shrubs, flowers and other plants, in accordance with the vision requirements of section 10-5-11 of this chapter;

      22.   Yard and security lighting fixtures, provided that no such fixture or pole exceeding a height of eight feet (8') shall be located in a required front yard. (Ord. 91-341, 4-2-1991)