This title shall be now referred to and cited as the ZONING ORDINANCE OF THE VILLAGE OF WATERMAN and shall apply to uses of structures, land and water within the corporate limits of the village and to the subdivision of land and the public improvements placed thereon in and within one and one-half (11/2) miles of the corporate limits of the village. (Ord. 2004-19, 8-10-2004)

This title is adopted for the following purposes:

   A.   To implement the goals, objectives and policies of the Waterman comprehensive plan.

   B.   To promote the public health, safety, morals, comfort and general welfare of the people.

   C.   To divide the village into zones or districts regulating and restricting therein the location and use of buildings, structures and land for residence, business, manufacturing and other specified purposes.

   D.   To protect the character and stability of the agricultural, residential, business, and manufacturing areas within the village and to promote the orderly and beneficial development of such areas.

   E.   To provide adequate light, air, privacy and convenience of access to property.

   F.   To establish building lines and the location of buildings designed for residential, business, and manufacturing or other uses within such areas.

   G.   To fix reasonable standards to which buildings or structures shall conform.

   H.   To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off street parking of motor vehicles and the loading of commercial vehicles.

   I.   To protect against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort and general welfare.

   J.   To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.

   K.   To facilitate and ensure the preservation of sites, areas and structures of historical, architectural and aesthetic importance.

   L.   To define and limit the powers and duties of the administrative officers and bodies provided herein.

   M.   To encourage the use of alternative and renewable energy sources.

   N.   To prevent the pollution of air, streams, and other surface waters; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout Waterman in order to preserve the integrity, stability, and beauty of the community and the value of land.

   O.   To prescribe penalties for the violation of and methods for the enforcement of the provisions of this title or any amendment hereto. (Ord. 2004-19, 8-10-2004)

   A.   Compliance With Provisions: No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located. (1999 Code § 5.06)

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

   C.   More Restrictive Provisions Apply: Where the conditions imposed by any provision of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this code or of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive (which impose higher standards or requirements) shall govern.

   D.   No Authority To Operate A Business: Nothing in this title shall be deemed to be a consent, license or permit to use any property, to locate, construct, or maintain any building, structure or facility, or to carry on any business, industry, occupation or trade.

   E.   Platted Building And Setback Lines: If a recorded subdivision plat imposes a building or setback line for a lot which is less than the minimum yard required by the applicable section of this title, then, notwithstanding the recorded plat, the minimum yard shall be the same as required by the applicable section of this title.

   F.   Disclosure By Trustee Of Land Trust: Whenever any trustee of a land trust or any beneficiary or beneficiaries of a land trust make application to the village or any of its agencies pursuant to the provisions of this title relating to the land which is the subject of trust, any interest therein, improvements thereto, or use thereof, such application shall identify each beneficiary of such land trust by name and address and define his interest therein. All such applications shall be verified by the applicant in his capacity as trustee, or by the beneficiary as the beneficial owner of an interest in such land trust.

   G.   Private Agreements: This title is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than easements, covenants, or other private agreements, the requirements of this title shall be controlling.

   H.   Separability: In accordance with the following, it is hereby declared that the several provisions of this title are separate:

      1.   If any court of competent jurisdiction determines any provision of this title to be invalid, such determination shall not affect any other provision of this title not specifically included in the court's judgment order.

      2.   If any court of competent jurisdiction determines any provision of this title to be invalid as applied to a particular lot, parcel, building, structure or use, such determination shall not affect the application of such provision to any other lot, parcel, building, structure or use not specifically included in the court's judgment order.

   I.   Illustrations: The illustrations used in this title are not drawn to scale and are intended only to graphically represent the requirements and concepts contained herein, and are not intended, nor should they be construed, to represent every situation or circumstance which may exist in the village. When there is a conflict between the text of this title and an illustration herein, the text shall prevail. (Ord. 2004-19, 8-10-2004)

Any and all standards and other codes, regulations and public records incorporated by reference into this title have been adopted in accordance with the requirements established in 65 Illinois Compiled Statutes 5/1-3-1 et seq., and 50 Illinois Compiled Statutes 220/0.01 et seq. (Ord. 2004-19, 8-10-2004; amd. 2005 Code)

For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows. All words used in the present tense include the future tense. All words used in the singular include plural, and all words used in the plural include the singular. The word "shall" is mandatory and not directory. The word "used" shall be deemed to include "designed, intended or arranged to be used".

   ABANDONMENT: To cease or discontinue a use or activity without intent to resume. This definition excludes temporary or short term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility. Also, ceasing an activity during normal periods of vacation or seasonal closure shall not constitute "abandonment".

   ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement.

   ACCESSORY USE: A use incidental to and on the same zoning lot as a principal use. An "accessory use" is subordinate in size, extent and/or purpose to the principal use and contributes to the comfort, convenience and/or necessity of the principal use being served.

   AGRICULTURAL USE: The noncommercial and limited growing of vegetables in the open; mushroom growing, flower gardening, nurseries and orchards.

   AGRICULTURE: Land, or land and structures, the principal use of which includes one of the following: the growing of farm crops, truck garden crops, animal, apiculture, aquaculture, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, wholesale greenhouses; and accessory uses customarily incidental to agricultural activities.

   ALLEY: Any public or private way dedicated to public travel. See table, "Urban Section Standards", in subsection 10-3-2D of this code for standard widths.

   BASEMENT: That portion of a building which is partly or completely below grade.

   BEDROOM: Includes any room used principally for sleeping purposes, an all purpose room, a study or a den.

   BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. To determine the number of buildings on a zoning lot, each building shall be considered a separate building when the buildings are not joined by a common wall, roof, ceiling and floor assemblies.

   BUILDING, ACCESSORY: A building which is subordinate to and serves a principal building or use. An accessory building is subordinate in size, extent and/or purpose to the principal building or use and contributes to the comfort, convenience and/or necessity of the occupants of the principal building or use being served.

   BUILDING LINE: See definition of Setback.

   BUILDING, PRINCIPAL: A building in which is conducted the main or the principal use of the lot on which said building is situated.

   CERTIFICATE OF USE AND OCCUPANCY: The certificate issued by the zoning official which permits the use of a building in accordance with the approved plans and specifications. It also certifies compliance with the provisions of this title for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.

   CHANGE OF USE: An alteration by change of use in a building or a tract of land, heretofore existing, to a new use which imposes other provisions of this title or the building code 1 governing building construction, equipment or means of egress.

   DEVELOPMENT, PLANNED: Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building location, landscaping and the like. A planned development includes a program for the provision, operation and maintenance of common areas, facilities and improvements that are for the use of the occupants of the planned development district, but which will not be provided, operated or maintained at public expense.

   DRIVEWAY: An open area of land, other than a street, sidewalk or other public way, permitting ingress from a public street or alley or other public right of way to public or private property, the principal use of which is for the standing, parking, loading or unloading of a motor vehicle.

   DWELLING, MULTIPLE-FAMILY: One building consisting of three (3) or more dwelling units, each of which is attached to at least one other dwelling unit by a common wall extending from floor to ceiling and from exterior wall to exterior wall or by a horizontal structure floor assembly extending from exterior wall to exterior wall, except for a common stairwell exterior to the dwelling units.

   DWELLING, SINGLE-FAMILY: A detached dwelling unit designed for and intended for use by one family or one household.

   DWELLING, TWO-FAMILY: One building consisting of two (2) dwelling units attached by a common wall extending from the floor to the ceiling and from exterior wall to exterior wall or by a horizontal structure floor assembly extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

   DWELLING UNIT: A room or group of rooms meeting minimum habitable room sizes as required by the village building code 2 which are arranged, designed, used or intended for use exclusively as living quarters for one family or one household, including sleeping, cooking, eating and sanitation facilities. This definition includes manufactured and modular homes but not mobile homes.

   DWELLING UNIT, FARM: A single-family dwelling unit located on a farm which is used or intended to be used by the farm owner, operator, or person employed thereon. Only one farm dwelling shall be permitted on each farm.

   EASEMENT: A grant of one or more of the property rights by the owner to or for the use by the public, a corporation or another person or entity for a specific purpose.

   EFFECTIVE DATE HEREOF: November 1, 1996.

   FAMILY: Two (2) or more persons related to each other by blood, marriage, adoption or other means of legal custody, plus not more than two (2) unrelated lodgers or guests, living together as a single housekeeping unit in a dwelling unit.

   FARM: Real property used for commercial agriculture comprising at least forty (40) acres of which at least twenty five (25) acres have been utilized for agricultural pursuits for the last three (3) years, all of which is operated by a sole proprietorship, partnership, or corporation and including all necessary farm buildings, structures and machinery. Property used for commercial agriculture, but not meeting the minimum land area requirement herein, may be a "farm" if such tract of land produces a gross annual income, as averaged over the most recent three (3) year period, of fifteen percent (15%) of the average gross income for all farming as published in the yearly USDA report from activities described in the term "agriculture" of this section.

   FENCE: A freestanding structure of metal, masonry, composition or wood, or any combination thereof, permanently installed by being partially buried in the ground and rising above ground level, and used for confinement, screening, or partition purposes, including the following:

   A.   Fence, Decorative: A fence having a regular pattern that has more than fifty percent (50%) of the surface open and unobstructed to vision, light and air, when viewed perpendicular to the plane of the fence and intended primarily for aesthetic purposes;

   B.   Fence, Natural: A living barrier that is made of natural growth, such as shrubs, hedges, evergreens and similar planted vegetation; and

   C.   Fence, Solid: A fence having a regular pattern that has less than fifty percent (50%) of the surface open and unobstructed to vision, light and air, when viewed perpendicular to the plane of the fence and intended primarily for privacy or security purposes.

   GARAGE, PRIVATE: An accessory building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of vehicles with no facilities for mechanical service or repair of a commercial or public nature.

   HEIGHT, BUILDING: The vertical distance from grade plane to the highest point of the building, excluding the following structural projections: chimneys, cooling towers, elevator head houses, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers or spires, church steeples or necessary mechanical appurtenances usually required to be placed above the roof level; except, that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than twenty percent (20%).

   HOME OCCUPATION: An occupation, profession or other business activity that is clearly a customary, incidental and secondary use of a residential dwelling unit which does not alter the exterior of the building or lot or affect the residential character of the neighborhood. Such a use shall not employ more than one person outside the family residence in the dwelling.

   LOT, CORNER: A lot abutting on and at the intersection of two (2) or more streets. For establishing building setbacks, a corner lot is considered to have two (2) or more front yards.

   LOT DEPTH: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.

   LOT, FLAG: A lot with access provided to the bulk of the lot by a narrow corridor of property.

   LOT LINE: A line dividing one lot from another or from a street or any public place.

   LOT LINE, FRONT: (See also definition of Yard, Front.) On an interior lot, the lot line abutting a street; or on a corner lot, the shorter lot line abutting a street; or on a through lot, the lot line abutting the street providing the primary access to the lot; or on a flag lot, the interior lot line most parallel to and nearest the street providing access.

   LOT LINE, REAR: (See also definition of Yard, Rear.) The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

   LOT LINE, SIDE: (See also definition of Yard, Side.) Any lot line not a front or rear lot line.

   LOT OF RECORD: A lot which is part of a subdivision or parcel of land whose boundaries have been established by some legal instrument and is shown on a map or plat thereof and which has been legally approved by the village board and recorded in the office of the recorder of deeds of DeKalb County. A "lot of record" may or may not coincide with a zoning lot.

   LOT, THROUGH: A lot having its front and rear yards each abutting on a street (also known as double frontage lot).

   LOT WIDTH: The horizontal distance between side lot lines, measured at the front lot line.

   LOT, ZONING: A single tract (or combination of tracts) of land located within a single block, which (by filing and recording an affidavit for the use of more than one lot at the time of application for a building permit) is designated by the owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a lot of record.

   MANUFACTURED HOME: A dwelling unit designed for long term human habitation that is manufactured under the authority of 42 USC section 5401, the national manufactured home construction and safety standards act, where all parts and systems have been fabricated and assembled at a factory into at least two (2) finished, transportable components which are designed to be temporarily attached to a wheeled carriage for transportation to the building site and then joined for use on a permanent foundation. A "manufactured home" is at least twenty feet (20') in width at its narrowest point, is installed on a foundation system in compliance with the village building code 3 , is covered with exterior materials customarily used on conventional dwellings, has a roof with a pitch and materials customarily seen on conventional dwellings, is convertible to real property and is taxed as a site built dwelling as provided by law.

   MOBILE HOME: A transportable factory built home designed to be used as a year-round residential dwelling with a permanent foundation, which is less than twenty feet (20') in width at its narrowest point, was built on a chassis with wheels on axles permanently attached to its body or frame, and does not have facade or roof design customarily seen on conventional dwellings.

   MODULAR HOME: A factory built home certified as meeting the village building codes as applicable to modular housing 4 and subject to the same standards as site built homes.

   NONCONFORMING LOT: A lot of record existing at the effective date hereof, or amendment hereto (and not created for evading the restrictions of this title), that does not meet the minimum area requirement of the district in which the lot is located.

   NONCONFORMING SITUATION: A situation that occurs when, on the effective date hereof, or amendment hereto, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a "nonconforming situation" may arise because a lot does not meet minimum size requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this title, or because land or buildings are used for purposes made unlawful by this title.

   NONCONFORMING USE: A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a "nonconforming use").

   NONCONFORMITY, DIMENSIONAL: A nonconforming situation that occurs when the height of a structure, or the relationship between an existing building or buildings and other buildings or lot lines, does not conform to the regulations applicable to the district in which the property is located.

   OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, junk, material or merchandise in the same place for more than twenty four (24) hours.

   OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property.

   PARKING SPACE: Any impervious surfaced area, enclosed or unenclosed, with dimensions as set forth in subsection 9-12-4C2 of this title exclusive of access drives, aisles, ramps and office and work areas, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile; provided, however, that "parking spaces" shall not be located in required front or side yards in dwelling districts.

   PARKWAY: That area beginning from the back of the curb or the edge of a gravel shoulder and extending to the front edge of the sidewalk.

   PERSON: Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. The term shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any provision of this title prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof and as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of such provision.

   PRINCIPAL USE: The primary use to which the premises are devoted.

   QUEUING SPACE: The space occupied by any number of cars that must be accommodated while awaiting ingress or egress to specified business or service establishments.

   RECREATIONAL VEHICLE: Any vehicle or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:

   A.   Boat: Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle;

   B.   Camping Trailer: A folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use;

   C.   Motor Home: A temporary dwelling designed and constructed for travel, camping, recreational or vacation use as an integral part of a self- propelled vehicle;

   D.   Off Road Vehicles: Vehicles intended primarily for recreational use off of roads where state vehicle licenses are required, e.g., dune buggy, go-cart, snowmobile;

   E.   Racing Cars/Cycles: Vehicles intended to be used in racing competition, such as a racecar or racing cycle. A racing car/cycle mounted on a trailer shall be considered one vehicle;

   F.   Travel Trailer: A vehicle without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational or vacation uses;

   G.   Truck Camper: A structure designed primarily to be mounted on a pickup truck or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational or vacation uses. When mounted on a truck, such structure shall be considered one vehicle;

   H.   Vans: Noncommercial motor vehicles licensed by the state of Illinois as recreational vehicles; and

   I.   Vehicle Trailer: A vehicle without its own motive power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile, for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with a vehicle mounted on it shall be considered one vehicle.

   RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other special use.

   SETBACK, BUILDING LINE: The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the related front, side or rear lot line.

   SIGHT DISTANCE TRIANGLE 5 : Except where otherwise stated, the requirements of the "sight distance triangle" shall be as follows: On a corner lot in any district, 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 (2.5') and eight feet (8') above the grade at the back of the curb of the intersecting streets, within the triangular area formed by the right of way lines and a line connecting them at points twenty five feet (25') from their point of intersection or at equivalent points on private streets; except, that the "sight distance triangle" may be increased by the zoning official when deemed necessary for traffic safety.

   SPECIAL USE: A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to the public health, safety or general welfare.

   STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

   STREET: Any public or private way dedicated to public travel thirty one feet (31') or more in width. The word "street" shall include the words "road", "highway" and "thoroughfare".

   SUBDIVISION: The subdivision of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division or parcel of land; provided, that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

   VARIANCE: A modification of the specific requirements of this title granted by the board of appeals or village board under the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Such modifications do not include authorizing a use not among the uses specified by this title as permitted in the district in which such property is located.

   YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a "yard" for determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. Where a lot abuts a street, all yards abutting said street shall be measured from the street right of way.

   YARD, FRONT: A yard extending across the full width of the lot and lying between the required front building setback line and the front property line of the lot.

   YARD, REAR: A yard extending across the full width of the lot and lying between the rear lot line and the required rear building setback line.

   YARD, SIDE: A yard lying between the side line of the lot and the nearest line of the required side building setback line and extending from the front yard to the rear yard.

   ZONING OFFICIAL: A person appointed as specified in section 9-3-1, "Zoning Official", of this title. Unless specified otherwise by authority of section 9-3-1 of this title, the zoning official shall be the chairman of the zoning committee. (1999 Code § 5.03; amd. Ord. 2004-10, 6-8-2004; Ord. 2004-19, 8-10-2004; 2005 Code; Ord. 2015-02, 2-10-2015)

This title shall be administered and enforced by the zoning official who shall be appointed by the president of the village board with the board's concurrence. (1999 Code § 5.40)

   A.   Permit Required: It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alteration of any buildings, including accessory buildings, until the zoning official has issued a building permit for such work.

   B.   Application For Permit: In applying to the zoning official for a building permit, the applicant shall submit a dimensioned sketch or scaled plan indicating the shape, size, height and location of all buildings to be erected, altered or moved and of any buildings already on the lot. He shall state also the existing and intended use of all such buildings and supply such other information as may be required by the zoning official for determining whether the provisions of this title are being observed.

   C.   Issuance Or Denial Of Permit: If the proposed excavation or construction as set forth in the application are in conformity with the provisions of this title and other ordinances of the village, the zoning official shall issue a building permit for such excavation or construction. If a building permit is refused, the zoning official shall state such refusal in writing, with the cause, and shall immediately forward such notice of refusal to the applicant. The zoning official shall grant or deny the permit within ten (10) days from the date the application is submitted. The issuance of a building permit shall in no case be construed as waiving any provisions of this title.

   D.   Invalidity Of Permit: A building permit shall become void in the following instances:

      1.   If substantial progress has not been made on the project for which the permit was issued within ninety (90) days of the date of issuance.

      2.   If the building exterior and rough grading is not complete within thirty (30) months of the date of issuance.

   E.   Permit Fee: To partially defray the expenses of administering this title, a fee shall be collected by the zoning official for each building permit 1 . (1999 Code § 5.41)

   A.   Certificate Of Occupancy: No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the zoning official shall have issued a certificate of occupancy indicating that such land, building or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this title. Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the zoning official to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this title; or if such certificate is refused, to state such refusal in writing, with the cause, and immediately forward such notice of refusal to the applicant.

   B.   Temporary Certificate Of Occupancy:

      1.   A temporary certificate of occupancy may be issued if the sidewalk, driveway, parking area or other require improvements cannot be installed prior to occupancy.

      2.   Temporary certificate of occupancy shall only be effective for six (6) months from the date of issue and will only be issued after the payment of a bond or escrow amount that is set from time to time by action of the Village Board of Trustees and a written commitment is provided by the builder stating the anticipated completion date of the construction.

      3.   A Temporary Certificate of Occupancy will not be issued where improvements relate to life safety requirements or substantial completion.

      4.   Violating the conditions of a Temporary Certificate of Occupancy will result in revocation of the Temporary Certificate of Occupancy and any bond or escrow held by the Village will be forfeited to the Village. (1999 Code § 5.41; amd. 2005 Code; Ord. 2022-08, 11-8-2022)

   A.   Authority:

      1.   The mayor and village board of trustees may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries as provided for in this title. (1999 Code § 5.47)

      2.   The regulations imposed and the districts created under the authority of this title may be amended from time to time, by ordinance, in accordance with the applicable statutes of the state. An amendment shall be granted or denied by the board of trustees only after public hearing before the planning commission and a report of the commission's findings and recommendations has been submitted to the board. (1999 Code § 5.48)

   B.   Initiation Of Amendment; Fee: Amendments may be proposed by the board of trustees, by the planning commission, the board of appeals, other governmental bodies, or by any owner of property within the jurisdictional limits of this title. Any person, firm or corporation desiring to petition or request an amendment or change in this title shall accompany said petition or request with a payment of two hundred dollars ($200.00) to the village, for the purpose of defraying the expense of legal publications and other costs required to schedule and hold the hearing relative to the proposed amendment to this title and the subsequent publication of any amendment made hereto. (1999 Code § 5.48; amd. 2005 Code)

   C.   Application For Amendment; Notice Of Hearing: An application for an amendment shall be filed with the village clerk and thereafter introduced to the village board. Such application shall be forwarded from the board of trustees to the planning commission, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the village.

   D.   Hearing And Planning Commission Recommendations: The planning commission shall hold the public hearing and forward its recommendations in the form of a written report to the board of trustees within forty five (45) days of the date the petition was submitted to the planning commission, unless it is withdrawn by the petitioner.

   E.   Protests: In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all of the members of the village board of trustees. Any proposed amendment which fails to receive the approval of a majority of the planning commission members and is so reported, shall not be passed by the board of trustees except by a favorable vote of two-thirds (2/3) of all of the members of said board.

   F.   Board Of Trustees Decisions: The board of trustees, upon report of the planning commission and without further public hearing, may grant or deny any proposed amendment in accordance with the applicable statutes of the state, or may refer it back to the planning commission for further consideration. (1999 Code § 5.48)

   A.   Scope: Every petition filed and processed that requires the village to incur professional fees and expenses shall be subject to the requirements set forth in this section. The recovery of professional fees and expenses shall be in addition to any and all other filing fees and other charges established by the village. No petition subject to this section shall be placed on the agenda for any village board or committee until the petitioner has complied with this section. Notwithstanding the foregoing, the village board may consider a request for a reduction or waiver of the escrow required under this section prior to the creation of the escrow account.

   B.   Definitions:

   PETITION: Includes and refers to any and all petitions and applications: 1) filed or processed pursuant to this title; 2) filed or processed pursuant to the subdivision ordinance of this code; 3) filed requesting annexation, rezoning, building permits, or other land related permits or permissions; 4) which require the review of any proposed plans to verify compliance with the applicable codes and regulations of the village; 5) which require negotiation or discussion with the professional staff of the village, including, but not limited to, the village attorneys, village engineers or village planners; 6) which require the creation of a special service area under the current or future provisions of any applicable village, county or state ordinance, statute, regulation or law; 7) which involve connections to the storm water, sanitary sewer, water or other public utilities maintained by the village; 8) which involve the proposed construction of permanent or semipermanent fixed structures including buildings, parking lots, roadways or driveways, or other similar structures; or 9) the ongoing administration of any project that results from any of the above listed items to the full completion of the project.

   PROFESSIONAL FEES AND EXPENSES: Includes and refers to any and all fees, costs, expenses or other charges incurred by the village in the process of reviewing any petition, including, without limitation, the costs associated with professional review, discussion and/or negotiation of the petition and related agreements, permits, plans and other documents by the village attorneys, engineers, planners and other professionals, and including all costs or expenses otherwise incurred by the village in association therewith, including, but not limited to, administrative expenses of the village. Costs of inspections will include village's cost for any equipment and material involved, including staffing and administrative expenses associated with distributing materials related to the petition, copying or preparing such materials, administering escrow accounts, or otherwise related to the petition. Fees for village employees shall be based on hourly rates reflecting the actual time spent on the project by the village employees, with hourly rates for the same to be fixed from time to time by separate resolution of the village board of trustees. Professional fees and expenses may also include, as appropriate, the cost of court reporters, copy reproduction, document recordation, mailing costs, title searches, and such other costs as shall be incurred by the village due to the filing of the petition or the activity proposed by the petition. Professional fees and expenses shall also include the cost of inspection or supervision of any public improvements or other structures constructed by virtue of, or arising out of a petition.

   C.   Responsibility For Payment Of Recoverable Costs; Lien: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs. By signing the petition, the owner or petitioner shall be deemed to have agreed to pay, and to have consented to payment of recoverable costs, plus any costs of collection, in accordance with the provisions of this section. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.

   D.   Provisions Are A Condition Of All Petitions, Approvals And Permits: No petition filed pursuant to this title shall be considered complete unless and until all filing fees and deposits due pursuant to this title have been paid. Every approval granted and every permit issued pursuant to this title shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs as required by this section. The village may, in its sole discretion, issue stop work orders and otherwise revoke permits or permissions previously granted should a petitioner cease compliance with this section during the pendency of a filed or approved petition. Any person who files a petition covered under this section shall be obligated to execute and complete a separate reimbursement agreement which shall be provided by the village.

   E.   Failure To Pay Recoverable Costs: The failure to pay in full when due any recoverable cost or deposit required under this section shall be grounds for refusing to process a petition and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid recoverable cost or deposit relates.

   F.   Escrow Account To Be Established: At the time of filing a petition, and prior to the village's review of the same, the petitioner shall be required to establish an escrow account in compliance with this section, and shall be required to execute an escrow agreement in the form provided by the village. The petitioner shall be obligated to make all payments necessary to maintain such account at the level prescribed by the village. If the petitioner fails to make a payment requested by the village within thirty (30) days of such request, the village may unilaterally choose to implement any or all of the following remedies until such point in time as the petitioner has paid all amounts due, and has made all payments necessary to restore petitioner's escrow accounts to the level prescribed by the village:

      1.   Issuance of a stop work order on any portion of the work proposed by the petition.

      2.   Refusal to issue further permits for building, occupancy, water tap-on, or other petition related work.

      3.   Cessation of any utility service provided by the village to any property owned or maintained by petitioner or their successors or assigns.

      4.   Institution of appropriate legal action to recover any and all amounts due, in which case the village will be entitled to attorney fees, court costs, other collection costs, and interest at a rate of eight percent (8%) per annum, until such amount, including costs and interest, is paid in full.

      5.   Cessation of any or all work on or pertaining to the petition by village staff, employees or consultants.

Any portion of the escrow account which remains unused upon the termination of the petition or the completion of any improvement contemplated by the petition shall be refunded to the petitioner within thirty (30) days of the village's receipt of the last invoice for professional fees or costs associated with the petition. Further, the village shall provide the petitioner with copies of all invoices received for professional fees or costs that are reimbursed out of the petitioner's escrow account. The amount required to be deposited for the escrow account shall be set by resolution of the village board and may be amended from time to time, without notice.

   G.   Termination Of Obligation: Notwithstanding any contrary provision of this section, the petitioner's obligation to reimburse the village for professional fees and costs, and the accompanying obligation to maintain an escrow account, shall continue until the developer fully satisfies all obligations to reimburse the village, and shall in no event terminate earlier than ninety (90) days after the last to occur of: 1) the petitioner's voluntary termination of the petition and all work, projects or development associated therewith; 2) the satisfactory completion of the work proposed by the petition and all work arising therefrom (including, in the case of petitions for annexation, all subsequent plats and the completion of construction of any structures on the annexed property and the completion of all obligations of the underlying annexation agreement); 3) the village's rejection of the petition in its entirety, and the failure of the petitioner to indicate, within ninety (90) days of such rejection, the petitioner's desire to continue working with the village towards approval of the same or a modified petition. After the last to occur of the foregoing conditions, the village shall finalize all invoices for professional fees and costs, shall seek reimbursement from the petitioner for all such professional fees and costs, and shall, after settling all such invoices, refund any excess monies back to the petitioner. (Ord. 2006-12, 10-25-2006)

   A.   Remedies: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the proper authorities of the village board, in addition to other remedies, may institute any appropriate action or proceeding to prevent the occupancy of such building, structure or land.

   B.   Penalties: Any person violating any provisions of this title shall be fined as provided in section 1-4-1 of this code for each offense. Each day a violation is permitted to exist shall constitute a separate offense. (1999 Code § 5.42; amd. 2005 Code)

(Rep. by Ord. 2025-06, 9-9-2025)

   A.   Projections:

      1.   Residential Structures Into Yards: Architectural features of residential buildings, such as windowsills, cornices, and roof overhangs, may project into the required yard, provided such projection is not more than five feet (5') and does not reach closer than five feet (5') to any lot line.

      2.   Business Structures Over Sidewalks: Signs, awnings, canopies, and marquees are permitted to overhang the sidewalk in the C-1 general retail district only; provided, that overhanging signs are a minimum of eight feet (8') above the sidewalk at any point, and that all other structures are a minimum of seven feet eight inches (7'8") above the sidewalk at any point.

      3.   Accessory Building Into Rear Yards: One story accessory buildings may project into only rear yards abutting on an alley, provided such projection extends not closer than five feet (5') to the rear lot line. (1999 Code § 5.37)

   B.   Height Limits: The height limitations of this title shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, transmission towers, chimneys, smokestacks, derricks, conveyors, flagpoles, radio towers, masts and aerials. (1999 Code § 5.38)

   A.   Prohibited Fences And Walls:

      1.   The following fences and walls are prohibited:

         a.   Fences, including walls, and planting material used in the nature of a fence, placed or maintained on any portion of any public right of way or in any required yard which, by the nature of the materials used for its construction, its design or location would impair public safety by interfering with and obstructing the vision of persons using the streets, sidewalks or driveways on or adjacent to such a yard. No such fence may be located within the "sight distance triangle", as defined in section 9-2-1 of this title, or ten feet (10') along the street right of way and driveway when a street and driveway intersect, or along the street right of way and an alley when a street and alley intersect.

         b.   Fences or walls constructed in whole or in part of electrically charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed material of any kind. Except, that barbed wire may be used on a lot in the A-1 district when such lot is used for permitted agricultural purposes.

         c.   Chainlink fences with barbed ends up.

         d.   Chainlink fences with privacy insert strips in residential zoning districts. Privacy insert strips may be used in chainlink fences in nonresidential zoning districts, provided all of the inserts are of the same color.

         e.   Snow fences, except for the exclusive control of windblown snow between November 1 and March 31, or erected by state or local highway authorities, or used exclusively for protection devices at excavation sites.

         f.   Fences constructed of less than 9-gauge wire.

         g.   Front yard fences. Front yard fences installed prior to the effective date hereof shall not be replaced.

      2.   Exceptions to this subsection may be granted by petition to the zoning official.

   B.   Location, Construction And Maintenance:

      1.   Fences and walls shall be located entirely on the lot of the property owner constructing the fence or wall.

      2.   Fences may be located on public utility and drainage easements; however, the village and the public utility companies having rights to use said easement reserve the right to remove said fence to construct, repair or maintain utility facilities with no obligation to replace or restore said fence, unless so stated in the governing easement document. It shall be the obligation of the property owner to locate all utilities prior to construction of a fence.

      3.   The finished side of the fence or wall must face out from the property of the property owner constructing the fence or wall.

      4.   No fence or wall shall be constructed or maintained in such a manner as to obstruct, inhibit, impair or otherwise alter overland surface drainage across any adjoining lot. (Ord. 2004-10, 6-8-2004)

   C.   Height Restrictions: For the purpose of this section, a side yard extends from the required front yard to the required back yard. Fence height shall not exceed the following limitations, measured above the street grade directly opposite the fence, subject to the sight distance triangle rule 1 :

      1.   Residential: Rear and side yards, six feet (6').

      2.   Nonresidential: All yards, eight feet (8').

      3.   Exception: Nonresidential bordering residential, six feet (6'). (Ord. 2004-19, 8-10-2004)

   D.   Swimming Pool Fences: Swimming pool enclosures are regulated by the village building code 2 .

   E.   Public Works Fences: Protection of pedestrians (public) as it pertains to the work site is regulated by the village building code 3 . (Ord. 2004-10, 6-8-2004; amd. 2005 Code)

   F.   Exemptions From Zoning Regulations: The provisions of this title shall not apply to the following:

      1.   Fences constructed for the safety of children on park or school playgrounds.

      2.   Planting material used in the nature of a fence, except as otherwise prohibited by subsection A1a of this section. (Ord. 2004-10, 6-8-2004)

For the purpose of this title, all land within the village is hereby designated on the zoning map as being in one of the following districts:

 

(1999 Code § 5.04; amd. Ord. 2004-10, 6-8-2004; Ord. 2004-19, 8-10-2004)

   A.   Adoption Of Map: The location and boundaries of the districts established by this title are indicated upon the map entitled, "official zoning map, village of Waterman, Illinois", which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. The official zoning map shall be on file in the village clerk's office and shall be the final authority as to the current zoning status of land and buildings, subject to such authorized amendments, which may be in effect.

   B.   Annual Publication: The board of trustees shall cause to be published no later than March 31 of each year, a map clearly showing the existing zoning uses, divisions, restrictions, regulations, and classifications. If, in any calendar year, there are no changes in zoning uses, divisions, restrictions, regulations, and classifications, no map shall be published for such calendar year. (Ord. 2015-03, 4-14-2015)

In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

   A.   District boundaries are the centerlines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.

   B.   Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

   C.   Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundary shall be determined by the use of the scale shown on the zoning map.

   D.   When a lot held in one ownership on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the more restrictive district.

   E.   All streets, alleys, public ways, and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways and railroad rights of way. Where the centerline of a street, alley, public way or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the property abutting up to such centerline.

   F.   Boundaries indicated as approximately following municipal boundary limits shall be construed to follow municipal boundary limits.

   G.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

   H.   Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

   I.   Streets, alleys, public ways or railroad rights of way which are shown on the zoning map and which have heretofore been vacated, or which may be vacated hereafter, shall be in the same district as the land abutting both sides of the street, alley, public way or railroad right of way involved. If the land abutting each side of the street, alley, public way or railroad right of way was located in different districts before the said street, alley public way or railroad right of way was vacated, the centerline of such vacated street, alley, public way or railroad right of way shall be the district boundary line of the respective zoning districts. (Ord. 2004-19, 8-10-2004)

All territory which may hereafter be annexed to the village shall be classified A-1 district until otherwise classified by amendment as provided herein. In the event owners requesting annexation of their property desire a classification other than A-1 district, a petition shall be submitted for the desired zoning classification simultaneously with the petition for annexation. (Ord. 2004-19, 8-10-2004)

The purpose of the residence districts is to provide an area for residential uses and those public and semipublic uses normally considered an integral part of the residential neighborhood they serve. (1999 Code § 5.12)

The following are permitted uses in the residence districts:

   A.   R-1 district:

      1.   Single-family residence dwellings and home occupations, excluding mobile homes and trailers.

      2.   Special uses, as follows:

         Churches.

         Golf courses, regulation size or par 3, but not including commercially operated driving ranges or miniature golf courses.

         Government buildings.

         Parks, forest preserves and recreational areas when publicly owned and operated.

         Two-family residence dwelling including two-story houses having a complete apartment on each floor and also side by side apartments on a single lot that share a common wall. Any structure in the village that meets this definition in an R-1 district on the effective date hereof shall be deemed to possess a special use and shall be a legal conforming use within the R-1 district in which the property is located. (1999 Code § 5.13; amd. Ord. 2015-02, 2-10-2015)

   B.   R-2 district:

      1.   Two-family dwelling, multiple-family dwelling, tourist homes and lodging uses with accommodations for not more than fifteen (15) persons.

      2.   Special uses, as follows:

         Any use which may be allowed as a special use in the R-1 district (subsection A2 of this section).

         Off street open parking areas, provided there is a need for such facility in the interest of public necessity and convenience and that no appropriate site is available in adjacent business or manufacturing districts.

         Public swimming pool.

         Rectories, seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for their operation.

         Schools: day or nursery, public or private; or public for preschool age children, provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for and that the play area is fenced and screened with live plantings from all adjoining lots in any residence district.

      3.   The following additional uses are permitted as special uses when authorized by the village board after a public hearing and recommendation by the planning commission. Such special uses shall be subject to the following requirements and other requirements the planning commission or board of trustees believes are necessary to further the purpose of the residence districts and provide for the general health, welfare and safety of the public.

         Mobile home park: such mobile home park shall have permanent accommodations for a minimum of five (5) mobile homes; each mobile home shall have a permanent foundation and be connected to underground sanitary sewer and potable water lines; the plan of development will provide a minimum of one thousand two hundred fifty (1,250) square feet per each mobile home; and no mobile home shall be located any closer to the property lines of the development than the appropriate yard requirement for the district would allow.

Planned unit development as set forth in chapter 9 of this title. (1999 Code § 5.14; amd. 2005 Code)

   A.   R-1 District:

      1.   Lot Requirements:

 

 

      2.   Minimum Lot Size And Width: For purposes of this section, the size, shape and layout of the zoning lot upon which any single- family dwelling that was initially constructed prior to January 1, 2003, shall be prima facie evidence of the approved or permissible minimum lot size and minimum lot width at the time platted, annexed or incorporated into the village with R-1 zoning or equivalent single-family housing predecessor zoning, and the property owner and the village may conclusively rely on such evidence to determine the permissible minimum lot size and minimum lot width relative to such individual zoning lot. (Ord. 2007-02, 3-13-2007)

   B.   R-2 District:

      1.   Lot Requirements:

 

 

      2.   Minimum Floor Area: The minimum floor area for each living unit shall be as follows:

 

 

(1999 Code § 5.15)

      3.   Minimum Contiguous Area: The minimum area for any R-2 district established in the village after April 23, 2004, shall be forty thousand (40,000) square feet. (Ord. 2004-05, 4-13-2004)

   A.   Generally: No building, excluding garages, shall exceed three (3) stories or thirty feet (30') in height, unless each side yard is increased over the required minimum by five feet (5') for every five feet (5'), or fraction thereof, of additional height over thirty feet (30'). In no case shall the building height exceed forty feet (40'). The height of the building shall be measured from the top of the highest foundation wall to the fascia; provided, however, that buildings using mansard roofs shall be measured from the top of the highest foundation wall to the top of the roof.

   B.   Garages: No attached or unattached garage in a residence district shall exceed one thousand (1,000) square feet in size. The walls of any garage shall not exceed ten feet (10') in height, and the highest point on the garage roof shall not exceed the highest point of the roof of the principal residence. All garages shall have the same or similar exterior siding as the principal residence on the lot where the garage is located. (1999 Code § 5.16)

All structures to be constructed, altered or moved in the R-1 and R-2 districts shall provide yards of the minimum following depths:

   A.   Front Yard: Twenty five feet (25').

   B.   Side Yards: Ten percent (10%) of lot width at building line on each side yard.

   C.   Rear Yard: Twenty five feet (25').

   D.   Corner Lot Yards: Corner lots shall provide a front yard on each side street, not, however, to reduce the buildable width of the lot below twenty five feet (25').

   E.   Accessory Buildings: Accessory buildings shall be constructed with a minimum setback of five feet (5') from the side and rear lot lines. (1999 Code § 5.17)

   F.   Setback Requirements: Notwithstanding any contrary provision of this code, including, but not limited to, those provisions pertaining to legal nonconforming uses, any lot of record or zoning lot which was platted, annexed or incorporated into the village with R-1 zoning (or equivalent single-family predecessor zoning) and upon which any residential structures were constructed prior to January 1, 2003, (hereafter "the effective date") shall have the setback requirements for front yards, side yards, rear yards, yards of corner lots and accessory buildings set so as to permit construction, renovation, rehabilitation, reconstruction, alteration or modification of any such residential structures with the same or greater setbacks as existed on such lot of record or zoning lot relative to such residential structures on the effective date, provided that the use of the residential structure(s) is a permitted use in the R-1 zoning district, or is subject to a lawfully issued special use or variance. This definition of permissible setback requirements shall be deemed to supersede any contrary provision of this code, including, but not limited to, those restrictions contained in subsection 9-4-1A of this title. Any expansion of the footprint or building pad for any of the residential structures contained on such lot of record or zoning lot or construction of any new building on such lot of record or zoning lot beyond that which existed on January 1, 2003, shall require compliance with subsections A through E of this section, and all other applicable requirements of this code. For purposes of this subsection, "residential structures" shall be defined as a single-family dwelling and any of the following: 1) private garage; 2) driveway; or 3) related structure which qualifies as an accessory use to a single-family dwelling, contained on a single lot of record or zoning lot. (Ord. 2007-02, 3-13-2007)

There shall be provided in the R-1 and R-2 districts adequate off street parking in accordance with chapter 12 of this title. (Ord. 2004-19, 8-10-2004)

   A.   C-1 District: The purpose of the C-1 general retail district is to provide for a wide range of retail facilities and services of such a nature as to be fully compatible in the close proximity they must enjoy in the central business district.

   B.   C-2 District: The purpose of the C-2 service retail district is to provide for those retail businesses and services which require a location other than in the central business district being either highway oriented, requiring larger tracts of land not normally available in the central business district or to provide local neighborhood retail shopping facilities to that residential area immediately adjacent. (1999 Code § 5.19)

   A.   Permitted Uses: The following are permitted uses in the C-1 district:

      Any use permitted in a residential district (section 9-6-2 of this title); provided, that no residential use may be established, maintained, or permitted in the front portion of the ground level of any structure except those residential uses established on the ground level as of July 1, 1996, which shall be classified as legal nonconforming uses. Residential use in the rear portion of the ground level of any structure, regardless of when such use was established, shall be considered a permitted use.

      Accessory uses or buildings.

      Business and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices, banks and finance companies.

      Food, drug and beverage: grocery stores, supermarkets, meat markets, drugstores and liquor stores, bakeries in conjunction with retail sales, restaurants, tearooms and taverns.

      Governmental buildings and facilities, including public libraries.

      Major retail outlets: furniture, department, clothing, shoe and variety stores; hardware, appliance, paint and wallpaper stores.

      Motels.

      Service and recreation: laundromat, dry cleaning and laundry pick up stations; barber and beauty shops; shoe repair and tailor shops; printing shops with not more than ten (10) full time, regular employees; places of amusement and assembly.

      Specialty shops: gift shops, magazine, book and stationery outlets; florist shops; camera and photography shops; sporting goods, bicycle shops. (Ord. 2015-02, 2-10-2015)

   B.   Special Uses: The following are special uses in the C-1 district:

      Any use which may be allowed as a special use in the R-2 district (subsections 9-6-2B2 and B3 of this title).

      Automotive and related uses: new and used car sales, service and repair, gasoline filling stations, motorcycle and bicycle shops, cab and bus stands and depots.

      Frozen food lockers.

      Light food processing operations.

      Police and fire stations.

      Railroad right of way and trackage, but not including reclassification yards, terminal facilities or maintenance facilities.

      Rest homes, nursing homes, hospitals, clinics and sanatoriums.

      Utility company offices. (1999 Code § 5.21; amd. 2005 Code)

   A.   Permitted Uses: The following are permitted uses in the C-2 district:

      Any use permitted in the C-1 general retail district (subsection 9-7-2A of this chapter).

      Accessory uses or buildings.

      Building trades or equipment: building, concrete, electrical, masonry, sheet metal, plumbing and heating shops; building material establishments (provided no construction, millwork or concrete block manufacture is done on the premises). (1999 Code § 5.22; amd. 2005 Code)

   B.   Special Uses: The following are special uses in the C-2 district:

      Any use which may be allowed as a special use in the C-1 district (subsection 9-7-2B of this chapter).

      Heavy service and processing facilities: laundry and dry cleaning plants; linens, towel, diaper and similar supply services; animal pounds, kennels and veterinary establishments.

      Vehicle drive-in and heavy vehicle service: drive-in theaters; drive-in restaurants and refreshment stands; express, cartage and trucking facilities; large item machinery or bulk sales and storage not including outdoor, unfenced storage. (1999 Code § 5.23)

   A.   C-1 District: In the C-1 general retail district, no building shall exceed two (2) stories or thirty feet (30'), whichever is less.

   B.   C-2 District: In the C-2 service retail district, no building shall exceed three (3) stories or forty feet (40'), whichever is less. (1999 Code § 5.24; amd. 2005 Code)

All buildings to be constructed, altered or moved in the commercial districts shall meet the following minimum requirements:

   A.   C-1 District: Yards required in the C-1 general retail district are as follows:

      1.   Front Yard: Thirty five foot (35') minimum yard required in addition to a ten foot (10') wide parkway.

      2.   Side Yard: No minimum yard required, except lots adjoining a residential district shall provide a side yard on that adjoining side equal to that required in the adjoining residence district.

      3.   Rear Yard: Twenty feet (20').

   B.   C-2 District: Yards required in the C-2 service retail district, are as follows:

      1.   Front yard: Twenty five feet (25') in addition to a ten foot (10') wide parkway.

      2.   Side yard: Ten feet (10').

      3.   Rear yard: Twenty feet (20'). (1999 Code § 5.25)

There shall be provided in the C-1 and C-2 commercial districts off street parking and loading in accordance with chapter 12 of this title. (Ord. 2004-19, 8-10-2004)

   A.   I-1 District: The purpose of the I-1 light industrial district is to provide for commercial uses, storage and those manufacturing uses not normally creating a nuisance discernible beyond its property.

   B.   I-2 District: The purpose of the I-2 heavy industrial district is to provide for industrial uses not allowed in any other district; provided, that within the I-2 district, uses of a hazardous nature or those producing extensive smoke or odor shall not be located so that the general hazard or nuisance affects a large segment of the community. (1999 Code § 5.27)

   A.   Permitted Uses: The following are permitted uses in the I-1 district:

      Any use permitted in the C-1 and C-2 commercial districts except residential uses (subsections 9-7-2A and 9-7-3A of this title).

      Manufacturing: manufacture or processing of small items, including gloves, footwear, bathing caps, shoes, boots, boxes and cartons, hardware, toys, electric batteries, motors, generators, appliances and other electrical devices; textiles products manufacture; food manufacture or processing, including hatcheries, canning, freezing, storage and bottling.

      Other manufacturing uses of a light nature, free from any objectionable odors, fumes, dirt, vibration or noise detectable at the lot line. Such uses shall not be established without an application for a permit which shall be accompanied by a certification by a registered engineer or architect indicating that every reasonable provision will be taken to eliminate or minimize gas fumes, odors, dirt, vibration or noise. In the event of the denial of such permit, an applicant shall have a right of appeal to the board of appeals in accordance with section 9-3A-4 of this title.

      Warehousing and storage: indoor and outdoor storage of goods and materials, including warehousing, pole yards, building material storage and trucking storage. (1999 Code § 5.28; amd. 2005 Code)

   B.   Special Uses: The following are special uses in the I-1 district:

      Airport or aircraft landing fields.

      Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings necessary for operation, but not including business colleges or trade schools.

      Governmental buildings and facilities, including public libraries.

      Public service uses, including filtration plants, pumping stations and water reservoirs, sewage treatment plants, police and fire stations, telephone exchanges, electric substations and other similar public service uses.

      Radio and television stations and towers.

      Railroad right of way and trackage, but not including reclassification yards, terminal facilities or maintenance facilities.

      Rest homes, nursing homes, hospitals, clinics and sanitariums. (1999 Code § 5.29)

   A.   Permitted Uses: The following are permitted uses in the I-2 district:

      All uses not otherwise prohibited by law except residential uses; provided, however, that the uses in subsection B of this section will be permitted as special uses in the I-2 district when authorized by the village board after public hearing and recommendation by the planning commission. (1999 Code § 5.30)

   B.   Special Uses: The following are special uses in the I-2 district:

      Adult uses.

      Airports or aircraft landing fields.

      Bag cleaning.

      Boiler and tank works.

      Central mixing plant for cement, mortar, plaster or paving materials.

      Coke oven, curing, tanning and storage of rawhides and skins.

      Distillation of bones, coal, wood or tar.

      Fat rendering.

      Forge plant.

      Foundry or metal fabrication plant.

      Gasoline or oil storage aboveground in excess of five hundred (500) gallons.

      Manufacture of acetylene, acid, alcohol or alcoholic beverages, ammonia, bleaching powder, chemicals, brick, pottery, terra cotta or tile, candles, disinfectants, dyestuffs, fertilizers, linseed oil, paint, oil, turpentine, varnish, soap or tar products.

      Public service uses, including filtration plants, pumping stations and water reservoirs, sewage treatment plants, police and fire stations, telephone exchanges, electric substations and other similar public service uses.

      Radio and television stations and towers.

      Railroad right of way and trackage, but not including reclassification yards, terminal facilities or maintenance facilities.

      Salvage and wrecking operations, if located not less than two hundred feet (200') from any residence district, provided all operations are conducted within an area enclosed on all sides with a tight painted privacy fence not less than eight feet (8') high, and provided, that such operation shall not be visible from the nearest street or highway, and provided further, that cars may not be stacked so that they are visible above the top of the fence.

      Slaughterhouse or stockyards.

      Smelting plant.

      Any use which, in the opinion, of the planning commission, would emit detrimental or obnoxious noise, vibrations, smoke, odors, dust or other objectionable conditions beyond the confines of its property. The planning commission shall recommend village board approval if it determines that the proposed use will not extend its detrimental or obnoxious effects beyond the limits of the heavy industrial district in which it is located. Such special uses shall be subject to any requirements the planning commission or board of trustees believes are necessary to protect the public health, safety and welfare. (1999 Code § 5.31; amd. 2005 Code)

Each use to be established in the I-1 or I-2 district shall provide a minimum lot area of five thousand (5,000) square feet and a minimum lot width of fifty feet (50'). (1999 Code § 5.32)

No building in the I-1 or I-2 district shall exceed fifty feet (50') in height except for grain elevators. (1999 Code § 5.33; amd. Ord. 2024-04, 6-11-2024)

All structures to be constructed, altered or moved in the I-1 and I-2 districts shall provide yards of the following minimum depths:

   A.   Front Yard: Twenty five feet (25').

   B.   Side Yard: Unless otherwise stated, ten feet (10'), except where a side yard abuts a residential district, in which case, a side yard of twenty five feet (25') shall be provided.

   C.   Rear Yard: Twenty five feet (25'). (1999 Code § 5.34)

There shall be provided in the I-1 and I-2 districts adequate off street parking and loading in accordance with chapter 12 of this title. (Ord. 2004-19, 8-10-2004)

The development and execution of zoning regulations is based upon the division of the village into districts in which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized by the village that new types, procedures and relationships in land development are emerging and that the mixing of uses and variations in bulk regulations within districts can produce very satisfactory, desirable and lasting results, if properly designed and planned, without adverse influence upon surrounding property. The following standards are established to provide flexibility, to encourage sound and imaginative design, and to guard against the use of the planned development technique solely as a means to intensify the use of land. (Ord. 2004-10, 6-8-2004)

The planned development is intended to encourage improved design in the development of land by providing relief from traditional zoning requirements which are designed for conventional development but which may cause undue hardship or complication for desirable but unconventional development, and to establish standards and procedures for a planned development in order to obtain the following objectives:

   A.   Environmental design in the development of land that is of a higher quality than is normally possible through the strict application of general zoning requirements.

   B.   Diversification in the use permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive, unified projects.

   C.   Provision for functional and beneficial use of open space.

   D.   Preservation, to the greatest extent possible, of the archeological and historic resources and natural landscape features and amenities of a development site and to utilize such features in a harmonious fashion in the development.

   E.   Provision for a safe and desirable environment characterized by a sensitive and unified building and site development program.

   F.   Rational and economic development in relation to public services.

   G.   Creation of a variety of uses, in compatible arrangements, to provide a greater choice of living, employment and shopping environments.

   H.   Efficient use of land resulting in more economic networks of utilities, streets and other facilities.

   I.   Coordination of architectural styles, building forms and relationships, graphics and other private improvements. (Ord. 2004-10, 6-8-2004)

   A.   Except as modified by and approved in the ordinance approving a final development plan, a planned development shall be governed by the regulations of the district or districts in which the said planned development is located.

   B.   The ordinance approving the final development plan for the planned development may provide for such exceptions from the district regulations governing use, density, area, bulk, parking and signs, and the subdivision design standards as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this chapter. No modifications of district requirements or subdivision design standards may be allowed when such proposed modification would result in:

      1.   Inconvenient or unsafe access to the planned development;

      2.   Traffic congestion in the streets which adjoin the planned development;

      3.   An undue or disproportionate burden on public parks, recreational areas, fire and police protection, schools, and other public facilities which serve or are proposed to serve the planned development;

      4.   A development which will be incompatible with the purpose of this title and the goals and objectives of the Waterman comprehensive plan;

      5.   Alteration, destruction, or diminution of natural landscape features such as floodplains, wetlands, fens, woodlands, prairie, rock outcroppings, seeps, springs, or steep slopes; and

      6.   Alteration or destruction of archeological and historic features.

   C.   The planning commission may recommend to the village board and the village board may grant a planned unit development which modifies the applicable district zoning regulations and subdivision regulations upon a written finding by the planning commission that the planned development meets the applicable objectives and standards and criteria contained in this chapter. Such written finding shall set out the reasons supporting each finding and shall support each of the following standards and the applicable provisions of this chapter. (Ord. 2004-10, 6-8-2004)

No planned development shall be authorized by the village board unless the planning commission shall find evidence establishing that:

   A.   The proposed development will not injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the Waterman comprehensive plan.

   B.   The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant.

   C.   The entire tract or parcel of land to be occupied by the proposed development shall be held in a single ownership, or if there are two (2) or more owners, the application for such proposed development shall be filed jointly by all such owners.

   D.   The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk and location of buildings, uses and structures and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the village. Such covenants, easements and other provisions, when part of the approved final development, may be modified, removed or released only with the consent of the village board after a public hearing before, and recommendation by, the planning commission as provided in this chapter.

   E.   Sanitary sewers, storm sewers and water supply to service the development are adequate to serve the proposed development and will not reduce existing capacity below that necessary to serve existing developments, or overload local facilities beyond design capacity.

   F.   The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities is compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or accessways is landscaped or otherwise improved.

   G.   The project area is adaptable to unified development and shall have within or through the area no physical features that will tend to destroy the neighborhood or community cohesiveness. There is no minimum project area for planned development.

   H.   The uses permitted in the development are necessary or desirable, and the need for such uses is clearly demonstrated by the applicant.

   I.   The dominant land use of the proposed planned development is consistent with the recommendations of the Waterman comprehensive plan for the area containing the project.

   J.   Any modifications of the standards and specifications of this chapter or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the public general welfare.

   K.   Exceptional landscaping features such as larger caliper, varied species and reduced spacing of trees and additional sodding above the minimum requirements specified in the subdivision code 1 .

   L.   All proposed streets and driveways are adequate to serve the residents, occupants, visitors or other anticipated traffic of the planned development. Entrance points or locations of streets and driveways upon previously existing public roadways shall be subject to the approval of the village and, if applicable, Clinton Township, the DeKalb County highway department, and the Illinois department of transportation. If traffic control devices are required to prevent or relieve hazards or congestion on adjacent streets and the proposed control device is not within the normal or scheduled sequence of installations, the village board may require, as a condition of approval of a proposed planned development, such devices to be provided at the developer's cost.

   M.   Off street parking is conveniently accessible to all dwelling units and other uses in the planned development. Where appropriate, common driveways, parking areas, walks, and steps to parking and service areas are to be screened through ample use of trees, shrubs, hedges, land forms and walls.

   N.   A pedestrian circulation network is provided.

   O.   The planned development provides for underground installation of utilities (including electricity and telecommunications) in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutter, piping and treatment of turf to handle storm water, prevent erosion and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the village as set forth in this title.

   P.   The proposed planned development satisfies the applicable objectives as provided in this chapter.

   Q.   Existing ponds, creeks, rivers, lakes, wetlands or fens on or adjacent to the planned development are enhanced or protected from development. (Ord. 2004-10, 6-8-2004)

   A.   General Requirements: All planned developments shall be processed and reviewed in four (4) steps, subject to subsection F of this section, leading to approval for recording and construction: preapplication conference, concept development plan, preliminary development plan, and final development plan. Prior to beginning the planned development review process, the applicant is encouraged to obtain from the village a copy of this title, the subdivision regulations (title 10 of this code), and building regulations (title 8 of this code), and application forms. Applications shall be made on forms supplied by the village and shall be made in accordance with the provisions of title 10 of this code, except as specifically provided herein to the contrary.

   B.   Preapplication Conference: Before submitting an application for planned development, the applicant shall confer with the village point team (development team) to informally discuss the proposed planned development to obtain information and guidance before entering into binding commitments or incurring substantial expense.

   C.   Concept Plan:

      1.   Submission; Information Required: An applicant shall submit a concept plan in accordance with the provisions of this title to the village for tentative review and approval prior to incurring the expenses associated with formal site plan submission in order to discover whether the village will accept, or under what circumstances the village will accept, a planned development of the type proposed at the site. The following items shall be required:

         a.   Maps which are part of the concept plan may be in general form and shall contain the proposed land uses, the natural features of the site, the character and approximate density of dwellings, and the approximate location of proposed thoroughfares and water, sewage and drainage systems.

         b.   The written statement shall contain a general explanation of the size and character of the planned development, including a statement of the present ownership of all the land within the planned development and expected schedule of construction.

      2.   Planning Commission Review: The planning commission shall review the concept plan within sixty (60) days after receipt of such plan, and shall prepare a written report containing its recommendations to the village board and the applicant. Approval of the concept plan does not guarantee approval of the preliminary development plan.

      3.   Board Of Trustees Action: The village board shall accept or reject the planning commission recommendation within thirty (30) days following the date of action by the planning commission.

   D.   Preliminary Development Plan:

      1.   Required Information: The preliminary development plan shall contain all items required for a preliminary subdivision plat as enumerated in title 10 of this code 1 . The following additional items shall also be required:

         a.   A plot plan for each building site and planned open area, showing the approximate location of all buildings, structures, and improvements and indicating the open space around the buildings and structures.

         b.   A preliminary drawing indicating the architectural character of all proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail.

         c.   A development schedule indicating:

            (1)   The approximate date when construction of the project can be expected to begin;

            (2)   The stages in which the project will be built and the date when construction of each stage can be expected to begin;

            (3)   The date when the development of each of the stages will be completed;

            (4)   The area and locations of planned open space that will be provided at each stage;

            (5)   Proposed agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities;

            (6)   A list of all departures from the district regulations and the subdivision design standards that will be necessary for the proposed planned development;

            (7)   A statement by the applicant demonstrating how the planned development conforms with the purpose and the standards and criteria of this chapter; and

            (8)   If the planning commission finds that the planned development requires further in depth review, the following information may be required:

               (A)   A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development to and from existing village thoroughfares.

               (B)   A comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.

      2.   Planning Commission Review: The planning commission shall review the preliminary development plan and shall recommend whether it is in substantial compliance with the concept plan and whether it complies with all other standards in this title which were not considered when the concept was approved.

      3.   Hearing: Upon completion of the staff review, the planning commission shall, within ninety (90) days of receiving a preliminary development plan, complete in all respects, hold a public hearing after due public notice and recommend to the village board the approval or denial of the proposed planned development. If the recommendation is to disapprove, the report shall set forth the findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

         a.   In what respects the proposed plan is or is not consistent with the stated purpose of the planned development regulations.

         b.   The extent to which the proposed planned development departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, use and the reasons why such departures are or are not in the public interest.

         c.   The extent to which the proposed planned development meets the requirements and standards set forth in this chapter.

         d.   The physical design of the proposed planned development and the manner in which said design does or does not provide for adequate control over vehicular traffic, provide for and protect designated planned open space and schools, and further the amenities of light and air, recreation and visual enjoyment.

         e.   The planned development's conformity with the recommendations of the Waterman comprehensive plan, particularly the community design principles.

      4.   Board Of Trustees Action: Within ninety (90) days of the planning commission recommendation, the village board shall approve with modifications or disapprove the preliminary development plan.

      5.   Limitations On Approval: No plats shall be recorded and no building permits issued until a final development plan has been approved by the village board.

   E.   Final Development Plan:

      1.   Time For Filing; Required Information: Within one year following the approval of the preliminary development plan, the applicant shall file with the village a final development plan for the first phase of development, containing in final form the information required in the preliminary plan. The final development plan shall also include all items required for a final subdivision plat and final engineering as enumerated in title 10 of this code 2 . In addition, the following items shall be required:

         a.   A final land use plan, suitable for recording with the DeKalb County recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated into planned open area and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

         b.   If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a subdivision plat.

         c.   An accurate legal description of each separate unsubdivided use area, including planned open space.

         d.   Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designated.

         e.   Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities conveyed to a homeowners' association or similar organization.

         f.   Final development and construction schedule.

         g.   Final architectural elevations for all structures and amenities, such as fences and walls, street furniture, and the like.

      2.   Approval Procedure: The final development plan shall be approved as follows: (Ord. 2004-10, 6-8-2004)

         a.   The planning commission shall, within ninety (90) days of receiving a final development plan application, recommend approval if it is in substantial compliance with the preliminary development plan. The planning commission shall certify to the village board that the final development plan is in substantial conformity with the previously filed preliminary development plan and meets all the requirements for a final development plan.

         b.   If the planning commission finds that the final development plan does not substantially conform to the preliminary development plan or that it does not meet the requirements for a final development plan, it shall so notify the applicant and the village board in writing within ninety (90) days of receipt of a completed final development plan. (Ord. 2004-10, 6-8-2004; amd. 2005 Code)

         c.   The village board shall approve the final development plan if it is in substantial conformance with the preliminary development plan and meets all the requirements for a final development plan. It shall pass an appropriate ordinance granting the PUD classification.

   F.   Combined Preliminary And Final Development Plan: The village may consider a combined application for preliminary and final development plan approval. In such instance, the final development plan shall include all of the information required of a preliminary development plan and a final development plan. (Ord. 2004-10, 6-8-2004)

   A.   Permits: The zoning official shall approve the issuance of permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.

   B.   Certificate Of Occupancy: A certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan shall be issued if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances of the village. The village reserves the right to deny approval of an occupancy permit for any building or structure shown on the final development plan of any stage of the planned development if any planned open space or public facilities allocated to that stage of the development have not been conveyed by dedication, deed or other means to the proper authorities. (Ord. 2004-10, 6-8-2004)

   A.   The zoning official shall periodically review all permits issued for the planned development, examine all construction that has taken place on the planned development site, and compare actual development with the approved development schedule.

   B.   If the zoning official shall find that the owners of the property in the planned development area have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which planned open space and public and recreational facilities have been constructed and provided, the zoning official shall notify the planning commission and village board in writing.

   C.   Within thirty (30) days of such notice, the village board shall either revoke the PUD classification, and the land shall revert to its former classification, or for good cause shown by the landowner, the limits of the development schedule shall be extended for a reasonable time. (Ord. 2004-10, 6-8-2004)

No changes may be made to the approved final development plan during the construction of the planned development except upon application to the appropriate agency under the following procedures:

   A.   Minor changes in the location, siting and height of buildings and structures may be authorized by the planning commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the cube of any building or structure by more than ten percent (10%).

   B.   All other changes, in time schedule and in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of planned open space and all other changes in the approved final development plan shall be made by the village board, upon recommendation of the planning commission, under the procedure authorized by this title for approval of the PUD classification.

   C.   Any changes approved shall be recorded as amendments to the recorded copy of the final development plan. (Ord. 2004-10, 6-8-2004)

   A.   Upon completion of the planned development, and as a condition of the village acceptance of the final public improvements, the zoning official shall certify said planned development has been completed in accordance with the approved final development plan.

   B.   After said certification has been issued, the uses of land and construction, modification or alteration of any buildings or structures within the planned development shall be governed by other provisions of this title.

   C.   After said certification has been issued, no changes may be made in the approved final development plan except upon application to the village under the procedures for seeking changes or amendments, special uses and variations with respect to this title. (Ord. 2004-10, 6-8-2004)

If no substantial construction has begun or no use established or no extension is requested in the planned development within the time stated in the approved final development plan and construction schedule, the PUD classification for the planned development shall lapse upon written notice to the applicant from the village board and shall be of no further effect. The land use and development regulations applicable before the PUD classification for planned development was approved shall then be in effect. In its discretion and for good cause, the village board may extend for a reasonable time, not to exceed one year, the period from the beginning of construction or the establishment of a use, provided such extension is requested during the original period. (Ord. 2004-10, 6-8-2004)

The intent of the A-1 district is to maintain active and productive cropland on the perimeter of Waterman and establish mechanisms to permit the development and expansion of the agribusiness industry in the village of Waterman and DeKalb County. This district may be located in any of the six (6) land use themes in the Waterman comprehensive plan future land use map. The map symbol and short name for the agriculture district shall be A-1. (Ord. 2004-19, 8-10-2004)

The following are permitted uses in the A-1 district:

Agriculture.

Conservation area for flora and fauna.

Dwelling unit, farm.

Farm.

Farm buildings.

Farm drainage and irrigation systems.

Grazing and forage.

Nursery.

Private stable.

Roadside stands.

Tree and sod farms. (Ord. 2004-19, 8-10-2004)

The following are special uses in the A-1 district:

Agribusinesses.

Kennels.

Stables, public. (Ord. 2004-19, 8-10-2004)

   A.   Minimum Lot Area: Every dwelling unit hereafter shall be erected on a tract of land defined as a "farm" in section 9-2-1 of this title.

   B.   Yards:

      1.   Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum setback of fifty feet (50') from the right of way of any street.

      2.   Side And Rear Yards: All buildings shall have side and rear yards of not less than twenty feet (20'). No portion of any roof may extend into a required yard. Where a side or rear yard lies adjacent a street, the minimum width of such yard for all buildings shall not be less than that established for front yards. (Ord. 2004-19, 8-10-2004)

Off street parking and loading requirements and setbacks for parking areas, loading areas and access thereto are set forth in chapter 12 of this title. (Ord. 2004-19, 8-10-2004)

Sign regulations are set forth in title 8, chapter 3 of this code. (Ord. 2004-19, 8-10-2004)

The purpose of this chapter is to provide for the regulation and short term maintenance of those nonconforming buildings, structures, uses and lots which substantially and adversely affect the orderly development and taxable value of other conforming property in each district, and to provide for the gradual elimination of nonconforming buildings, structures, and uses to those that conform to the provisions of this title by specifying the circumstances and conditions under which nonconforming buildings, structures, uses and lots shall be permitted with restriction in order to accomplish the objectives of this code without undue burden to any single property owner, in accordance with the authority granted by Illinois Compiled Statutes. (Ord. 2004-05, 4-13-2004)

   A.   Continuance Of Nonconformity: Any nonconforming lot, building, structure or use which was nonconforming on the effective date hereof and which remains nonconforming, and any lot, building, structure or use which shall become nonconforming upon the effective date hereof, or of any subsequent amendments hereto, may be continued, some for specified periods of time, subject to the regulations of this chapter.

   B.   Enlargement Or Expansion: A nonconforming use of a building or structure, or a nonconforming building or structure shall not be added to, enlarged or expanded in any manner that increases the degree of the nonconformity.

   C.   Maintenance And Repair: Normal maintenance and incidental repair or replacement of fencing, nonbearing walls and partitions, fixtures, wiring, plumbing, parking, landscaping and mechanical equipment may be performed on any nonconforming lot, building, structure or use. Nothing in this chapter shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official charged with protecting public safety, and who finds such building or structure is unsafe in its then present condition, and that repair or restoration is not in violation of the provisions of this chapter governing the restoration of partially damaged or destroyed buildings, structures and signs.

   D.   Accessory Uses: No new accessory use added to a lot which is nonconforming or to a lot containing a nonconforming building or structure shall increase the degree of nonconformity of said nonconforming lot or lot containing a nonconforming building or structure.

   E.   Existing Nonconformities: Any nonconforming lot, building, structure or use which existed prior to the effective date hereof which is made lawful and conforming as a result of the provisions of this chapter shall be considered as conforming. (Ord. 2004-05, 4-13-2004)

   A.   Substandard Lots Of Record:

      1.   Application For Variance: When a lot which is an official lot of record at the effective date of this title does not comply with the area, yard or other requirements of this title, an application may be submitted to the board of appeals for a variance from the terms of this title in accordance with section 9-3A-4. Such lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible in the opinion of the board of appeals. (1999 Code § 5.36)

      2.   Continuation Of Substandard Lots Of Record: In any district, notwithstanding the regulations imposed by any other provision of this title, a building which complies with the restrictions in subsection B of this section may be erected on a lot that is not less than fifty feet (50') in width and consisting entirely of one tract of land under single ownership that:

         a.   Has less than the prescribed minimum lot area and/or lot width or depth or all three (3);

         b.   Is shown by a recorded plan or deed to have been owned separately and individually from adjoining tracts of land at the time when the creation of a lot of such size or width at such location would not have been prohibited by this title; and

         c.   Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by this title.

   B.   Yard Requirements: Construction permitted by subsection A2 of this section shall comply with all the regulations (except lot area, lot width and lot depth) applicable in the zoning district in which the lot is located; provided, however, that the following said yard requirements shall apply in place of the side yard requirements otherwise applicable: (Ord. 2004-05, 4-13-2004)

      1.   A building shall be placed on the lot so as to provide a yard on each side of the residential building. (Ord. 2004-05, 4-13-2004; amd. 2005 Code)

      2.   Required side yards of main building shall not be less than ten percent (10%) of the width of the lot, and in no case shall required side yards be less than six feet (6') in width, and in no case shall a residential building be located less than ten feet (10') from a building on an adjoining lot. (Ord. 2004-05, 4-13-2004)

   A.   Alteration: Any nonconforming building or structure may be altered or remodeled; provided, however, that no such alteration or remodeling shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or part of the building or structure; except, that as to buildings or structures located on a lot which does not comply with the applicable lot size requirements, the side yard requirements shall be determined by subsection 9-11-3B of this chapter. Nothing in this chapter shall permit the structural alteration of bearing walls and partitions of a nonconforming building or structure which is devoted in whole or in part to a nonconforming use, except those structural alterations required by law, or except those necessary to make the building or structure, and use thereof, conform to the regulations of the district in which it is located. (Ord. 2004-05, 4-13-2004)

   B.   Restoration: In the event a nonconforming building or structure is destroyed or damaged by fire or other casualty or act of nature, such building may be restored only if the cost of reconstruction to its condition prior to the casualty does not exceed fifty percent (50%) of the replacement cost of the entire building, and provided no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the zoning official of this provision or the date of the casualty destruction, whichever is later, and completed within twenty four (24) months from the date of the casualty. (Ord. 2004-05, 4-13-2004; amd. 2005 Code)

   C.   Relocation: No nonconforming building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of said building is made to conform to all of the regulations of the district in which it is to be relocated.

   D.   Damage Or Destruction: In the event that any nonconforming building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of the building or structure new, such building or structure shall not be restored unless it and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less of the cost of replacement, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion. (Ord. 2004-05, 4-13-2004)

   A.   Change Of Use: A nonconforming use of land or a building shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use of land or a building has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use. For purposes of this chapter, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a conforming use shall have commenced and continued for a period of seven (7) days.

   B.   Alteration: Alterations designed to increase the intensity of a nonconforming use, or to introduce new nonconforming uses, are prohibited.

   C.   Damage Or Destruction: In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of the structure new, such structure shall not be restored unless it and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less of the cost of replacement new, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction is diligently pursued to completion.

   D.   Relocation: No nonconforming use of land or building shall be moved, in whole or in part, any distance whatsoever, to another location on the same lot or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after so moved. (Ord. 2004-05, 4-13-2004)

   E.   Discontinuation Or Abandonment:

      1.   Nonconforming Use Of Land: When a nonconforming use of land, not involving a structure or involving use of land, is discontinued or accessory to the nonconforming use of land, is discontinued or abandoned for a period of thirty (30) consecutive days (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structures shall comply with the regulations of the zoning district in which such land is located. (Ord. 2004-05, 4-13-2004; amd. 2005 Code)

      2.   Nonconforming Use Of Building Or Structure: The abandonment or discontinuation of any nonconforming use of a structure for a period of sixty (60) days, regardless of any reservation of an intent not to abandon or to discontinue such use, shall terminate any rights conferred by this chapter to continue such nonconforming use. Any subsequent use or occupancy of such land or structures shall comply with the regulations of the zoning district in which such land is located.

      3.   Nonconforming Accessory Uses: No use which is accessory to a principal nonconforming use shall continue after such principal nonconforming use shall have ceased or been terminated. (Ord. 2004-05, 4-13-2004)

   A.   Procedures Generally:

      1.   In accordance with authority granted to municipalities for the elimination of nonconforming uses and structures in 65 Illinois Compiled Statutes 5/11-13-1, it is hereby declared to be the policy of the village to eliminate said uses and structures.

      2.   The zoning official shall inventory the nonconforming uses and structures in the village and shall determine the assessed valuation, normal useful life, and years in existence for each. Such inventory and determination shall be kept on file by the zoning official and be a matter of public record.

      3.   The zoning official shall notify in writing the owner of each parcel of land or each structure which has been determined to be nonconforming, at least once every year. Such notice shall contain:

         a.   The normal useful life of the use or structure as determined by the village board of trustees;

         b.   The date on which it was determined the use was commenced; and

         c.   The assessed valuation of the use or structure as determined by the township assessor. (Ord. 2004-05, 4-13-2004)

      4.   Nonconforming structures or uses that are exempted from the requirements found within subsections 9-11-3A2 and B of this chapter. Sections 9-11-4 and 9-11-5 of this chapter and subsection B of this section are also exempted from the procedures contained within this section.

      5.   The following is a check off type of list of the foregoing procedure and is intended to simplify the implementation of this section.

         a.   The zoning official will create an inventory of the nonconforming uses and structures within the village;

         b.   The zoning official will investigate the date in which the nonconforming use and/or structure was believed to have been initiated to determine the years that the nonconforming use and/or structure has been in existence. If this information is not readily available, the zoning official will send a letter requesting the date that the nonconforming use and/or structure was initiated to the property owner(s);

         c.   The zoning official will note the assessed valuation of the nonconforming use or structure as determined by the township assessor;

         d.   After proper notice and an opportunity to be heard has been given to the property owners of each property deemed to be nonconforming, the zoning committee will meet to review and discuss each property that has been found to be nonconforming, and will then make a recommendation to the village board of trustees as to what the zoning committee believes to be the date when the nonconforming use and/or structure began and the normal useful life of each use or structure that has been determined to be nonconforming;

         e.   After proper notice and an opportunity to be heard has been given to the property owners of each property deemed to be nonconforming, the village board of trustees will ultimately decide when the nonconforming use and/or structure began and the normal useful life of each use or structure that has been determined to be nonconforming;

         f.   The zoning official will keep the inventory and the determination of assessed value, normal useful life, and years in existence on file, which will be a matter of public record;

         g.   The zoning official will send a letter, at least once every year, to the property owner of each property found to have a nonconforming use and/or structure, which contains the determination of: the assessed value; the normal useful life; and the years the nonconforming use and/or structure has until its useful life expires;

         h.   Upon expiration of the normal useful life of the nonconforming use and/or structure, notice will be sent to the property owner stating that the useful life of the nonconforming use and/or structure has ended; accordingly, the property must now strictly comply with the zoning requirement(s) for that particular property. (Ord. 2015-02, 2-10-2015)

   B.   Elimination Of Nonconforming Buildings And Structures:

      1.   Elimination Required; Exceptions: Any structure or building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall be removed and its use thereafter cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located at the end of its useful life as determined by the village board of trustees. Nothing in this chapter shall apply to structures used for residential purposes in residential zoning classifications.

      2.   Condemnation Of Nonconforming Buildings And Structures:

         a.   The village, at any time and from time to time, by ordinance duly enacted:

            (1)   May acquire by condemnation any nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming building or structure;

            (2)   May remove or demolish all such nonconforming buildings and structures so acquired;

            (3)   May hold and use any remaining property for public purposes; and

            (4)   May sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this title, or any amendment hereto.

         b.   No such acquisition by condemnation shall be made until such time as the planning commission, at the request of the village board or upon its own initiative, has made a study of the area within which such nonconforming building or structure is located and has filed a written report on such study with the village board.

   C.   Elimination Of Nonconforming Uses Of Land:

      1.   The nonconforming use of land shall cease ten (10) years from the effective date of this title in each of the following cases:

         a.   Where no building or structures are employed in connection with such use;

         b.   Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than two thousand dollars ($2,000.00); or

         c.   Where such use is maintained in connection with a conforming building or structure; except, that inadequate off street parking facilities used in connection with a building, the use of which complies with the requirements of the district in which it is located, may be continued for so long as the premises are used for a permitted use.

      2.   A nonconforming use of land which is accessory to the nonconforming use of building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

      3.   Nothing in this subsection shall require the elimination of a nonconforming use of land for residential purposes. (Ord. 2004-05, 4-13-2004)

Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the manner hereinafter specified, the building and use thereof shall be exempt from the requirements of sections 9-11-2 and 9-11-6 of this chapter:

   A.   In any residential district where a building is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein. (Ord. 2004-05, 4-13-2004)

   B.   In any commercial or industrial district, where the use is less distant from a residential district than that required in the regulations for the district in which it is located.

   C.   In any district where an established building or structure, use or lot is nonconforming with respect to the yard, parking, lot area, lot width, or building height required in the district in which it is located. (Ord. 2004-05, 4-13-2004; amd. 2005 Code)

The effective date of this chapter shall be April 23, 2004. (Ord. 2004-05, 4-13-2004)

The purpose of this chapter 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. (Ord. 2004-19, 8-10-2004)

The off street parking and loading provisions of this title shall apply as follows:

   A.   For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the district in which buildings or uses are located. However, where a permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date, and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.

   B.   When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

   C.   However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurements existing upon the effective date hereof, in which event, parking or loading facilities as required herein shall be provided for the total increase.

   D.   Whenever the existing use of a building or structure shall be changed hereafter to a new use, parking and loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities shall be required only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this title.

   E.   Notwithstanding any other provision of this title, no motor vehicle shall be parked in the required front yard in any residential zoning district unless said vehicle is parked upon a driveway. Said driveway shall be paved as provided for in the definition of "parking space" in section 9-2-1 of this title. For the purpose of this section, a driveway must have an appropriate curb cut if connected to a street. (Ord. 2004-19, 8-10-2004)

   A.   Existing Parking And Loading Facilities: Accessory off street parking or loading facilities which are located on the same lot as the building or use served shall not hereafter be reduced below or, if already less than, shall not further be reduced below the requirements of this title for a similar new building or use.

   B.   Permissive Parking And Loading Facilities: Nothing in this chapter shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings; provided, that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.

   C.   Damage Or Destruction: For any conforming or legally nonconforming building or use which is in existence on the effective date hereof which, subsequent hereto, is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation; except, that when such damage or destruction exceeds fifty percent (50%) of the value of the building or use, sufficient off street parking or loading facilities shall be provided as required by this chapter for equivalent new use or construction. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.

   D.   Computation Of Required Off Street Parking Spaces And Loading Berths: When determination of the number of off street parking spaces and loading berths required by this chapter results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one- half (1/2) shall be counted as one parking space or loading berth. (Ord. 2004-19, 8-10-2004)

   E.   Location In Yards: Off street parking spaces and access thereto in industrial or commercial districts or for nonresidential uses in residential districts may be located in required rear, side or transition yards, except no parking spaces or loading berths may be located within twenty feet (20') of adjacent residential districts. Off street parking spaces in any zoning district shall not be located within ten feet (10') of a front or corner side lot line. (Ord. 2004-19, 8-10-2004; amd. 2005 Code)

   F.   Design And Maintenance:

      1.   Open And Enclosed Parking Spaces And Loading Berths: Accessory parking spaces and loading berths may be open to the sky or enclosed in a building.

      2.   Screening And Landscaping: All open loading areas and all parking areas providing space for five (5) or more vehicles shall be effectively screened in accordance with the landscaping requirements in section 9-12-8 of this chapter.

      3.   Illumination: Lighting used to illuminate off street parking and loading areas shall be directed away from all adjacent property and roadways.

      4.   Signs: Signs for the purpose of assigning parking spaces and loading areas or giving directions thereto may be placed in parking and loading areas.

      5.   Repair And Service: No motor vehicle repair work of any kind shall be permitted in conjunction with accessory open off street parking or loading facilities in any district.

      6.   Gasoline And Oil Sales: The sale of gasoline and motor oil in conjunction with accessory off street parking or loading facilities shall not be permitted in any district.

      7.   Curbing: The perimeter of all loading areas and parking areas providing loading berths for one or more vehicles or parking space for five (5) or more vehicles shall provide vehicular barriers around the perimeter of the loading area and parking area. The vehicular barriers of such loading and parking areas shall be continuous concrete barrier curbing, minimum six inches by eighteen inches (6" x 18").

      8.   Striping: The pavement surface of off street parking and loading areas shall be striped to define each loading berth and parking space. Striping shall be a minimum of four inches (4") in width for the length of each space and shall be painted white or yellow. All areas designated as fire lanes and/or no parking areas shall be painted yellow.

      9.   Circulation And Access: Parking lot driveways on opposite sides of an arterial or collector street shall be either aligned or off set by no less than one hundred fifty feet (150') between the centerlines of each opposing driveway. Parking aisles throughout the parking lot shall align as closely as practical in order to create four-way intersections. Shared driveways and access easements between adjoining lots shall be encouraged to reduce the number of parking lot driveways along public streets. (Ord. 2004-19, 8-10-2004)

In addition to the standards and requirements in section 9-12-3 of this chapter, accessory off street parking facilities shall conform with the following:

   A.   Control Of Off Site Off Street Parking Facilities: When required parking facilities are provided off site, that is on land other than the zoning lot on which the building or use served by such off site facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the off street parking facilities serve until and unless the planning commission has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off site parking facilities will be maintained at all times during the life of the proposed use of the building.

   B.   Use Of Parking Facilities: Off street parking facilities accessory to residential uses and developed in any residential district in accordance with the requirements of this chapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwellings to which such facilities are accessory or by guests of said occupants. Required parking facilities accessory to residential structures shall not be used for the storage of commercial vehicles or the parking of automobiles belonging to employees, owners, tenants, visitors, or customers of business, office or manufacturing establishments. For the purpose of this subsection, "storage" shall mean a vehicle parked on the zoning lot for more than forty eight (48) hours in any seventy two (72) hour period.

   C.   Design And Maintenance:

      1.   Construction And Surfacing: Except as otherwise provided herein, the construction and design of off street parking facilities shall be reviewed by the village engineer to determine:

         a.   That every parking space, including access thereto, shall have an all weather, dustfree surface and shall be so graded and drained as to dispose of surface water accumulation by means of a positive storm water drainage system connected to a public drainageway.

         b.   That parking areas shall be constructed in accordance with a minimum structural number of 2.5 and a minimum surface slope of one percent (1%); provided, that no parking area shall have less than two and one-half inches (2.5") of bituminous surface course.

         c.   That every driveway approach shall comply with the following standards. For the purpose of this section, a "driveway approach" shall mean that portion of the driveway located in the right of way of a street.

            (1)   For residential uses: Six inches (6") of concrete with mesh on six inches (6") of compacted crushed gravel or crushed stone.

            (2)   For nonresidential uses: Six inches (6") of concrete with mesh on eight inches (8") of compacted crushed gravel or crushed stone.

            (3)   For sidewalks at driveway crossings: six inches (6") of concrete with mesh on six inches (6") of compacted crushed gravel or crushed stone.

         d.   Parking spaces and the access thereto for individual single- family, duplex, two-family, and town home dwellings shall not require review by the village engineer but shall be constructed of two and one-half inches (2.5") of bituminous surface over eight inches (8") of gravel or crushed stone or four inches (4") of concrete with a mesh grid over six inches (6") of gravel or crushed stone and be graded so as to dispose of surface water accumulation by means of positive storm water drainage.

      2.   Size: Except for parallel parking spaces and handicap parking spaces, required off street parking space shall be one hundred eighty (180) square feet in area and shall be no less than eighteen feet (18') long with a vertical clearance of seven feet (7'), all exclusive of access drives, aisles, ramps, columns, office or work space; provided, however, that in measuring the length of a parking space, the area safely occupied by a vehicle beyond a curb stop, whether paved or unpaved, shall be included. Each off street parking space parallel to the parking aisle or driveway shall be no less than nine feet (9') wide and twenty three feet (23') in length.

      3.   Access And On Site Circulation: Off street parking areas shall be designed so as to require egress from the zoning lot to the street or alley by forward motion of the vehicle.

         a.   Aisles: Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. Aisle widths shall not be less than the following:

            (1)   Twenty four feet (24') for any aisle designed for two-way traffic;

            (2)   Twenty four feet (24') for each perpendicular parking space;

            (3)   Eighteen feet (18') for each parking space on a sixty degree (60°) angle to the aisle; thirteen feet (13') for each parallel parking space or parking space on a forty five degree (45°) or thirty degree (30°) angle to the aisle; and

            (4)   Twelve feet (12') for each parallel parking space.

         b.   Parking Modules: A "parking module" shall mean a row of parking spaces, a parking aisle, and another row of parking spaces. Parking module widths shall not be less than the following:

            (1)   Sixty one feet (61') for perpendicular parking spaces;

            (2)   Sixty feet (60') for parking spaces on a sixty degree (60°) angle to the aisle;

            (3)   Fifty three feet (53') for parking spaces on a forty five degree (45°) angle from the aisle;

            (4)   Forty nine feet (49') for parking spaces on a thirty degree (30°) angle from the aisle; and

            (5)   Thirty feet (30') for parallel parking modules.

         c.   Driveways: All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement on the public streets.

            (1)   Intersection Setbacks:

               (A)   Driveways located along an arterial road right of way shall not be located less than sixty feet (60') from an intersecting right of way.

               (B)   Driveways located along a collector road right of way shall not be located less than fifty feet (50') from an intersecting right of way.

               (C)   Driveways located along a local street or cul- de-sac right of way shall not be located less than thirty feet (30') from an intersecting right of way.

            (2)   Street Transition: All parking facility driveways which lead to or from a public right of way shall provide a transition space of not less than thirty feet (30') in length from the public right of way to the nearest parking space, an intersecting driveway or parking aisle along said driveway to ensure traffic safety and circulation efficiency.

            (3)   Width: All driveways installed, altered, changed, replaced, or extended after the effective date hereof shall meet the following requirements:

               (A)   No driveway for vehicular ingress and egress shall exceed twenty eight feet (28') in width at the right of way and thirty four feet (34') in width at the roadway in residential districts.

               (B)   No driveway for vehicular ingress and egress shall exceed thirty four feet (34') in width at the right of way and forty four feet (44') in width at the roadway in industrial districts.

   D.   Queuing Spaces: Queuing spaces shall be provided accessory to drive-up service facilities in the number prescribed in section 9-12-5 of this chapter. Queuing spaces shall be located so as to not interfere with parking or pedestrian and vehicular circulation on the zoning lot, or circulation on adjacent public streets. Queuing spaces shall measure ten feet (10') in width and eighteen feet (18') in length. Queuing space shall not occupy the same spaces as parking or aisles thereto.

   E.   Location: The location of off street parking spaces accessory to the use served shall be as follows:

      1.   Uses In Residential Districts: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Parking spaces accessory to uses other than dwellings in a residential district may be located on an adjacent lot or directly across a street or alley from the lot occupied by the use served, but in no case more than three hundred feet (300') from such use.

      2.   Uses In Commercial And Industrial Districts: All required parking spaces shall be not more than five hundred feet (500') from the use served, except for spaces accessory to dwelling units which shall be not more than three hundred feet (300') from the uses served. However, no parking spaces accessory to a use in a commercial or industrial district shall be located in a residential district; except, that private, free, off street parking accessory to and located not more than two hundred feet (200') from such uses and municipal parking lots may be allowed by special use permit in accordance with the standards and procedures provided in chapter 13 of this title.

   F.   Parking Or Storage Of Recreational Vehicles And Trailers In Residential District:

      1.   General Standards:

         a.   For the purpose of this subsection, racing cars/cycles are not considered to be recreational vehicles.

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

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

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

         e.   No recreational vehicle, including attachments and appurtenances, shall be parked within one foot (1') of a public sidewalk.

         f.   The ground under and surrounding where any such recreational vehicle is parked or stored must be kept free of noxious weeds, overgrowth, or debris.

         g.   No recreational vehicle shall be used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential to its immediate use.

         h.   No recreational vehicle shall be connected to gas, water, or sanitary sewer service, except for temporary service connection for battery charging.

         i.   No recreational vehicle may be temporarily occupied for more than fourteen (14) days in any six (6) month period to accommodate visitors. Use of internal cooking and sanitary facilities shall not be permitted.

         j.   Recreational vehicles may be stored in rear yards on a temporary surface, including, but not limited to, gravel, patio blocks, or similar material.

      2.   Parking And Storage Restrictions:

         a.   Not more than two (2) recreational vehicles conforming to the size restrictions stated in subsection F2d of this section may be parked or stored in the open on a lot in a residential district, except as set forth in this subsection.

         b.   Recreational vehicles may be parked or stored in the side yard and rear yard, subject to the standards set forth in this subsection, but not more than one of the side yards of any residential lot may be used for parking or storage of recreational vehicles.

         c.   No recreational vehicle, such as, but not limited to, camping trailers, boat trailers, boats, snowmobiles, snowmobile trailers, all terrain vehicles, camping buses, camping trucks, and house trailers, shall be stored in any front yard or corner side yard in any residential district unless it shall be located on a hard surfaced driveway.

         d.   No trucks, recreational vehicles, or buses which exceed nine feet (9') in height, or twenty feet (20') in length, or eight thousand (8,000) pounds in gross weight shall be stored in a driveway in any front yard or corner side yard in any residential district.

         e.   For the purpose of this subsection, "storage" shall mean a vehicle parked on the zoning lot for more than forty eight (48) hours in any seventy two (72) hour period.

   G.   Handicapped Parking: Any parking area for use by the general public shall provide parking spaces designated and located to accommodate the handicapped in accordance with the international building code, 2000 1 . (Ord. 2004-19, 8-10-2004)

For the following uses, accessory off street parking spaces shall be provided as follows:

   A.   Parking Basis: Parking spaces required for floor area shall be based on the maximum net floor area, herein defined, devoted to such use. Parking spaces required for employees shall be based on the maximum number of employees on duty, or residing, or both, on the premises at any one time. Where garages are provided as accessory to residential properties, spaces in the garage shall be counted toward the required parking spaces.

   B.   Floor Area Exemptions:

      1.   When two (2) or more nonresidential uses are located on the same zoning lot, only one exemption in terms of floor area, as set forth in subsection C of this section, may be permitted.

      2.   If on street parking is provided adjacent to the proposed use, an exemption of one thousand (1,000) square feet shall be applied toward the calculation of required off street parking spaces.

      3.   These off street parking regulations shall not apply to any use of new buildings or structures, or any existing principal building or structure, which is enlarged or increased in capacity in a commercial or industrial zoning district, in whole or in part, within the area bounded as follows:

         Pine Street extended to Adams Street, on the west; Grant Street on the north;

         Maple Street, extended to the Adams Street, on the east; and

         Adams Street on the south including all parcels having frontage on Adams Street.

   C.   Schedule Of Parking Requirements:

 

   D.   Other Uses: For uses not listed in subsection C of this section, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the zoning official. (Ord. 2004-19, 8-10-2004)

   A.   Location:

      1.   Same Lot As Use: All required off street loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two (2) tons' capacity shall be closer than twenty five feet (25') to any property in a residence district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, and not less than six feet (6') in height. No permitted or required portion of a loading berth shall be located within twenty five feet (25') of the nearest point of the intersection of any two (2) streets.

      2.   Yards: Off street loading berths in industrial or commercial districts may be located in required rear, side or transition yards, except no loading berth may be located within twenty feet (20') of adjacent residence districts. No off street loading berth in any zoning district may be located within a required front or corner side yard.

   B.   Size: Unless otherwise specified, a required loading berth shall be at least twelve feet (12') in width, at least seventy feet (70') in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least fourteen feet (14').

   C.   Design And Maintenance:

      1.   Construction And Surfacing: The construction design of all off street loading berths, and access thereto, shall be reviewed by the village engineer to determine that such are constructed in accordance with a minimum structural number of 3.25. A concrete surface shall be required for each loading berth which serves a dock, ramp or elevator.

      2.   Circulation And Access: Off street loading areas shall be so designed as to not require the use of any arterial or collector street for maneuvering space into or out of the loading berth. Adequate space to accommodate the turning radii of trucks and trailers, exclusive of any parking spaces and landscaping, shall be provided.

   D.   Use Of Off Street Loading Facilities: Space allocated to any off street loading berth shall not also be used to satisfy the space requirements for any off street parking facilities or portions thereof.

   E.   Central Loading: Off street loading berths for separate uses, different buildings, structures or uses, or for mixed uses may be provided collectively in any zoning district in which separate loading berths for each constituent use would be required; provided, that the total number of loading berths so located together shall not be less than the sum of the separate requirements for each use. (Ord. 2004-19, 8-10-2004; amd. 2005 Code)

Off street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown in this section. (Ord. 2004-19, 8-10-2004)

   A.   Determination Of Special Loading Requirements: The zoning official shall determine any special exceptions for loading berths other than prescribed for herein. (Ord. 2004-19, 8-10-2004; amd. 2005 Code)

   B.   Loading Berth Basis: Loading berths required for floor areas shall be based upon the maximum net floor area, herein defined, devoted to such use.

   C.   Less Than Minimum Floor Area; Receiving Facilities Required: Uses for which off street loading berths are required, but which are located in buildings of less floor area than the minimum prescribed for such required berth, shall be provided with adequate off street receiving facilities, accessible by a motor vehicle off any abutting street, driveway, or service drive on the same zoning lot. (Ord. 2004-19, 8-10-2004)

   D.   Exemptions: The exemption noted in subsection 9-12-5B3 of this chapter apply to off street loading. No off street loading is required for freestanding buildings that have less than five thousand (5,000) square feet in gross floor area and are located in a commercial or industrial zoning district.

   E.   Schedule Of Loading Requirements: Unless otherwise indicated, in the commercial and industrial zoning districts, the loading requirements shall be based on the floor area of the building(s) as follows: (Ord. 2004-19, 8-10-2004; amd. 2005 Code)

 

 

(Ord. 2004-19, 8-10-2004)

In addition to the general design criteria prescribed in section 9-12-3 of this chapter, the following requirements shall also apply to off street parking:

   A.   Scope: All off street parking lots designed for twenty (20) or more parking spaces shall be landscaped in accordance with the provisions of this section.

   B.   Interior Parking Lot Landscaping: To define circulation within a parking lot and to visually and physically break up long rows of parking spaces, landscape islands are required to be provided within parking lot areas in one or more of the options, as follows:

      1.   Parking Aisle Landscape Islands: A landscaped island shall be provided at the end of each parking row. The island shall be protected by a continuous concrete barrier curb and shall have a minimum width of seven feet (7'), measured back of curb to back of curb, and shall have a depth equal to the adjoining parking space. Each parking aisle landscape island shall contain two (2) shade trees.

      2.   Parking Space Landscape Island: In addition to parking aisle landscape islands, one or more of the following alternatives shall be used to divide each row of parking having twenty (20) spaces or more:

         a.   Full Parking Space Landscape Island: One landscape island protected by a continuous concrete barrier curb and having a minimum width of seven feet (7'), measured back of curb to back of curb, and a depth equal to the adjoining parking space may be provided for each twenty (20) parking spaces in the parking row. Said landscape islands shall be dispersed throughout the parking row. Each said landscape island shall contain one shade tree; or

         b.   Partial Parking Space Landscape Island:

            (1)   One landscape island positioned at the front corner of a parking space, protected by a continuous concrete barrier curb and having minimum dimensions of six and one-half feet (6.5') square, measured back of curb to back of curb, may be provided for each ten (10) parking spaces in the parking row.

            (2)   Said landscape islands shall be dispersed throughout the parking row and shall not be used in parking rows along the perimeter of a parking lot. Each said landscape island shall contain one shade tree; or

         c.   Continuous Parking Row Landscape Island: A continuous landscape island protected by a continuous concrete barrier curb and having a minimum depth of seven feet (7'), measured back of curb to back of curb, may be provided between parking rows. Said landscape island shall not be used in parking rows along the perimeter of a parking lot. Each said landscape island shall contain one shade tree for each twenty (20) parking spaces in the parking row.

      3.   Additional Landscaping Standards: In addition to the shade trees required in this section, each landscape island required herein shall be landscape with an appropriate number and selection of shrubs, flowers, ground covers, sod and mulch. Shrubs planted in a parking lot landscape island shall not exceed a mature height of thirty inches (30") above the adjoining pavement. No tree planted in a parking lot landscape island shall have branches maintained at a height less than six feet (6') above the adjoining pavement.

   C.   Parking Lot Perimeter Landscaping:

      1.   Front And Corner Side Yards:

         a.   Where a parking lot is located in or adjacent to a front or corner side yard in a residential district, continuous landscaping shall be provided across not less than one hundred percent (100%) of the parking lot frontage to a minimum height of three feet (3'). Such landscaping shall consist of any combination of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and/or other live planting material.

         b.   Where a parking lot is located in or adjacent to a front or corner side yard not in a residential district, continuous landscaping shall be provided across not less than sixty percent (60%) of the parking lot frontage to a minimum height of three feet (3'). Such landscaping shall consist of any combination of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and/or other live planting material. Plantings may be placed in clusters containing, at a minimum, seven (7) evergreens and/or shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the frontage of the parking lot. However, when a continuous row of shrubs or hedges is chosen, the entire parking lot frontage shall be screened.

      2.   Rear And Side Yards:

         a.   Where a parking lot is located in a yard adjacent to a residential zoning district, landscaping shall be provided as follows:

            (1)   Screening between the parking lot and the residential property line shall be a minimum of six feet (6') in height.

            (2)   Shade trees shall be provided at the equivalent of one for each fifty (50) lineal feet, or fraction thereof, of parking lot frontage and shall not be planted more than forty feet (40') apart.

            (3)   Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials, shall be provided in a continuous row covering one hundred percent (100%) of the frontage of the parking lot adjacent the residential lot(s).

            (4)   Except where occupied by planting beds, all side and rear yard perimeter landscaping area shall be sodded or seeded.

         b.   Where a parking lot is located in a yard adjacent to a nonresidential property, landscaping shall be provided across not less than fifty percent (50%) of that portion of the parking lot abutting the property line to a minimum height of three feet (3'). Such landscaping shall consist of any combination of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials. Plantings may be placed in clusters, containing not less than seven (7) shrubs per cluster, spaced at intervals of approximately thirty five feet (35') along the property line. (Ord. 2004-19, 8-10-2004)

Because of their unique and potentially harmful characteristics, certain uses set forth in this chapter shall be located in a district or districts only upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses, hereby designated as special uses, fall into two (2) categories:

   A.   Uses either municipally operated, or operated by regulated public utilities, or traditionally affected by a public interest; and

   B.   Uses entirely private in character but of such nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 2004-10, 6-8-2004)

The village board may authorize, by ordinance (special use permit), the establishment, operation or construction of any special use as designated in each of the zoning districts. All of the other applicable provisions of this title, including the requirements and restrictions of the zoning district in which the proposed special use is to be located, shall be applicable to the establishment and maintenance of such special use unless the ordinance authorizing the establishment or construction of the particular special use expressly provides otherwise. Subject to the standards contained in this chapter, the village board shall have authority to permit special uses, as designated in each of the zoning districts, of land or structure, or both, provided the village board shall find that the proposed special use will comply with the standards contained in this chapter. (Ord. 2004-10, 6-8-2004)

A special use permit shall be granted only if evidence is presented to establish that:

   A.   The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;

   B.   The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and

   C.   The proposed structure or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.

   D.   Such other standards and criteria as are established for a particular special use as set forth in section 9-13-4 of this chapter and as applied to planned developments as set forth in chapter 9 of this title. (Ord. 2004-10, 6-8-2004)

In addition to the standards and criteria established in section 9-13-3 of this chapter, no special use permit shall be granted for the use(s) listed in this chapter unless evidence is presented to establish the standards and criteria set forth herein. (Ord. 2004-10, 6-8-2004)

   A.   Special Use Permit Required: No person shall establish, operate, or maintain a medical cannabis dispensary organization or a medical cannabis cultivation center, as said terms are defined by state statute, without first obtaining a special use permit authorized and issued by the village board in accordance with the standards and procedures set forth in this chapter and in accordance with Illinois statute 410 Illinois Compiled Statutes 130. (Ord. 2015-02, 2-10-2015)

   A.   Definitions: As used in this section 9-13-4-2, the following words and terms shall have the meanings set forth in this subsection:

   ADULT BOOKSTORE: An establishment having, as a substantial or significant portion of its sales or stock in trade, books, periodicals, magazines, videotapes, or films for sale, for rental or for viewing on premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas; or an establishment with a segment or section devoted to the rental, sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   ADULT ENTERTAINMENT CABARET: A public or private establishment which:

      1.   Features models, topless dancers, strippers, or male or female impersonators;

      2.   Not infrequently features entertainers who display specified anatomical areas; or

      3.   Features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in or are engaged in explicit simulation of specified sexual activities.

   ADULT MOTION PICTURE THEATER: A building or area used for presenting films, videotapes or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

   ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.

   SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely covered:

         a.   Human genitals or pubic region;

         b.   Human buttock;

         c.   Human female breasts below a point immediately above the top of the areola; and

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in the state of sexual stimulation or arousal;

      2.   Acts of human masturbation, sexual intercourse or sodomy; and

      3.   Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

   B.   Special Use Permit Required: No person shall establish, operate or maintain an adult use without first obtaining a special use permit authorized and issued by the village board in accordance with the standards and procedures set forth in this section.

   C.   Registration Requirements: The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the village clerk:

      1.   The address of the premises;

      2.   The name(s) of the owner(s) of the premises and name(s) of the beneficial owner(s) if the property is in a land trust;

      3.   The addresses of the owner(s) and the beneficial owner(s);

      4.   The name of the business or establishment subject to the provisions of this section 9-13-4-2;

      5.   The name(s) and address(es) of the owner(s), beneficial owner(s) or the holders of ten percent (10%) or more of the issued shares, partnership or member interest, of the business or establishment subject to the provisions of this section 9-13-4-2;

      6.   The date of initiation of the adult use;

      7.   The nature of the adult use; and

      8.   If the premises or building is leased, a copy of said lease must be attached.

   D.   Standards For Granting Adult Use: In addition to the standards set forth in section 9-13-3 of this chapter, no special use permit for an adult use shall be granted by the village board unless the board finds:

      1.   The design and operation of the facility will not adversely affect the public health and safety;

      2.   It will not cause substantial injury to the value of other property in the neighborhood in which it is located;

      3.   It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;

      4.   It will not cause additional public expense for fire or police protection;

      5.   It will not substantially increase the possibility of criminal acts against persons and properties within five hundred feet (500') of such proposed special use or against persons who regularly use such properties; and

      6.   It is located in a zoning district in which adult uses are allowed as a special use and meets the location requirements stated in subsection E of this section.

   E.   Location: Adult uses may be allowed, upon obtaining a special use permit, in the zoning district(s) identified in permitted uses of this title; provided:

      1.   That no adult use shall be located within one thousand feet (1,000') of any property which is zoned or used for residences, churches, parks, schools, or another adult use; and

      2.   That no adult use shall be permitted to operate within three hundred feet (300') of the centerline of Elm Street, and U.S. Route 30 (Lincoln Highway).

   F.   Prohibited Conditions:

      1.   Liquor: No liquor license shall be issued for any adult use, and no liquor shall be sold or consumed on the premises of any adult use.

      2.   Exterior Display: No adult use shall be conducted in any manner that permits the observation of any material depicting or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, or other opening.

   G.   Continuance Of Existing Adult Uses: Any adult use which existed lawfully, but which became nonconforming upon the effective date hereof, may be continued, as follows:

      1.   Upon written notice from the village to the owners or tenants therein that any building, structure, lot or use is nonconforming under the provisions of this title as to adult uses, the owners or tenants therein shall, within two (2) months from the date of such notice, apply to the village for a special use permit for an adult use.

      2.   Failure to apply for a special use permit for an adult use within two (2) months of the notice provided in subsection G1 of this section will require the amortization of the nonconformance within six (6) months of the notice provided for in said subsection G1.

      3.   Nonconformances for which a special use permit for an adult use has been requested shall be discontinued within one year of the notice provided in subsection G1 of this section, unless a special use permit for an adult use is issued by the village board. (Ord. 2004-10, 6-8-2004; amd. Ord. 2015-02, 2-10-2015)

   A.   Issuing Authority: The village board is authorized to issue a special use permit for special uses listed in this title and for planned developments, subject to the standards set forth in this title and such conditions as may be imposed pursuant to subsection D of this section. Prior to the issuance of any special use permit, a public hearing shall be held and published notice shall be given in the manner prescribed in subsections 9-3-4C and D of this title.

   B.   Application For Special Use; Hearing: Any person having a proprietary interest in the premises may file an application for a special use with the zoning official. The application shall be in such number, in such form, and contain such information as the zoning official may prescribe from time to time. The zoning official shall process such application and hearing shall be held in the manner prescribed for amendments by section 9-3-4 of this title.

   C.   Report Of Hearing To Board Of Trustees: Within thirty (30) days following the hearing, the planning commission shall transmit to the village board a written report giving its findings as to compliance of the proposed special use with the standards governing special uses and giving its recommendations for action to be taken by the village board. (Ord. 2004-10, 6-8-2004)

   D.   Conditions And Restrictions: The planning commission may recommend and the village board may impose such conditions or restrictions upon the location, construction, design and operation of a special use, including, but not limited to, provisions for off street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in sections 9-13-3 and 9-13-4 of this chapter. (Ord. 2004-10, 6-8-2004; amd. 2005 Code)

   E.   Board Of Trustees Action: After receiving the recommendations and report of the planning commission, the village board shall, within thirty (30) days, review the recommendations and report and may accept the findings and recommendations of the planning commission in whole or in part or may reject them in whole or in part, or the village board may refer the matter back to the planning commission for further consideration. However, in the event the planning commission recommends against the issuance of a special use permit, then it may be issued only upon the favorable two-thirds (2/3) vote of all of the members of the village board. (Ord. 2004-10, 6-8-2004)

After a public hearing, no application for a special use which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the planning commission and village board. (Ord. 2004-10, 6-8-2004)

If the proposed special use is not established within one year from the date of the authorization by the village board, the authorization shall become null and void, and all rights thereunder shall lapse. Upon written application, the village board may authorize a single extension of the time limit for a period of not more than one year. (Ord. 2004-10, 6-8-2004)