In each zoning district, the following restrictions shall control the use of land and buildings:

   A.   All business activity, service, storage, merchandise, display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building except where specifically provided otherwise. Permitted off street parking lots, off street loading facilities, and open sales lots need not be enclosed.

   B.   Not more than one principal building shall be located on any zoning lot in a residence district.

   C.   Unless otherwise provided in this ordinance, all lots shall front on a public street. (Ord. 92-1855, 12-14-1992)

   A.   Conformance To District Requirements: No structure shall be built nor shall a lot be developed, used, or occupied unless it meets the lot area, lot width, yards, building height, maximum building coverage, gross floor area and storm water management requirements established in the applicable district regulations, except where specifically permitted in this ordinance or by variation to this ordinance. (Ord. 99-2082, 4-26-1999, eff. 8-1-1999)

   B.   Allowable Obstructions: Accessory uses and structures, and projections of the principal structure, may be located in a required yard only as indicated in table 4-1 of this section. In no case shall any obstruction be allowed within three feet (3') of a lot line. (Ord. 92-1855, 12-14-1992)

   Table 4-1

   ALLOWABLE OBSTRUCTIONS

Note: "X" denotes where obstructions are allowed.

(Ord. 02-2194, 1-28-2002)

No person shall plant, construct or maintain upon any land or premises within the village, any hedge, wall, fence, or other structure or object which will interfere with, obstruct the view of or create a safety hazard for any motor vehicle being driven on a public street, whether such obstruction is on private or public property. (Ord. 92-1855, 12-14-1992)

   A.   General Provisions:

      1.   Authorization: All accessory uses and accessory buildings and structures shall conform to the applicable requirements of the development control ordinance and all other applicable regulations set forth in the village code, including, but not limited to, the building code, the electrical code, and the fire prevention code. The provisions of this chapter set forth below establish additional requirements and restrictions for particular accessory uses and structures. Except as otherwise provided in this chapter, no accessory use or structure shall be approved, established, or constructed before the principal use or structure is approved, established, or constructed. (Ord. 01-2171, 6-25-2001)

      2.   Area Limitation: Enclosed accessory uses and structures shall comprise no more than a total of ten percent (10%) of the lot area. In addition, accessory uses, whether within enclosed structures or not, shall comprise not more than thirty five percent (35%) of a required yard of a lot in a residence district. In the case of driveways, not more than twenty percent (20%) of the lot area in a residence district may be devoted to a driveway. In addition, the size of driveway area in the required front or corner side yard shall be no more than one thousand one hundred (1,100) square feet in the A and R-1 districts and not more than six hundred sixty (660) square feet in any other residence district, or forty four percent (44%) of said required yards in any residence district, whichever is greater. In no case shall driveway width in required front or corner side yards exceed twenty two feet (22') with the exception of three (3) car garages which may have a width of thirty three feet (33'). (Ord. 97-2011, 6-16-1997)

      3.   Height Limitation: Except where specifically authorized elsewhere in this ordinance, the height of accessory buildings shall conform to the following:

         a.   In residence districts and the C-1 district the height of accessory buildings or structures shall not exceed fourteen feet (14').

         b.   In all other districts the height of accessory buildings or structures shall not exceed the height of permitted uses, except that accessory structures located on top of buildings such as chimneys, flagpoles, fire towers and utility service poles may extend eighteen feet (18') above the principal building.

      4.   Proximity To Principal Buildings And To Other Accessory Structures:

         a.   In residence districts, detached accessory buildings or structures shall be located no closer than ten feet (10') from the nearest wall of a principal structure and four feet (4') from other accessory structures on the same lot.

         b.   In all other districts, detached accessory buildings or structures shall be located no closer than ten feet (10') from the nearest wall of a principal building or other accessory structure. (Ord. 92-1855, 12-14-1992)

      5.   Accessory Buildings In Required Yards: No accessory buildings or structures, except as otherwise provided in table 4-1 or elsewhere in this ordinance, shall be located in the required front, corner side or interior side yards. No accessory buildings on a corner lot shall project beyond the required front yard or corner side yard line of either street. In the case of reversed corner lots, no accessory building or structure located in the required rear yard shall project beyond the required front yard setback of the adjoining property. Accessory buildings shall not be closer than five feet (5') to an interior side or rear lot line. (Ord. 00-2112, 1-24-2000)

      6.   Occupancy Limitation: No accessory use, building or structure shall be used for habitable space, except as may be allowed under a conditional use permit issued in accordance with this ordinance or as otherwise provided for by this ordinance. (Ord. 01-2171, 6-25-2001)

      7.   Garage Limitation: Only one detached garage shall be permitted on any lot used for a single- or two-family dwelling.

   B.   Vehicle Parking And Storage:

      1.   General Prohibition: The parking and storage of all vehicles, excluding passenger cars but including buses, trailers, trucks and recreational vehicles (including "off road" motorcycles; 3, 4 or more wheeled all terrain vehicles or those running on tracks; and snowmobiles including any of these vehicles on trailers) or boats, including boats on trailers (all of the above, for the purposes of this ordinance shall be referred to as "vehicles"), shall not be allowed in any residential district for longer than four (4) hours except:

         a.   Within an enclosed building which meets the requirements of all applicable ordinances.

         b.   If not within an enclosed building, then in the rear yard of a residential lot, not closer than three feet (3') to any building or structure or lot line.

         c.   For delivery vehicles engaged in loading or unloading or vehicles parked in connection with use in current work being done on adjoining premises.

      2.   Parking And Storage Restrictions: Notwithstanding any other provision of this ordinance, the following restrictions shall apply:

         a.   Restrictions Based On Vehicle Size:

            (1)   No vehicle in excess of forty feet (40') in length or more than ten feet (10') in road clearance height shall be stored or parked within the village except for such temporary parking as provided within section 7-7-3 of the municipal code.

            (2)   Vehicles in excess of twenty five feet (25') in length but not more than forty feet (40') in length or more than ten feet (10') in road clearance height may be stored or parked within the village if such vehicles are stored or parked within an enclosed building which meets the requirements of all other applicable regulations.

            (3)   Vehicles with the length of less than twenty five feet (25') and not more than ten feet (10') in road clearance height may be stored or parked outdoors within the village pursuant to the restrictions set forth in this ordinance and all other applicable regulations.

         b.   Vehicles Used For Human Habitation: No stored or parked vehicle shall be occupied or used for human habitation.

         c.   Disrepair Of Vehicle: No vehicle which is in a state of externally visible disrepair or partial construction shall be stored or parked outdoors in a residential zone, but shall be stored or parked only within an enclosed building meeting the requirements of all applicable regulations.

         d.   Recreational Vehicles: A recreational vehicle may be temporarily parked or stored in a side yard driveway or front yard driveway of a residence for no more than forty eight (48) hours and then only for the express purpose of loading, unloading or housekeeping tasks related to embarking or returning from a trip.

         e.   Outdoor Storage; Certain Vehicles Restricted: No more than one of the following may be stored or parked outdoors on any lot in a residential zone: a recreation vehicle; a boat (including its trailer) if the boat is mounted thereon; or two (2) snowmobiles, motorcycles, or ATVs if both are mounted on one trailer. In no case shall more than one such trailer be allowed.

         f.   Grant Of Temporary Waiver: Upon prior written request of a resident, the village manager, or his designated representative, may grant a temporary waiver of these parking restrictions for a period of time not to exceed seven (7) days. (Ord. 92-1855, 12-14-1992)

      3.   Temporary Use Of Trailer For Office: Where any trailer, camper or mobile home is being used temporarily as an office during the construction of any building or buildings or other major construction projects within the village, an application must be filed with the department of code enforcement designating the length of time such structure is to be used for construction purposes. Upon such application being filed, the department of code enforcement may issue a temporary license permitting the parking of such trailer, camper or mobile home for the period of construction. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      4.   Violations And Enforcement:

         a.   Any person using, occupying, storing or parking any truck, bus, trailer, recreational vehicle or boat contrary to the provision herein is guilty of a misdemeanor.

         b.   Any recreational vehicle, boat, truck, bus or trailer which is occupied, used, stored or parked contrary to the provisions herein is hereby declared to be a public nuisance. (Ord. 92-1855, 12-14-1992)

         c.   It shall be the duty of the village manager, department of law enforcement services and department of code enforcement to enforce these provisions. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      5.   Penalty: Any person violating any of the provisions of this chapter shall be fined not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00) for each offense. Each day such violation shall continue shall constitute a separate offense. (Ord. 92-1855, 12-14-1992)

   C.   Antenna Structures, Earth Satellite Stations, And Digital Satellite Stations:

      1.   Purpose And Intent: It is the intent of this subsection to provide rules and regulations for the size, placement, number and screening of antenna structures, earth satellite stations, and digital satellite stations within the village.

It is the intent of this subsection to permit the installation of antenna structures, earth satellite stations, and digital satellite stations without creating adverse economic, aesthetic and safety impacts and to promote the health, safety and general welfare of the village, while not interfering with the transmitting or reception function of these structures or stations.

      2.   Permit:

         a.   Accessory Structure: Antenna structures, earth satellite stations, and digital satellite stations shall be permitted in any zoning district as an accessory structure, subject to the provisions contained in this subsection.

         b.   Permit Required: All antenna structures, earth satellite stations, and digital satellite stations shall be subject to the provisions of this subsection, and shall require a building permit except:

            (1)   Antenna structures that are attached to a building, and which do not extend more than five feet (5') above the highest point of the building to which the antenna is attached.

            (2)   Those antenna structures operated by Municipal safety agencies.

         c.   Application For Permit: When a permit is required, plans and other information for installation of an antenna structure, an earth satellite station, or a digital satellite station shall accompany each application for a permit, and shall include:

            (1)   Manufacturer's specifications.

            (2)   Height of the antenna structure or earth satellite station.

            (3)   Diameter, if the structure is an earth satellite station or digital satellite station.

            (4)   Proposed setbacks from adjacent property lines or public rights of way.

            (5)   Foundation and mounting details.

            (6)   Size, type and location of existing and proposed vegetation on the property which influences views of the installation from adjacent property or public rights of way.

            (7)   Location of principal structures on adjacent lots.

            (8)   Method of screening, and materials and colors of the screen, if the antenna structure or earth satellite station will be roof-mounted.

         d.   Approval: Building permits for antenna structures, earth satellite stations, and digital satellite stations shall be issued by the Code Enforcement Department once all applicable requirements of this Ordinance have been met.

         e.   Fee: Fees are as determined in Title 9, Chapter 1, Article A of the Village Code.

      3.   Regulations: Applicants seeking to install an antenna structure, earth satellite station or a digital satellite station in a manner which does not comply with all of the following standards may seek relief through the conditional use process as noted in Section 10-3-14 of this Ordinance.

         a.   Number: The maximum number of antenna structures, earth satellite stations or digital satellite stations permitted for each principal building located in any zoning district shall not exceed two (2), however, only one of the two (2) permitted can be an earth satellite station or a digital satellite station.

         b.   Location:

            (1)   Residential Districts:

               (A)   Antenna structures may be installed on flat roofs or on that portion of a hip, gable or gambrel roof which does not face a public street. The antenna structures shall be located so as to minimize visibility from other properties or public rights of way. Antenna structures that are to be ground-mounted shall be located only in the rear yard of a property according to applicable setbacks and to minimize visibility from other properties and public rights of way.

               (B)   Earth satellite stations shall be ground- mounted, and shall be located only in the rear yard of a property according to applicable setbacks and to minimize visibility from other properties and public rights of way.

               (C)   Digital satellite stations shall be installed only on the rear facade of a building, or that portion of the roof facing the rear yard below the highest portion of the roof in order to minimize visibility from other properties and public rights of way.

Digital satellite stations may be ground-mounted, and shall be located only in the rear yard of a property according to applicable setbacks and to minimize visibility from other properties and public rights of way.

On flat roofs the digital satellite station shall be located to minimize visibility from other properties and the public rights of way.

            (2)   Districts Other Than Residential:

               (A)   Antenna structures, earth satellite stations, and digital satellite stations, may be roof-mounted. Roof-mounted earth satellite stations shall be screened from view from residential properties and public rights of way by the roof structure, parapet wall or a solid surface. The screening material shall be colored to blend with its background, and be compatible with the color of the principle structure on which it is placed. If the roof is flat, an earth satellite station shall be completely screened on all sides.

               (B)   Antenna structures, digital satellite stations, and earth satellite stations may be installed on the ground in a rear yard of a property, according to applicable setbacks and in a location in order to minimize visibility from other properties and public rights of way.

               (C)   Digital satellite stations may be roof-mounted, or installed on any facade which does not face a residential property and public rights of way.

         c.   Landscaping:

            (1)   Ground-mounted antenna structures and earth satellite stations shall be screened to minimize visibility by utilizing the following minimum landscape requirements:

One six foot (6') tall evergreen tree plus a continuous three foot (3') tall hedge, with individual plants placed on four foot (4') centers, facing each adjacent property or public right of way from which the structure is visible.

            (2)   Plant materials to be used for screening shall consist of the following trees and shrubs, unless the Code Enforcement Department approves a different species:

               (A)   Evergreen Trees:

                  (i) White pine.

                  (ii) Austrian pine.

                  (iii) Colorado spruce.

                  (iv) Douglas fir.

               (B)   Shrubs:

                  (i) Arrowwood viburnum.

                  (ii) Winged euonymus.

                  (iii) Peking cotoneaster.

                  (iv) Red twig dogwood.

            (3)   Fencing, walls and berming may be used in conjunction with, but not in lieu of, trees and shrubs to provide required screening.

            (4)   Weather permitting, landscaping, fencing, walls and/or berming shall be installed immediately upon erection of the antenna structure or earth satellite station. In no case shall landscaping, fencing, walls and/or berming be deferred for more than one hundred eighty (180) days due to weather.

         d.   Diameter: For all permitted installations, it is the policy of the Village that the smallest practical size of earth satellite stations shall be utilized. The diameter of earth satellite stations shall not exceed the following:

            (1)   Residential districts:

               Eight feet (8')

            (2)   All other districts:

               Twelve feet (12')

         e.   Height: For all permitted installations, it is the policy of the Village that the lowest practical mounting height shall be used for any earth satellite station or digital satellite station.

            (1)   Ground-mounted earth satellite stations shall not exceed the following overall height:

               (A)   Residential districts:

Ten feet (10')

               (B)   All other districts:

Fifteen feet (15')

            (2)   Ground-mounted digital satellite stations shall not exceed an overall height of five feet (5').

            (3)   All antenna structures, except those referenced in subsection D of this Section, whether roof- or ground-mounted, shall not extend more than twenty feet (20') above the highest point of the building on which they are mounted.

            (4)   Roof-mounted digital satellite stations shall not extend more than five feet (5') above that portion of the roof to which it is mounted, providing it also complies with the location provisions of subsection C3b(1)(C) of this Section.

            (5)   Roof-mounted earth satellite stations shall not exceed a height of fifteen feet (15') above the roof in nonresidential districts.

         f.   Setbacks:

            (1)   Ground-mounted antenna structures, digital satellite stations, and earth satellite stations shall be set back a minimum of ten feet (10') from the rear or interior lot lines, however, an anchor for a guy wire or cable may be located within three feet (3') of the rear or interior lot lines if it is protected to prevent injury.

            (2)   No part of a ground-mounted antenna structure, digital satellite station, or earth satellite station shall be located closer than the principal building or a minimum of fifteen feet (15') to the front of a lot or public right of way.

         g.   Color: Antenna structures, earth satellite stations, and digital satellite stations shall be neutral in color, and to the extent possible, colored to blend with their surroundings and adjacent structures.

         h.   Installation:

            (1)   The installation or modification of antenna structures, earth satellite stations, and digital satellite stations shall be in accordance with applicable requirements of the Village's Building Code and all other applicable codes.

            (2)   Antenna structures, earth satellite stations, and digital satellite stations shall be constructed and installed so as to withstand the forces of wind pressure, snow and ice loads, and other forces, as provided for in the Village's Building Code.

      4.   Conditional Use: In the event the standards of this Section cannot be complied with, the permit applicant may file a petition for a conditional use, following the process described in Section 10-3-14 of this Ordinance. When making a determination, the Village shall utilize the applicable conditional use standards in subsection 10-3-14G of this Ordinance. In addition to these standards, the Village shall ascertain whether the antenna structure, earth satellite station, or digital satellite station will be located so as to minimize its visibility from other properties or the public right of way.

      5.   Fines:

         a.   Any person causing or allowing a violation of the terms and conditions of this subsection shall, upon conviction, be fined not less than fifty dollars ($50.00) for each offense, nor more than five hundred dollars ($500.00). Each day that a violation of a term or condition of this subsection exists shall constitute a separate offense.

         b.   In addition, the Village may pursue such other remedies as shall be appropriate to prevent the violation of this subsection.

      6.   Applicability: This subsection shall not apply to any antenna structure, earth satellite station, or digital satellite station that was erected or which was approved by the Village prior to the effective date hereof 1 adding the amendments to this subsection of the Code herein included, provided, however, that this subsection shall apply if:

         a.   The location of such an antenna structure, earth satellite station, or digital satellite station is changed.

         b.   An antenna structure, earth satellite station, or digital satellite station is increased in size or height.

         c.   An antenna structure, earth satellite station, or digital satellite station is modified or repaired, and the cost of such modification or repair exceeds fifty percent (50%) of its replacement value.

   D.   Amateur Radio Antenna Structures: Any antenna structure having a combined surface area greater than five (5) square feet and having any single dimension exceeding twelve feet (12') that is capable of transmitting as well as receiving signals and whose operator is licensed by the Federal Communications Commission as an amateur radio facility must satisfy each of the following conditions:

      1.   Number Limited: No more than one such antenna structure with a surface area greater than five (5) square feet and any single dimension exceeding twelve feet (12') may be located on any zoning lot.

      2.   Height Limited: No such antenna structure shall, if ground- mounted, exceed seventy five feet (75') in height or, if attached to a building pursuant to subsection D3 below.

      3.   Attachment To Buildings Limited: No such antenna structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

         a.   Height: The antenna structure shall not extend more than twenty feet (20') above the highest point of the building on which it is mounted.

         b.   Mounting: The antenna structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna structure shall not be mounted or attached to the front of any building or to the side of any building facing a public right of way. The antenna structure shall be designed to withstand wind loads in accordance with EIA 222-E.

      4.   Grounding: The antenna structure shall be bonded to a grounding rod.

      5.   Permit: The permit requirements of subsection C of this Section shall apply to amateur radio antenna structures described in this subsection.

      6.   Other Standards: The antenna structure shall satisfy such other design and construction standards as the Code Enforcement Department reasonably determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

      7.   Setbacks:

         a.   Ground-mounted antenna structures shall be set back a minimum of three feet (3') from the rear or interior lot lines.

         b.   No part of a ground-mounted antenna structure shall be located closer than the principal building or a minimum of fifteen feet (15') to the front of a lot or public right of way.

         c.   No such antenna or antenna structure shall be located in any required side yard or nearer than one-half (1/2) the height of the antenna and support structure to any habitable building on any adjacent property.

   RESIDENTIAL DISTRICTS

 

 

   * The maximum number of structures permitted for each principal building located in any zoning district shall not exceed 2.

   NONRESIDENTIAL DISTRICTS

 

 

   * The maximum number of structures permitted for each principal building located in any zoning district shall not exceed 2.

(Ord. 95-1928, 1-23-1995)

   E.   Accessory Storage:

      1.   Enclosed Storage: In residential districts, unless otherwise specified, all storage shall be located within enclosed structures, except firewood and the temporary storage of materials for construction on the premises.

      2.   Outdoor Storage: Outdoor storage and maintenance yards accessory to uses in nonresidential districts which are located on a lot adjacent to a lot in a residence district, or which are visible from a public street shall be fully screened from such lots or streets, as described below:

         a.   A solid fence not more than six feet (6') nor less than four feet (4') in height shall be located along the inside edge of the landscape area.

         b.   A continuous evergreen or dense deciduous shrub hedge extending the entire length of the landscape area shall be planted two and one-half feet (21/2') from the fence described in subsection E2a of this Section. This shrub hedge shall be installed at not less than three feet (3') in height, and in accordance with the provisions of Section 10-4-8 of this Chapter.

         c.   Shade trees not less than three inches (3") in caliper shall be planted not less than twenty four feet (24') on center along a line located seven feet (7') from the fence described in subsection E2a of this Section, and in accordance with the provisions of Section 10-4-8 of this Chapter.

         d.   All surface area not planted with shrubs or trees shall be maintained as a grass lawn. (Ord. 92-1855, 12-14-1992)

         e.   Additional perimeter landscaping around the storage yard may be required by the Department of Code Enforcement, or, in the case of a planned development or other conditional use, by the Village Board.

         f.   Outdoor storage associated with garden centers and temporary uses shall not be subject to the above screening provisions, but shall be subject to screening requirements as deemed appropriate by the Department of Code Enforcement.

   F.   Fences, Walls And Hedges:

      1.   Permit Required: No person shall erect or substantially alter a fence or wall in the Village of Western Springs without having first obtained a permit issued by the Department of Code Enforcement. In the case of fences and walls which are erected on the property of another by a commercial organization or business, it shall be the obligation of that organization or business to obtain the permit. No permit shall be issued by the Village until the Department of Code Enforcement has determined that the proposed fence or wall complies with applicable regulations hereunder and with all other applicable laws and ordinances of the Village. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      2.   General Restrictions And Prohibitions:

         a.   No private fence, wall or hedges shall be erected or planted within the right of way of any public street, highway, parkway or alley. However, in the "A", R-1, R-2 or R-3 Residential District, fences and hedges or other plantings may be constructed or planted up to the edge of the resident's side of any sidewalks. Where no sidewalk exists, plantings may be placed up to the curb of the street but no such planting shall interfere with, obstruct the view of, or create a safety hazard of any motor vehicle being driven, whether on private property or on a public street. All improvements made by residents shall be maintained by the resident and the Village shall have the right to require the removal of any fence or hedge on a public right of way at no cost to the Village.

         b.   No fence or wall shall be maintained or erected if it is constructed with any material which is likely to inflict bodily harm should a person or animal come in contact with the fence or wall. Materials covered by this prohibition include, sharp or ragged metal spikes or spears. Barbed wire may be used only as expressly authorized below.

         c.   No wall which interrupts, impedes or otherwise alters the natural flow of water shall be erected in any residential district.

         d.   No barbed wire or barbed wire fences shall be erected in the "A", R-1, R-2, R-3 or R-4 Residential District.

         e.   All fences and walls shall be erected in conformity with the wind and stress resistance requirements of the building codes, ordinances and laws of the Village.

         f.   All fences shall be erected so that their finished side faces out, and the unfinished side faces the property of the person who has caused said fence to be erected.

         g.   All fences, walls and hedges shall be maintained in good, structurally sound repair, and in neat, clean and attractive condition.

         h.   All hedges shall be planted and maintained so that the hedge will not overhang or interfere with the use of a public way such as a sidewalk, alley or street.

         i.   No person shall plant, construct or maintain upon any land or premises within the Village, any hedge, wall, fence, or other structure or object which will interfere with, obstruct the view of or create a safety hazard for any motor vehicle being driven, whether on private property or on a public street.

         j.   The restrictions applicable to residence districts shall also apply to the "O" Limited Office District in all cases.

      3.   Height Restrictions:

         a.   Fences And Walls:

            (1)   Front Yards: No fence or wall which exceeds forty two inches (42") in height above ground level shall be erected in the front or corner side yards of any residential structure in the "A", R-1, R-2, R-3 and R-4 Residential Districts. (Ord. 92-1855, 12-14-1992)

            (2)   Side And Rear Yards: No fence or wall which exceeds seventy two inches (72") in height above ground level shall be erected in side yards or in rear yards of any residential structure in the A, R1, R2, R3 and R4 residential districts. Fences which are located in side and rear yards which abut business districts may reach height not to exceed ninety six inches (96") above ground level. Fences and walls which are located in the rear yards of reversed corner lots which abut the public right of way and/or the front yard of an adjoining lot shall not exceed forty two inches (42") in height. (Ord. 93-1868, 6-28-1993)

            (3)   Business Districts: No fence which exceeds ninety six inches (96") in height above ground level shall be erected on premises in business districts. The use of barbed wire is prohibited except that the top twelve inches (12") of any fence along the side or rear lot line in these districts may be constructed of barbed wire, provided that such may not be erected on fences fronting on any street, or on any lot line adjacent to or abutting residential property. (Ord. 92-1855, 12-14-1992)

            (4)   Installation: Decorative fence posts or finials may extend up to a maximum of seven inches (7") above the allowable fence height of a particular yard or district. No portion of installed fence sheeting may exceed allowable heights - forty two inches (42"), seventy two inches (72") and ninety six inches (96") respectively. Fence sheeting may be set up to six inches (6") above grade or at the lowest height possible in order to prevent the obstruction of existing drainage flow and/or maintain a level appearance. (Ord. 95-1952, 9-25-1995)

         b.   Hedges, Front Yard: No hedge which exceeds forty two inches (42") in height above ground level shall be planted or maintained in the front or corner side yard of any residential structure in the A, R1, R2, R3 and R4 residential districts.

      4.   Exemptions: Fences, walls and hedges legally in existence at the time of adoption hereof which are not in violation of subsection F2b, F2g or F2i of this section, and which do not present a safety hazard to pedestrian or vehicular traffic, and which do not prevent accessibility by emergency vehicles, but which violate other provisions of this subsection F may continue to be maintained and to exist, but may not be replaced if fifty percent (50%) or more of the fence, wall or hedge is either destroyed or removed if the replacement would continue the existence of a violation of these regulations.

      5.   Nonconforming Fences, Walls And Hedges: Nonconforming fences, walls and hedges not exempted above, shall be subject to repair or removal. If, following inspection by the director of code enforcement, any fence, wall or hedge in said director's determination does not meet the requirements herein, the director shall order the owner or occupier of the premises to make the necessary repairs, improvements or to remove the fence, wall or hedge. A reasonable period of time shall be provided to make the repairs, based upon the nature, extent and cost of such repairs, improvements or removals. Should the aforesaid owner or occupant fail to make the requested repairs, improvements or removal within the time provided, said owner or occupier shall be in violation of these regulations, and the village shall be authorized to undertake the necessary repairs, improvements or removal at the expense of said owner or occupier. (Ord. 92-1855, 12-14-1992)

   G.   Heating, Ventilation, Air Conditioning, Swimming Pool Equipment, And Generators:

      1.   Yard Restrictions: After the effective date hereof, no new heating and ventilation equipment, swimming pool pumping and filtering equipment and air conditioning equipment, other than an individual window unit, shall be located in a required front, interior side or corner side yard.

Existing condenser units currently located in required yards may be replaced in the same location. At the time of replacement, such replacement units located in required yards must comply with the screening requirements contained in subsection G2 of this section.

      2.   Screening Required: Any heating, ventilation, generator, swimming pool pumping and filtering equipment and air conditioning equipment, other than an individual window unit, which can be seen from the street shall be screened to its full height from the view of the street and abutting properties by a solid fence and/or evergreen vegetation.

      3.   Generators:

         a.   Location: On residential lots, generators if not located within the principal structure shall be located in the rear and side yard only. Said generators shall also be anchored to a concrete pad or prefabricated pad at least five feet (5') from any side and rear yard property line. Generator units exceeding three feet (3') in height may only be located in the rear yard and must be fully screened with a solid fence or densely planted evergreens.

         b.   Noise: Generators shall be equipped with critical grade silencers (exhaust systems) and enclosed in a sound attenuating enclosure. Additional sound attenuation devices may be appropriate in order to comply with IEPA noise pollution requirements. Noise emitted from generators shall not exceed seventy (70) decibels when measured at a distance of twenty three feet (23').

         c.   Type Permitted: All new generators shall be fueled by natural gas. Liquid fueled generators and any portable generators shall be operated in accordance with these regulations, but shall not be permanently installed outside or inside a residence in order to be utilized on a permanent basis.

         d.   Size: Generators shall not exceed seven feet (7') in length, four feet (4') in width, and four feet (4') in height.

         e.   Exhaust: Modifications to the manufacturer installed exhaust system are prohibited.

         f.   Regulation Of Generator Testing Times: Automatic testing of generators shall be limited to weekdays between the hours of ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. Manual testing of generators is permitted only between seven thirty o'clock (7:30) A.M. and eight o'clock (8:00) P.M. on Mondays through Fridays, and between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on Saturdays, and between twelve o'clock (12:00) noon and four o'clock (4:00) P.M. on Sundays.

         g.   Color: All generators shall be neutral in color, unless painted to match the primary exterior color of the residence. (Ord. 12-2696, 11-5-2012)

   H.   Outdoor Business Activities; Vending Machines:

      1.   Except as otherwise provided in this ordinance, all business operations shall be conducted within a completely enclosed building, except for the following accessory uses:

         a.   The loading and unloading of vehicles necessary for the transaction of business;

         b.   The maintenance of parking areas for use by employees and customers;

         c.   The display, but not the sale, of plants or flowers in durable containers, or fresh fruits or vegetables, provided that the display is located within fifteen feet (15') of the principal building and is not located on public property or a public right of way, and does not occupy or interfere with the use of required parking spaces and aisles. However, in the case of legally existing garden centers, the outdoor sales of plants and garden supplies, outdoor sales shall be permitted;

         d.   Racks for the orderly display of cans of engine oil may be located on or at the ends of each pump island. Also, two (2) tire racks (not more than 8 feet in length, 6 feet in height and 5 feet in depth) for the purpose of displaying new tire casings shall be permitted for each gasoline or tire service station. Such racks shall comply with all setback and yard requirements. Such racks shall only advertise the product(s) contained thereon. (Ord. 92-1855, 12-14-1992)

      2.   In no event shall a vending machine, except for newspaper dispensing devices, be located outside of the principal building. (Ord. 92-1855, 12-14-1992; amd. Ord. 05-2341, 3-21-2005, eff. 6-1-2005)

   I.   Outdoor Residential Recreational Facilities:

      1.   Permit Required: Outdoor residential recreational facilities shall not be built, installed or modified without first obtaining a building permit. Applications for such permits shall be obtained from the department of code enforcement and shall be issued according to the provisions of this subsection. The plan review deposit and permit fee for such a permit shall be according to the fee schedule set forth in title 9, chapter 1, article A of the village code. The plan review deposit and permit fee shall be used to satisfy the costs and fees associated with the village's consideration of and processing of the application and review of the design plans, including any consultant fees retained by the village (village engineer, village attorney, surveyor, etc.). The applicant remains obligated to pay the balance of the total actual fees and costs incurred by the village whether or not the application is approved.

      2.   Submission Of Plans; Drainage, Lighting, Landscaping And Fencing:

         a.   Submission Of Plans: Design plans for the building, installation or modification of an outdoor residential recreational facility shall be submitted to the department of code enforcement with a completed application form signed by the owner of the lot on which the facility is to be built and the required plan review deposit and permit fee payment. The design plans shall include a topographical plat of survey showing the proposed location of the facility and all related improvements on the lot, the dimensions of the facility, the type, length and height of the landscaping and fencing to be installed at the perimeter of the facility, the specifications and proposed location of the lighting fixtures, the specifications and proposed location of the proposed drainage structures that serve the facility, the direction of the surface water runoff from the facility and any additional, relevant information required by the village engineer. The issuance of a building permit for an outdoor residential recreational facility is subject to a review of the design plans and final approval of said plans by the village's chief code enforcement officer and the village engineer.

         b.   Drainage Requirements: The design plans for an outdoor residential recreational facility shall conform to the requirements of the village's floodplain and storm water management ordinance set forth at section 10-11-1 of this ordinance, as amended.

         c.   Lighting Requirements: Lighting fixtures associated with an outdoor residential recreational facility shall be designed, arranged, installed and operated in accordance with the general illumination standards set forth in the municipal code.

         d.   Landscaping And Fencing Requirements: Outdoor residential recreational facilities accessory to any dwelling located in any single-family residential district shall be buffered and screened by a perimeter landscaped open space that is at least ten feet (10.00') in width, and consisting of a six foot (6.00') high solid fence or wall or a densely planted hedge of not less than six feet (6') in height in combination with other landscaping materials that conform to the landscaping and fencing regulations set forth in section 10-4-9 of this chapter and title 9, chapter 12 of the village code. Such screening shall be provided on all sides of such facility visible from any public or private street or any adjoining property, except for the side that is adjacent to or nearest to the driveway of the applicant.

      3.   General Restrictions And Prohibitions:

         a.   Use: Outdoor residential recreational facilities shall be limited to use by the occupants of the principal single-family residential use and their guests. These facilities shall not be used for commercial or business purposes nor as a game site or a practice site for organized teams or leagues. Outdoor residential recreational facilities shall not be used to store or park motor vehicles, boats or other types of recreational vehicles.

         b.   Location: Outdoor residential recreational facilities are accessory to the principal single-family residential structure on a lot and shall be built only in the allowable buildable area of a rear yard on a lot located in a single-family residential district. These facilities shall not be built or installed within ten feet (10.00') of any lot lines. Any required perimeter landscaping or fencing may be installed within the ten foot (10.00') setback area adjacent to the residential recreational facility, subject to the applicable provisions of the landscaping and fencing regulations set forth in section 10-4-9 of this chapter and title 9, chapter 12 of the village code. No outdoor residential recreational facility shall be built, installed or maintained on an unimproved lot located in a single-family residential district. For purposes of this section, the term "unimproved lot" means a lot that is not improved with a single-family residence. An application for the construction of such a facility on an unimproved lot may be submitted to the village but a building permit shall not be issued until the following two (2) conditions are first satisfied: 1) the unimproved lot must be adjacent to and abut one of the side lot lines of a lot owned by the applicant, which is improved with a principal single-family residential structure, and 2) the applicant must consolidate the unimproved lot into his or her adjacent lot. For purposes of this section, the term "side lot line" does not include the "rear lot line" or the "front lot line" of a lot as those terms are defined in section 10-2-2 of this ordinance. No outdoor residential recreational facility shall be built or installed on a "through lot", or any portion thereof, as that term is defined in section 10-2-2 of this ordinance.

         c.   Lot Coverage: The maximum percentage of total lot coverage for a residential lot that is improved with a principal single-family residential structure, an outdoor residential recreational facility and any other impervious surfaces, as defined in the term “Lot Coverage” at section 10-2-2 (Definitions) of this code. (Ord. 03-2227, 2-24-2003; amd. Ord. 21-3047, 6-28-2021)

   A.   Temporary Uses Permitted: "Temporary uses", as defined in this development control ordinance, shall be permitted in all zoning districts, subject to the restrictions and standards established in this ordinance, provided that any temporary use or structure shall meet the bulk regulations and parking requirements established in this chapter. No temporary use or structure shall continue for such a length of time that it constitutes in effect a permanent use. Recurring temporary uses and structures, where the same temporary use or structure is established on the property on an annual basis or other regularly periodic basis, shall be treated as a conditional use and shall be subject to the regulations established in chapter 3, "Administrative Bodies And Procedures", of this ordinance.

   B.   Compliance With Building, Electrical And Fire Prevention Codes: Notwithstanding any other provision of this ordinance, any tent, trailer, building or structure subject to the requirements of this ordinance and intended or used for human occupancy shall comply with the building, electric and fire prevention codes of the village and shall not be used or occupied until a temporary use permit has been issued by the director of code enforcement.

   C.   Additional Restrictions: Restrictions on temporary uses and/or sales made as part of any temporary uses shall not apply to any use which is conducted entirely on private residential property, operated by the person, company, or organization owning the property, provided that the duration of the temporary use does not exceed forty eight (48) hours and is repeated not more than four (4) times a year.

   D.   Temporary Uses And Structures Subject To Administrative Approval: The following temporary uses and structures are permitted in any zoning district if they meet the requirements of this ordinance and receive a temporary use permit from the chief building official:

      1.   Construction trailers, equipment storage sheds and portable lavatories, provided that:

         a.   The trailer, shed or portable lavatory is an integral part of the construction of an active building development;

         b.   The trailer, shed or portable lavatory is located on the same lot as the building development or an abutting lot;

         c.   The trailer, shed or portable lavatory shall remain on the property no longer than the time of active construction; and

         d.   The trailer, shed or portable lavatory will be located no closer than ten feet (10') from any other property line located within or adjacent to a residential district.

      2.   Portable lavatory for public uses, provided that:

         a.   The portable lavatory is for a specific event and incidental to the public use; and

         b.   The portable lavatory is located on the same lot as the public use; and

         c.   For events having a duration of forty eight (48) hours or less, the portable lavatory must be located no closer than twenty five feet (25') from any other property line located within or adjacent to a residential district.

         d.   For events having a duration in excess of forty eight (48) hours, the portable lavatory must be located no closer than one hundred feet (100') from any other property line located within or adjacent to a residential district.

         e.   In no case shall the portable lavatory remain on the property longer than ninety (90) days and no longer than forty eight (48) hours after the event is over.

         f.   Notwithstanding the general restrictions placed on portable lavatories used by the public, upon request of the Western Springs park district or Lyons township district 204, the department of code enforcement shall have the authority to permit portable lavatories to be placed in the parks or school athletic fields from April 1 to October 31 of each year with such screening as may be reasonably necessary to minimize the visual impact of the portable lavatories. The number of such lavatories shall be determined by the department of code enforcement after consultation with park district or high school officials, but the location of such lavatories shall be consistent with the restrictions on location as set forth in subsection D2d of this section.

      3.   Christmas tree sales lots, provided that:

         a.   The use is located on a lot that fronts a collector or arterial street;

         b.   The use is located on a vacant lot or parking area;

         c.   The trees are located at least fifty feet (50') from any structure on another lot;

         d.   Trees remaining on hand after December 25 shall be removed from the premises no later than December 31 of the same year;

         e.   A refundable cash deposit, in the amount of two hundred fifty dollars ($250.00) is posted with the village in order to assure that the site is properly cleaned after the sale is completed; and

         f.   The use is located in a commercial district.

      4.   Art, craft and book sales.

      5.   Sidewalk sales.

      6.   Vendors' carts and stalls, provided that:

         a.   The cart or stall will not block a driveway or other point of emergency vehicular access to any property;

         b.   The cart or stall will not block a public sidewalk or street;

         c.   The vendor has the express written consent of the owner of the property to place the cart or stall on the property; and

         d.   Where operating on a public right of way or public property, the vendor shall maintain an insurance policy that designates the village as an additional insured party against any liability for personal injuries or property damage.

      7.   Garage sales; occurring four (4) or fewer times per calendar year. (Ord. 01-2167, 5-21-2001)

      8.   Pet chickens and outdoor chicken shelters on residential lots. In order to maintain pet chickens and outdoor chicken shelters, the following regulations shall be followed:

         a.   No person shall keep or harbor any rooster.

         b.   No person shall keep or harbor more than four (4) chickens on any residential lot.

         c.   Chickens shall be kept in a covered outside enclosure or inside a residence or a garage when left unattended. The shelter regulations are described below.

         d.   Chickens shall not be permitted to run at large in the village.

         e.   Chickens may be allowed outside in a fenced rear yard area or other permanently fenced area or temporarily fenced area while in the presence of their owners or keepers.

         f.   There shall be no slaughtering of any poultry outdoors on any residential lot.

         g.   Chicken shelter regulations:

            (1)   An outdoor shelter shall be located only in the rear yard of a lot and no closer than ten feet (10') of either side yard lot line and no closer than five feet (5') from any rear yard lot line.

            (2)   The interior area of any shelter and the rear yard area shall be maintained in a sanitary condition.

            (3)   Outdoor shelters shall be designed to be architecturally compatible with the principal residence or any existing accessory structure or the principal residence's rear yard landscape theme and shall be constructed of quality, durable building materials. Outdoor shelters shall be constructed and maintained to be weatherproof in order to withstand inclement and extreme weather and to be secure from predators. A professional predator protection system approved by the community development department shall be installed on any outdoor shelter.

            (4)   All shelters shall be designed and constructed with adequate ventilation and in a manner that allows them to be easily cleaned.

            (5)   Maximum roof height shall not exceed eight feet (8'). For a pitched roof, the eight foot (8') measurement shall be to the midpoint of the pitched roof. (Ord. 12-2697, 11-5-2012)

   E.   Temporary Uses And Structures Subject To Approval By The Village Board: The following temporary uses and structures, and any other temporary uses and structures not specified in this section, are permitted only upon approval by the village board and based upon the standards set forth below:

      1.   Carnivals, provided that:

         a.   No carnival shall be set up, run, operated or conducted within the limits of the village unless a written permit from the village board has been issued, setting forth the conditions under which such carnival shall be operated. The permit shall be granted upon the condition that there shall not be set up or operated any gambling device, lottery, number or paddle wheel, number board, punchboard, or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality.

         b.   The operator shall comply with the provisions of division 54.1 (carnivals) of the Illinois municipal code 1 , as amended, and the carnival and amusement rides safety act 2 , as amended, as a condition of approval of a village permit to operate a carnival. Division 54.1 (carnivals) of the Illinois municipal code 3 , as amended, and the carnival and amusement rides safety act 4 , are incorporated herein by reference as if fully set forth in this section.

         c.   The general penalty provisions of this ordinance as well as the penalty provisions of division 54.1 (carnivals) of the Illinois municipal code 5 and the carnival and amusement rides safety act 6 shall apply to any violations of this section.

         d.   Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property.

         e.   Trailers and other equipment do not block a public street, alley or sidewalk.

         f.   The operation will be located entirely within the private or public property designated for the event. (Ord. 08-2495, 5-12-2008)

      2.   Vendors' carts and stalls provided that:

         a.   The cart or stall will be located on a lot in the C1 or C2 district;

         b.   The cart or stall will be located between the principal building and a public street;

         c.   The cart or stall will not block a driveway or other point of emergency vehicular access to any property;

         d.   The cart or stall will not block a public sidewalk;

         e.   The vendor has the express written consent of the owner of the property to place the cart or stall on the property; and

         f.   Where operating on a public right of way or public property, the vendor shall maintain an insurance policy that designates the village as the insured party against any liability for personal injuries or property damage.

      3.   Produce and farmers' markets.

      4.   Garage sales; occurring more than four (4) times per calendar year.

      5.   Uses or activities in relation to which a person has filed a petition under this ordinance (section 10-3-11 of this ordinance) for an exemption from any development control code regulation or any village policy or practice, provided that the board of trustees finds that the below criteria have been met. The board of trustees shall issue a temporary use permit if it makes a preliminary finding, based on the information contained in the person's exemption petition and the written recommendation of the chief building official, that the issuance of a temporary use permit is necessary to avoid or resolve any potential violation of the religious based rights afforded to any person under federal or state law caused by the enforcement of such village regulation, policy or practice, provided that no temporary use permit shall be granted if the board determines that: a) the regulation, policy or practice constitutes or furthers a compelling governmental interest in need of protection, and b) the regulation, policy or practice is the least restrictive alternative for achieving the compelling governmental interest. The temporary use permit shall be limited to the land use or activity that is the subject of the exemption petition and shall expire at the time the board issues its decision in relation to the exemption petition. (Ord. 01-2167, 5-21-2001)

   F.   Outdoor Cafes In The Village Center Commercial District And The Community Shopping District:

      1.   Eligibility:

         a.   Outdoor cafes are allowed as temporary uses in the C1 and C2 zoning districts on private property and on public rights of way, provided that the proposed operator secures permission to use the property from the property owner. Proof of such permission (letter, lease, etc.) shall be provided to the director of community development as part of the application.

         b.   The use of public or private sidewalks for outdoor cafes shall only be permitted incidental to the restaurant that operates the outdoor cafe. The outdoor cafe shall be located adjacent to the building that contains the operating restaurant. As part of the approval of an outdoor cafe permit, the village board shall approve the operating rules, location and layout of the outdoor cafe after consideration of the criteria set forth in subsection F2d of this section. The service or consumption of alcoholic beverages within an outdoor cafe is prohibited, unless the village board has created a liquor license for such activity and a liquor license has been issued to the outdoor cafe operator by the local liquor control commissioner.

      2.   Requirements For Outdoor Cafes:

         a.   A completed annual application on a village issued form with a written narrative describing the layout and operation of the outdoor cafe shall be filed by the applicant with the village clerk's office.

         b.   All tables, chairs and other appurtenances shall be removed during the months of December to March or if required by the village at any other time. During cold or inclement weather, an outdoor cafe may be fully or partially enclosed by temporary windblocks, provided that the temporary structure is approved by the village board and once it is constructed, the director of community development confirms that it conforms to the applicable provisions of the village code.

         c.   The operation of an outdoor cafe shall comply with state and village fire and health code regulations, accessibility laws and regulations and all other applicable provisions of federal, state or county law and the village code.

         d.   The outdoor cafe shall not be detrimental to the health, safety or general welfare of persons residing or working near the outdoor cafe. In the approval of a layout for a proposed outdoor cafe that is adjacent to residential property, the village board will give consideration to requiring architectural elements, such as fencing, screening, vegetation or other appropriate structures, that can serve as a buffer to minimize the impact of noise on the adjacent residential property. As part of the renewal application for an outdoor cafe, the village board may reexamine the previously approved operating rules, location or layout and require changes or alterations to the operating rules, location or layout in order to meet the health, safety or general welfare criteria set forth above. No food may be stored, cooked or otherwise prepared in the outdoor cafe. No live entertainment shall be permitted in the outdoor cafe.

         e.   The operation of outdoor cafes shall be permitted only between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. on Sundays through Thursdays, and between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. on Fridays and Saturdays. Prior to the opening time and after the closing times listed above, patrons will not be allowed to occupy an outdoor cafe.

         f.   All outdoor cafe permits shall be subject to review and approval by the village board and such permits may be revoked by action of the village board at any time with thirty (30) days' notice or immediately by the village board or the director of community development in the event of a public health or safety issue.

         g.   If utilizing the public right of way, the applicant must enter into a license agreement with the village or another type of agreement for use of the right of way if another public entity owns the right of way. The village's license agreement requires the applicant to agree to hold harmless and indemnification provisions, and submit to the village evidence of general liability insurance that names the village and its appointed and elected officials, employees, agents, attorneys, engineers and volunteers (village affiliates) as named additional insureds and insuring the village and its affiliates against any liability resulting from the uses permitted by this section. Minimum coverage shall be two million dollars ($2,000,000.00) per occurrence for general liability insurance and the policy shall have no less than an A rating by the most recent "AM Best Insurance Rating Guide". If the outdoor cafe is located on private property, the applicant must still maintain the above insurance coverage, with the village and village affiliates named as additional insureds, and must submit proof of such coverage to the village as part of being eligible to receive a permit.

         h.   In no case shall the operation of an outdoor cafe reduce the open portion of a public sidewalk to less than five feet (5') clear of all obstructions (i.e., street lighting, benches, trees, etc.). The applicant may apply to the village to use the entire width of a private sidewalk to locate the outdoor cafe but in such case an adequate, alternate means of access will have to be demonstrated and dedicated for use in the event a private sidewalk is required for access purposes to a building or structure.

         i.   All maintenance and upkeep of the public right of way and any private property associated with the operation of the outdoor cafe shall be the responsibility of the owner/operator of such cafe (upkeep includes cleanup of tables, chairs, trash, litter and washing of sidewalks and the replacement of damaged public property). The owner/operator shall provide and maintain in a clean and neat manner at least one covered trash receptacle within or adjacent to the outdoor cafe. The covered trash receptacle(s) shall be emptied once full and also each day upon closing of the outdoor cafe.

         j.   The village board reserves the right to impose as part of approval of a permit such other regulations on the operation of an outdoor cafe as are deemed necessary and appropriate under the circumstances.

      3.   Design Criteria:

         a.   All outdoor furnishings shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot.

         b.   Tables to be placed within the public right of way shall not have a surface area greater than nine (9) square feet, shall be easily removable and may not impede safe movement.

         c.   Materials and finishes shall be selected for their durability and wear as well as for their appearance. Proper measures shall be taken to correct damage or decline due to the elements, neglect, or abuse.

         d.   Devices incorporated to separate the outdoor cafe from pedestrian pathways, such as fencing or planters, must conform to the above standards of design.

      4.   Submittal Requirements:

         a.   Completed application form, an application fee of one hundred dollars ($100.00) and a written narrative describing the layout and operation of the outdoor cafe shall be filed by the applicant with the community development department.

         b.   Proof of insurance listing the village and its affiliates as additional insureds.

         c.   A signed license agreement, prepared by the village attorney, containing hold harmless and indemnification provisions.

         d.   Site plan drawn to accurate scale illustrating the location and dimensions (in feet with total square foot area) of the proposed outdoor cafe, including a seating and table plan, facade elevations, pedestrian traffic flow inside and outside the outdoor cafe and proposed planters, fence, borders, awnings, and umbrellas. If the outdoor seating area is proposed to be located on the public right of way, the drawings must also include the location of existing public improvements, including fire hydrants, street signs, streetlights, traffic signals, mailboxes, trees and tree grates, planting boxes or planting areas or other overhead obstructions, or any other public obstruction.

         e.   Catalog cuts and/or photographs of all furniture and other appurtenances to be located within the outdoor cafe.

      5.   Approval Process:

         a.   Initial applications shall be reviewed by the director of community development, and other appropriate departments as necessary, with a staff recommendation forwarded to the village board. Upon receipt of the staff recommendation, the application shall be approved or denied by the village board at a public meeting.

         b.   Applications for permit renewals, provided no or minimal changes are requested, shall be approved by the director of community development, unless the previous operation of the outdoor cafe constituted a nuisance or the operator otherwise refused to comply with the applicable village code provisions. In the event the village board decides that the previously approved operating rules, location or layout require changes or alterations in order to meet the health, safety or general welfare criteria set forth in subsection F2d of this section, the application for permit renewal is subject to approval by the village board.

         c.   An outdoor cafe permit approval shall not be subject to the conditional use process unless some other aspect of the land use requires or has already received a conditional use approval. (Ord. 09-2529, 3-23-2009)

   A.   Permit Required: Except as provided below, no person shall conduct a home occupation, including home daycare, in a residence or on a residential lot without having first received a permit to do so from the department of code enforcement. Typing, writing, operating telephones, sewing machines or computers shall not require any permit, but shall be subject to requirements governing home occupations. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

   B.   General Requirements And Standards: All home occupations shall comply with each and every one of the following standards and requirements:

      1.   The entrepreneur of every home occupation shall reside in the dwelling unit in which the business operates.

      2.   All home occupation use activity conducted at the site of the home occupation shall be conducted entirely within a completely enclosed dwelling unit. Use of garage (detached or attached) or other building or structure accessory to the principal building on the zoning lot for any home occupation is expressly prohibited.

      3.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

      4.   The activity should not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes.

      5.   No toxic, explosive, flammable, radioactive, or other hazardous materials as defined by the BOCA basic fire prevention code as adopted in the building code of the village, shall be used, sold, or stored on the site. However, such materials common to ordinary household use are permitted, provided the quantity of such materials does not exceed that found in ordinary household use.

      6.   There shall be no alteration of the residential appearance of the premises, including the creation of a separate or exclusive business entrance(s) or placement of a sign.

      7.   Not more than one vehicle shall be used in connection with a home occupation use. The home occupation vehicle must be of a type ordinarily used for conventional private passenger transportation, i.e., passenger automobile, or vans and pickup trucks not exceeding a payload capacity of one ton. Further, the home occupation vehicle shall not, pursuant to the Illinois vehicle code, require more than a class B license or be a vehicle included in the definition of a second division vehicle by said code. ("Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo, those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division used and registered as school buses.")

      8.   No visitors in conjunction with the home occupation (clients, patrons, pupils, salespersons, etc.) shall be permitted between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M.

      9.   No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

      10.   There shall be no advertising, signs, display, or other indications of a home occupation in the yard, on the exterior of the dwelling unit or visible from the exterior of the dwelling unit.

      11.   Direct sales and/or rentals of products off display shelves or racks is not permitted.

      12.   The total interior floor area used for the home occupation shall not exceed twenty percent (20%) of the total interior floor area of the dwelling, provided that in no case shall the area of a home occupation exceed six hundred (600) square feet.

      13.   Only one person may be employed on the site in connection with the home occupation who is not an actual resident of the dwelling unit.

      14.   Deliveries from commercial suppliers shall not be made by any vehicle that exceeds a gross weight in pounds for vehicle and maximum load of twenty thousand (20,000) pounds. Deliveries shall not restrict traffic circulation and must occur between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Monday through Friday.

      15.   Visitors in conjunction with the home occupation (clients, pupils, sales persons, etc.) will be limited to no more than ten (10) during the daily permitted period. No more than two (2) visitors may visit at one time.

      16.   More than one home occupation shall be permitted within any individual dwelling unit, provided all other standards and criteria applicable to home occupations are complied with. (Ord. 92-1855, 12-14-1992)

   C.   Procedure For Application And Issuance:

      1.   Application for a home occupation permit shall be made to the department of code enforcement on a form provided by the village. The department of code enforcement will make a decision and notify the applicant in writing within fifteen (15) calendar days of the date the application is received.

      2.   In cases where the department of code enforcement determines that the proposed home occupation will violate any of the provisions of this ordinance, the application will be denied. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      3.   All home occupation permits shall be valid for a period of three (3) years from the initial date of approval unless sooner revoked.

      4.   A home occupation permit issued to one person shall not be transferable to any other person, nor shall that permit be valid at any address or home occupation other than the one appearing on the permit. (Ord. 92-1855, 12-14-1992)

      5.   Home occupation applicants and permit holders shall permit a reasonable inspection of the premises by the department of code enforcement to determine compliance with this ordinance.

   D.   Revocation: The department of code enforcement may revoke a permit upon giving the owner and any interested persons who applied for the use at least ten (10) days' written notice of the grounds for revocation and the opportunity for an appeal before the zoning board of appeals at which time they may present evidence bearing upon the question and cross examination of witnesses. The grounds for which a permit may be revoked are: (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      1.   The owner or interested person applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use or knowingly suffered or caused another to furnish or withhold such information on his or her behalf. (Ord. 92-1855, 12-14-1992)

      2.   The owner, his agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of the development control ordinance or the standards required to obtain the permit, or that the property no longer complies with the standards necessary to obtain a permit; provided, however, that the department of code enforcement shall give at least seven (7) days' prior written notice to the owner of the alleged violation or manner in which the property no longer complies with the standards with the opportunity to correct the problem during said time.

   E.   Appeals: Appeals from any decision of the chief building and code official and/or the department of code enforcement concerning the granting or revocation of a use with administrative approval shall be to the zoning board of appeals. The zoning board of appeals shall apply the foregoing standards and requirements in reviewing a decision of the chief building and code official and/or the department of code enforcement. Filing of an appeal from the decision of the chief building and code official and/or the department of code enforcement to revoke a permit will stay his decision pending the decision of the zoning board of appeals. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

   A.   Purpose And Scope: In order to relieve traffic congestion in the streets, to minimize any detrimental effects of off street parking areas on adjacent properties, and to ensure the proper and uniform development of parking areas throughout the village, off street parking and loading spaces for every use shall be provided in accordance with the standards established in this ordinance. Nothing in this section shall prevent the voluntary establishment of off street parking and loading facilities in excess of the number required by this ordinance, provided that such facilities meet all requirements of this ordinance.

   B.   Required Number Of Off Street Parking Spaces:

      1.   Table 4-2: Except as provided in subsection B2 of this section or elsewhere in this ordinance, each principal and accessory use of land shall be provided with at least the number of off street parking spaces indicated for that use in table 4-2 of this section. When the intensity of use of any structure or lot is increased through a change in use or the addition of dwelling units, gross floor area, seating capacity, or other units of measurement used in table 4-2 of this section, additional parking facilities shall be provided as required for the entire use as increased. When any calculation results in a fraction of a parking space, any fraction up to one-half (1/2) shall be disregarded and any fraction of one-half (1/2) or more shall be considered a whole parking space. (Ord. 92-1855, 12-14-1992)

      2.   Parking Exemption For The C1 District And MXD - Mixed Use Commercial-Residential District: All uses in the C1 - village center and MXD - mixed use commercial-residential districts shall be exempt from providing required parking spaces as established in table 4-2 of this section. However, if parking spaces are provided, they shall conform to all other applicable requirements of this ordinance. Newly constructed buildings (e.g., tear down developments) with dwelling units in the C1 - village center and MXD - mixed use commercial- residential districts shall provide a minimum of one on site parking stall per dwelling unit. (Ord. 15-2786, 2-23-2015)

      3.   Reduction In Parking Requirements For Existing Lots In The C2 District: In order to address parking deficiencies on existing lots in the C2 - community shopping district, the property owner or tenant/occupant (with the owner's consent) may petition the village for one or more elements of parking relief, which may be approved by the village board pursuant to passage of an ordinance after a public hearing is conducted by the village board with at least fifteen (15) days' prior written notice mailed via United States first class mail to all owners of record and taxpayers of record of lots within two hundred fifty feet (250') of the subject lot:

         a.   Provision Of Off Street/Off Site Alternate Parking: The applicant must provide off street/off site alternate parking in close proximity to the lot that eliminates or reduces the parking deficiency. Proof of the right to use the off street/off site alternate parking, such as a parking lot agreement, shall be required.

         b.   Shared Parking Lot Agreement Supported By A Shared Time Parking Report Prepared By A Licensed Professional Engineer: The applicant must provide a shared parking lot agreement that relates to one or more adjacent parking lots and is supported by a shared time parking report demonstrating the overall capacities of the parking lots based on daily peak and low parking usage for the businesses that are served by the parking lots.

         c.   Conformance To Design And Construction Requirements: All parking spaces shall conform to the other applicable design and construction requirements of this ordinance. (Ord. 15-2794, 3-23-2015)

      TABLE 4-2

      SCHEDULE OF PARKING REQUIREMENTS

 

(Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998; Ord. 04-2308, 9-13-2004; Ord. 15-2794, 3-23-2015)

   C.   Location Of Parking Spaces:

      1.   To limit parking in front of single-family dwellings, in the A, R1, R2, and R3 districts parking shall be permitted within front and corner side yards only on driveways not exceeding twenty two feet (22') in width. No more than three (3) vehicles may be parked on driveways within front or corner side yards for more than eight (8) continuous hours. In addition, no right of way area adjacent to the lot may be used for parking.

      2.   Except as provided for below, all required parking spaces shall be located on the same zoning lot as the principal use. In nonresidential districts off site parking may be used to satisfy the parking requirements if such off site parking facility conforms to the following:

         a.   Such facility is within three hundred feet (300') walking distance of said structure or use;

         b.   Such facility is located in a zoning district where such facilities are allowed as a permitted use or conditional use;

         c.   Such facility is on a lot owned by the same party as the lot on which the structure or use to be served is located;

         d.   A covenant running with the land and prohibiting any other use of the lot, naming the village as a beneficiary of the covenant, is recorded in the office of the recorder of deeds or registrar of titles of Cook County for the lot on which the parking facility is located;

         e.   A copy of the recorded covenant, certified by the recorder of deeds or registrar of titles, is filed with the village manager; and

         f.   The covenant required under subsection C2d of this section shall not be released until such time as one of the following conditions occurs: 1) the use served by the required off street parking is terminated and the structure housing that use is removed; 2) the required off street parking is provided on the same lot as that on which the structure or use served is located; or 3) another lot meeting all the requirements set forth in subsection C2d of this section is used to provide the required parking. (Ord. 92-1855, 12-14-1992)

      3.   With the exception of situations where parking is the principal use on a parcel, parking shall not be permitted within front or corner side yards in the C1 district. (Ord. 03-2266, 10-27-2003)

   D.   Size Of Required Parking Spaces And Aisles:

      1.   The minimum size of off street parking spaces shall conform to the requirements established on table 4-3 of this chapter. Parking spaces may be shortened by two feet (2') with the approval of the department of code enforcement to allow for car overhang extending over a landscape area. Such parking spaces must be bounded by a continuous concrete curb which meets village standards. Spaces designated and marked for handicapped parking shall be at least sixteen feet (16') wide. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      2.   Any aisle providing access to required parking spaces shall be at least the width designated in table 4-3 of this chapter, based on the angle of parking provided and whether the aisle serves one or two (2) rows of parking spaces.

      3.   Enclosed parking spaces shall have a vertical clearance of at least seven feet (7'). (Ord. 92-1855, 12-14-1992)

   E.   Design And Maintenance:

      1.   Off street parking facilities may be open to the sky or enclosed in a building, except in the SFA single-family attached district where they must be enclosed. (Ord. 03-2266, 10-27-2003)

      2.   A required off street parking space shall open directly upon an aisle or driveway. All off street parking facilities shall be provided with appropriate means of vehicular access to a public street or alley.

      3.   All open, off street parking areas, excluding driveways for single-family and two-family dwellings, shall be improved with a compacted macadam base not less than six inches (6") thick, or equal, and surfaced with not less than two inches (2") of asphaltic concrete or comparable hard surfaced, all weather, dustless material, as approved by the village engineer.

      4.   For any open, nonresidential off street parking area containing more than four (4) parking spaces, wheel stops of Portland cement concrete curbing not less than six inches (6") in height shall be placed two feet (2') into the required length of the space. (Ord. 92-1855, 12-14-1992)

      5.   Illumination of an off street parking area shall be arranged so as not to reflect direct rays of light into adjacent residential districts and streets so as not to create a nuisance. In no case shall such lighting cause more than one-half (0.5) foot-candle of light to fall on adjacent properties as measured horizontally at the lot line. (Ord. 03-2266, 10-27-2003)

      6.   Required off street parking facilities shall be solely for the parking of automobiles of patrons, occupants or employees. When bus transportation is provided for patrons, occupants or employees of a specific establishment, additional open or enclosed off street parking spaces for each bus to be parked on the premises shall be provided. (Ord. 92-1855, 12-14-1992)

      7.   Except for commercial commuter parking lots used in conjunction with automobile service stations, parking lots shall not be used for the storage of cars not in use in conjunction with the principal use of the lot. In the case of automobile service stations, cars awaiting repair may be stored on site for a period not to exceed thirty (30) days. In no case shall accessory parking be used to store trucks, buses, or construction vehicles/equipment. (Ord. 93-1885, 12-20-1993)

      8.   No motor vehicle repair work of any kind, other than noncommercial repairs or repairs to one's own vehicle, shall be permitted in off street parking areas. Short term emergency road service is permitted.

      9.   Any landscaped area provided in a parking area shall not contain bare soil; any ground area shall be covered with mulch, grass, or other vegetative ground cover.

      10.   All parking lots shall be illuminated as needed to accommodate public safety in relation to the use being served.

   F.   Parking Lot Landscaping And Buffering Requirements: Off street parking areas shall be separated from the street and from abutting properties and landscaped in accordance with the requirements of section 10-4-9 of this chapter.

   G.   Parking Garages And Structures: All parking spaces contained within a multilevel garage, including basement and rooftop parking, are hereby designated as conditional uses in all districts and are subject to the provisions of section 10-3-14 of this ordinance. (Ord. 92-1855, 12-14-1992)

   H.   Commercial Commuter Parking Lots: All commercial commuter parking lots shall comply with the off street parking requirements, including parking lot landscaping and buffering requirements contained in this development control ordinance. (Ord. 93-1885, 12-20-1993)

   Table 4-3

   PARKING SIZE REQUIREMENTS

 

 

 

(Ord. 92-1855, 12-14-1992)

   A.   General Requirements:

      1.   Location And Screening: All required loading berths, including outdoor refuse storage areas, shall be located on the same zoning lot as the use served. All motor vehicle loading berths in a residence district or the O limited office district shall be screened by building walls, or a uniformly painted solid noncombustible fence, wall, or door, or densely planted mature shrubbery or any combination thereof, not less than six feet (6') in height. Loading berths and outdoor refuse storage areas in other districts which abut property in the aforementioned districts or are separated from such districts by a public right of way, shall likewise be screened from view from such abutting property and adjacent public right(s) of way. In all districts, no loading berths shall be located in a required front, corner side or side yard. Loading berths located in a rear yard may be open to the sky. (Ord. 03-2266, 10-27-2003)

      2.   Size: This ordinance provides for two (2) sizes of loading berths, short berths and long berths. The number of loading berths required, whether short or long berths, is identified in table 4-4 of this chapter. The vertical clearance of all berths shall be not less than fifteen feet (15'). The size of short and long loading berths shall conform to the following:

         a.   Short Berths: The size of berths, maneuvering aprons, and access aisles shall be as follows:

            (1)   Berth Size: Short berths shall have a minimum width of twelve feet (12') and a minimum length of thirty feet (30').

            (2)   Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided.

            (3)   Access Aisles: A width of at least twelve feet (12') shall be provided for one-way aisles and twenty two feet (22') for two-way aisles.

         b.   Long Berths: The size of berths, maneuvering aprons and access aisles shall be as follows:

            (1)   Berth Size: Long berths shall have a minimum width of twelve feet (12') and a minimum length of fifty feet (50').

            (2)   Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided.

            (3)   Access Aisles: A width of at least fourteen feet (14') shall be provided for one-way aisles and twenty four feet (24') for two-way aisles.

      3.   Access: Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the code enforcement officer.

      4.   Surfacing: All open off street loading berths shall be paved with asphalt, concrete or other dustless all weather material capable of bearing a live load of two hundred (200) pounds per square foot.

      5.   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district, except that:

         a.   Emergency repair service necessary to start vehicles shall be permitted in all districts; and

         b.   Washing of accessory vehicles shall be permitted in the ORI district.

      6.   Utilization: Space allocated to any off street loading use shall not, while so allocated, be used to satisfy the space requirement for any off street parking facilities or portions thereof.

      7.   Central Loading: Central loading facilities may be substituted for loading berths on individual zoning lots provided the following conditions are fulfilled:

         a.   Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at- grade by means of a ramp or tunnel.

         b.   Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.)

         c.   No zoning lot served shall be more than five hundred feet (500') removed from the central loading area.

         d.   The tunnel or ramp connecting a central loading area with the zoning lot served shall be not less than seven feet (7') in width and have a clearance of not less than seven feet (7').

      8.   Minimum Facilities: Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive, or open space on the same zoning lot.

   B.   Number And Type Of Loading Berths Required: The number and type of loading berths required shall conform to the requirements set forth on Table 4-4, below.

   Table 4-4

   SCHEDULE OF OFF-STREET LOADING REQUIREMENTS

 

*   Berth (Loading Dock) Dimensions:

Short = 10 ft. wide x 35 ft. deep

Long = 12 ft. wide x 50 ft. deep

**   Gross floor areas refer to buildings or structures on premises.

(Ord. 92-1855, 12-14-1992)

   A.   Purpose: The landscaping and screening requirements specified herein are intended to foster aesthetically pleasing development which will protect and preserve the appearance, character, health, safety, and welfare of the community. Specifically, these regulations are intended to increase the compatibility of adjacent uses, and, in doing so, minimize the harmful impact of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted or created by an adjoining or nearby use.

   B.   Enforcement Of Landscape Requirements: Wherever the submission and approval of a landscape plan is required by this Ordinance, such landscape plan shall be an integral part of any application for an occupancy permit. No occupancy permit shall be issued without Village approval of a landscape plan as required herein. Failure to implement the approved landscape plan shall be cause for revocation of the occupancy permit. (Ord. 92-1855, 12-14-1992)

   C.   Landscape Plan:

      1.   Landscape Plan Required: A landscape plan shall be required for all exterior construction and development activity. Such landscape plan shall be drawn in conformance with the requirements specified in this Section. Landscape plans must be approved by the Department of Code Enforcement prior to the issuance of a building permit for exterior construction and development. Landscape plans for planned developments or conditional uses shall also be reviewed and approved by the Plan Commission and Village Board. The construction of detached single-family residences and accessory buildings shall be exempt from this requirement. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      2.   Content Of Landscape Plan: All landscape plans submitted for approval shall contain or have attached thereto the following information: (Ord. 92-1855, 12-14-1992)

         a.   The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights of way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the Department of Code Enforcement. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

         b.   The location, quantity, size and name, both botanical and common names, of all proposed planting materials.

         c.   The location of existing buildings, structures and plant materials on adjacent property within one hundred feet (100') of the site.

         d.   Existing and proposed grading of the site, including proposed berming, indicating contours, at one foot (1') intervals.

         e.   Specification of the type and boundaries of all proposed ground cover.

         f.   Elevations of all fences proposed for location on the site. (Ord. 92-1855, 12-14-1992)

         g.   Elevations, cross-sections and other details as determined necessary by the Department of Code Enforcement. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

   D.   Selection, Installation, And Maintenance Of Plant Materials:

      1.   Selection: Planting materials used in conformance with the provisions of this Section shall be of good quality, of a species normally grown in northeastern Illinois, and capable of withstanding the extremes of individual site microclimates. Size and density of plant material, both at the time of planting and at maturity, are additional criteria which must be considered when selecting plant materials.

      2.   Installation: All landscaping materials shall be installed in accordance with the current planting procedures established by the American Association of Nurserymen.

      3.   Maintenance:

         a.   Responsibility: The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscaping materials and barriers, including refuse disposal areas, as may be required by the provisions of this Section.

         b.   Landscaping Materials: All landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris.

         c.   Fences And Walls: Fences, walls, and other barriers shall be maintained in good repair.

   E.   Design Criteria: Landscape plans described above shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria.

      1.   Scale And Nature Of Landscaping Material: The scale and nature of landscaping materials should be appropriate to the size of the structures. Large scaled buildings, for example, should generally be complemented by larger scaled plants.

      2.   Selection Of Plant Material: Plant material should be selected for its form, texture, color, and concern for its ultimate growth. The use of Silver Maples, Box Elders, Russian Olives, Tree of Heaven, Mulberry Poplars, and other weak wooded species should be avoided.

      3.   Evergreens: Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public rights of way or property zoned for residential use.

      4.   Shade Trees: All shade trees shall have a minimum trunk size of two and one-half inches (21/2") in diameter upon installation, as measured six inches (6") above the established ground level.

      5.   Softening Of Walls And Fences: Plant material should be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.

      6.   Planting Beds: Planting beds should be mulched with bark chips, feather rocks, or similar materials.

      7.   Detention/Retention Basins And Ponds: Detention/retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials.

      8.   Watering Plant Material: A permanent means of watering plant material should be provided. Installation of an automatic underground sprinkling system is recommended.

      9.   Energy Conservation:

         a.   Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun.

         b.   Evergreens and other plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds. (Ord. 92-1855, 12-14-1992)

      10.   Preservation Of Existing Plant Material: Existing plant material should, wherever practical as determined by the Director of Code Enforcement, be incorporated into the landscape treatment of a site.

      11.   Berming: Earthen berms and existing topography should be, whenever determined practical by the Department of Code Enforcement, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

   F.   Right-Of-Way Landscaping:

      1.   Applicability: Where a parcel abuts a dedicated public right of way, landscaping shall be provided in accordance with the provisions of this Section.

      2.   Graded And Sodded: The unpaved portion of a public right of way shall be fine graded and sodded.

      3.   Parkway Trees:

         a.   Quantity: Parkway trees shall be provided at the equivalent of not more than forty feet (40') apart in the right of way adjacent to the parcel. (Ord. 92-1855, 12-14-1992)

         b.   Spacing: Such trees may be clustered or spaced linearly in the right of way as determined appropriate by the Department of Code Enforcement. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

         c.   Size: Parkway trees shall have a minimum trunk size of two and one-half inches (21/2") in diameter, as measured six inches (6") above the established ground level.

         d.   Species: Parkway trees shall be limited to the following species. However, a variety of compatible species from this list should be included in the planting plan for a specific site or development:

            (1)   Linden.

            (2)   Maple (excluding Silver Maple and other similar softwood species).

            (3)   Hackberry.

            (4)   Ginkgo.

            (5)   Oak.

            (6)   Ash.

            (7)   Thornless Honeylocust (cultivars).

            (8)   Callery (Bradford) Pear. (Ord. 92-1855, 12-14-1992)

            (9)   Other species of trees as determined appropriate by the Department of Code Enforcement. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

         e.   Other Landscape Material: No plant material or barriers, except as specified herein, may be located in a dedicated public right of way. (Ord. 92-1855, 12-14-1992)

   G.   Parking Lot Landscaping:

      1.   Applicability: All parking lots shall provide landscaping in accordance with the provisions of this section.

      2.   Interior Parking Lot Landscaping:

         a.   Area Required: In parking lots larger than ten thousand (10,000) square feet in size, not less than five percent (5%) of the interior of a parking lot shall be devoted to landscaping. Landscaping areas located along the perimeter of a parking lot as required in subsections G3 and G4 of this section shall not be included toward satisfying this requirement. In parking lots ten thousand (10,000) square feet or less in size, interior landscaping is not required.

         b.   Landscaped Areas: The landscaped areas defined in subsection G2a of this section, shall be delineated and improved in conformance with the following:

            (1)   Planting Area: Interior parking lot landscaping areas (planting islands) shall be dispersed throughout the parking lot in a design and configuration satisfactory to the department of code enforcement. Corner planting islands at the entrances and dead ends of any parking lot do not count toward satisfying the interior lot requirement. (See figure 4 in appendix C of this ordinance.)

            (2)   Size Of Planting Area: Interior parking lot landscaping areas shall be a minimum of one hundred twenty (120) square feet in area and shall be a minimum of seven feet (7') in width, as measured from back of curb to back of curb.

            (3)   Landscape Material: The plant material used to improve the landscape areas defined above shall conform to the following:

               (A)   Type: The primary plant materials used in parking lots shall be shade tree species in conformance with subsections E2 and E4 of this section. Ornamental trees, shrubbery, hedges, and other plant materials may be used to supplement the shade tree plantings, but shall not be the sole contribution to such landscaping.

               (B)   Quantity: One shade tree shall be provided for every one hundred twenty (120) square feet of landscaping area.

               (C)   Ground Cover: A minimum of fifty percent (50%) of every interior parking lot landscaping area shall be improved with approved ground cover, as determined appropriate by the department of code enforcement. Any area not covered with an approved ground cover shall be mulched.

      3.   Perimeter Parking Lot Landscaping For Lots Greater Than Ten Thousand Square Feet: Where a parking lot is located within a required yard, or within twenty feet (20') of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot in conformance with the following provisions: (See figure 5 in appendix C of this ordinance.)

         a.   Landscape Area: Where perimeter landscaping is required, it shall be provided within landscape areas at least six feet (6') in width, as measured from the back of curb and excluding any parking space overhang area.

         b.   Requirements Along Front And Corner Side Yards:

            (1)   Across From Residential Property: Where a parking lot is located across a dedicated public right of way from property zoned for residential use the following landscape improvements shall be required:

               (A)   Plant Material: Continuous landscaping of evergreen or dense deciduous shrubs shall be provided across one hundred percent (100%) of the street frontage to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). The maximum slope for a berm is eight to one (8:1) (12 percent) for grassed areas and four to one (4:1) (25 percent) for planted areas that do not require mowing. In addition, shade or ornamental trees shall be provided within this landscape area, with the number of trees not less than one tree per fifty feet (50') of frontage with the number of trees required, rounded to the nearest whole number. Additional plantings may be provided, subject to the approval of the department of code enforcement. All landscaping described above shall conform to section 10-4-3 of this chapter.

               (B)   Ground Cover: Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the department of code enforcement.

            (2)   Across From Nonresidential Property: Where a parking lot is located across a dedicated public right of way from property zoned for nonresidential use the following landscape improvements shall be required:

               (A)   Plant Material: Landscaping of evergreen or dense deciduous shrubs shall be provided across at least fifty percent (50%) of the street frontage to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). The maximum slope for a berm is eight to one (8:1) (12 percent) for grassed areas and four to one (4:1) (25 percent) for planted areas that do not require mowing. Additional plantings may be provided, subject to the approval of the department of code enforcement. All landscaping described above shall conform to section 10-4-3 of this chapter.

               (B)   Ground Cover: Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the department of code enforcement.

         c.   Requirements Along Rear And Interior Side Yards:

            (1)   Plant Material: Where a parking lot abuts property zoned for residential use, the requirements of subsections G3a and G3b of this section shall apply. Where a parking lot abuts property zoned for nonresidential use, landscaping shall be provided across at least fifty percent (50%) of that portion of the parking lot abutting the property line to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). The maximum slope for a berm is eight to one (8:1) (12 percent) for grassed areas and four to one (4:1) (25 percent) for planted areas that do not require mowing. Such plantings shall be concentrated into shrub masses, typically containing seven (7) to nine (9) shrubs per shrub mass. Additional plantings may be provided, subject to the approval of the department of code enforcement.

            (2)   Ground Cover: Except where occupied by planting beds, all side and rear yard perimeter parking lot landscaping shall be sodded, seeded or planted with another comparable ground cover, as determined appropriate by the department of code enforcement.

      4.   Perimeter Parking Lot Landscaping For Lots Ten Thousand Square Feet And Smaller: Where a parking lot is located within a required yard, or within twenty feet (20') of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot in conformance with the following provisions: (See figure 6 in appendix C of this ordinance.)

         a.   Landscape Area: Where perimeter landscaping is required, it shall be provided within landscape areas at least three feet (3') in width, as measured from the back of curb.

         b.   Requirements Along Front And Corner Side Yards:

            (1)   Across From Residential Property: Where a parking lot is located across a dedicated public right of way from property zoned for residential use the following landscape improvements shall be required:

               (A)   Three Foot To Six Foot Perimeter Planting Zone: Where the planting zone at the perimeter of the parking lot falls within three feet (3') and six feet (6') in width, the following improvements shall be required: (See figures 7 and 8 in appendix C of this ordinance.)

                  (i) Fence And/Or Wall: A vertical screen of at least four feet (4') in height shall be provided, utilizing a decorative fence or brick wall (or combination thereof) along the entire length of property line. Fence should be placed on the property line to maximize the planting area on the interior of the lot. Owners of property immediately adjacent to the parking lot are entitled to a one time landscape improvement fee of fifteen dollars ($15.00) per linear foot of contiguity along the parking lot to provide appropriate plantings at the base of the fence on the residential side of the property. The fence or wall must be double sided and have no "backside". Fence construction and material to comply with section 10-4-4 of this chapter.

                  (ii) Plant Material: Continuous landscaping of evergreen or dense deciduous shrubs and/or perennials shall be provided across one hundred percent (100%) of the street frontage to a minimum height of four feet (4'). Neither berming nor grass is allowed. Shade or ornamental trees shall be provided within this landscape area, only if the planting zone has a minimum width of five feet (5') such as within a corner planting island in a dead end parking lot. Additional plantings may be provided, subject to the approval of the department of code enforcement. All landscaping described above shall conform to section 10-4-3 of this chapter.

                  (iii) Ground Cover: Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be planted with another comparable ground cover as determined appropriate by the department of code enforcement. No grass shall be allowed.

               (B)   Six Foot Or Wider Perimeter Planting Zone: Where the planting zone at the perimeter of the parking lot exceeds six feet (6') in width, the following improvements shall be allowed in conjunction with compliance with the requirements in the section immediately above:

                  (i) Fence And/Or Wall: The height of the fence may be reduced if berming is provided so that the combined height of fence and berming is not less than four feet (4'). The maximum slope for a berm is eight to one (8:1) (12 percent) for grassed areas and four to one (4:1) (25 percent) for planted areas that do not require mowing.

                  (ii) Plant Material: The height of plant material may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). The maximum slope for a berm is eight to one (8:1) (12 percent) for grassed areas and four to one (4:1) (25 percent) for planted areas that do not require mowing. In addition, shade or ornamental trees shall be provided within this landscape area, with the number of trees not less than one tree per fifty feet (50') of frontage with the number of trees required, rounded to the nearest whole number.

                  (iii) Ground Cover: Nonbermed perimeter landscaping areas may be sodded in part, in conjunction with larger areas of ground cover, as determined appropriate by the department of code enforcement.

            (2)   Across From Nonresidential Property: Where a parking lot is located across a dedicated public right of way from property zoned for nonresidential use the following landscape improvements shall be required:

               (A)   Plant Material: Landscaping of evergreen or dense deciduous shrubs shall be provided across at least fifty percent (50%) of the street frontage to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). The maximum slope for a berm is eight to one (8:1) (12 percent) for grassed areas and four to one (4:1) (25 percent) for planted areas that do not require mowing. Berming is not allowed in perimeter planting zones less than seven feet (7') in width. Additional plantings may be provided, subject to the approval of the department of code enforcement. All landscaping described above shall conform to section 10-4-3 of this chapter.

               (B)   Ground Cover: Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the department of code enforcement.

         c.   Requirements Along Rear And Interior Side Yards:

            (1)   Plant Material: Where a parking lot abuts property zoned for residential use, the requirements of subsections G4a and G4b of this section shall apply. Where a parking lot abuts property zoned for nonresidential use, landscaping shall be provided across at least fifty percent (50%) of that portion of the parking lot abutting the property line to a minimum height of four feet (4'). The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet (4'). Such plantings shall be concentrated into shrub masses, typically containing seven (7) to nine (9) shrubs per shrub mass. Additional plantings may be provided, subject to the approval of the department of code enforcement.

            (2)   Ground Cover: Except where occupied by planting beds, all side and rear yard perimeter parking lot landscaping shall be sodded, seeded or planted with another comparable ground cover, as determined appropriate by the department of code enforcement. (Ord. 03-2266, 10-27-2003)

   A.   General Standards: Glare, light pollution and light trespass shall be controlled at all times through proper equipment selection, careful aiming, limits on brightness and adequate screening.

The village at its discretion may require corrective action for any lighting installation that fails to meet the required lighting criteria or produces unacceptable levels of light trespass, light pollution, and/or glare.

   B.   Fixture Specifications: All exterior luminaries, except decorative fixtures approved by the code enforcement officer, shall be horizontally mounted and have full cutoff optics with flat lenses, with no portion of the lens protruding below the housing.

Ornamental lighting adjacent to residential zoned parcels shall have house shields installed to reduce nuisance lighting. Privately owned seasonal holiday lighting and village owned seasonal holiday lighting, decorative street, parking and pedestrian lighting shall be exempt from this regulation.

   C.   Illumination Glare: Sources of light shall be directed, shaded, shielded or otherwise arranged to minimize perceived glare from adjacent properties.

   D.   Activity Levels: For the purpose of this section, the following guidelines shall be used to determine the activity level for individual parking lots:

      1.   High Activity Levels: Large parking lots (100 plus spaces) in which a majority of the required parking spaces are occupied by employee and customer/visitor vehicles after six o'clock (6:00) P.M. or small (up to 15 spaces) and medium (16-99 spaces) parking lots in which a majority of the required parking spaces are occupied by employee/customer/visitor vehicles and regular on site truck traffic is experienced or generated after six o'clock (6:00) P.M.

      2.   Medium Activity Levels: Any parking lot in which a majority of the required parking spaces are occupied by employee vehicles and regular on site truck traffic is experienced or generated after six o'clock (6:00) P.M. or small and medium parking lots in which the majority of the parking spaces are occupied by employee and customer vehicles after six o'clock (6:00) P.M.

      3.   Low Activity Levels: Parking lots in which a majority of the required parking spaces are not occupied by employees and/or customers after six o'clock (6:00) P.M. or lots only occupied by employee vehicles after six o'clock (6:00) P.M.

   TABLE 4-5

   PARKING ILLUMINATION STANDARDS

Permitted Illumination Standards For Vehicle Use Areas In Foot-Candles(fc)

 

 

Illumination average to minimum uniformity ratio for all parking lots shall be: 4:1

Maximum horizontal illumination level at lot lines adjacent to or across from detached and attached single-family zoned properties: 0.1

Note:

            (1)   Except gasoline dispensing station canopies, which have a maximum average illumination of 10fc (Illumination Engineering Society North America RP33-99).

   E.   General Illumination Standards For Outdoor Residential Recreational Facilities And Other Private Recreational Facilities: For the purpose of this section, the following guidelines shall be used to determine the outdoor lighting levels:

      1.   Outdoor Residential Recreational Facilities: Sufficient outdoor lighting, if installed, shall be provided to enable use of the facility for the intended purpose(s). However, when the lighting of an outdoor residential recreational facility becomes a nuisance past nine o'clock (9:00) P.M., the owner of the facility shall be required to turn off the lights and close the recreational facility until seven o'clock (7:00) A.M. of the next day.

      2.   Other Uses: Sufficient outdoor lighting shall be provided to enable the use of the private facility for the intended purpose(s). However, when the lighting of the private facility becomes a nuisance past nine o'clock (9:00) P.M., the owner of the private facility shall be required to turn off the lights and close the private facility until seven o'clock (7:00) A.M. of the next day.

   F.   Mounting Height Specification:

      1.   Parking Lots: Maximum luminaire mounting height for parking lot lights adjacent to or across from residential zoned parcels shall be no higher than twenty six feet (26'). In no case shall parking lot lighting exceed thirty feet (30'). In transitional areas, lighting shall be of residential character, shielded and/or directed to minimize perceived glare on surrounding residential properties.

      2.   Residential: Freestanding luminaire mounting height for outdoor residential recreational facilities shall not exceed twelve feet (12') in height. Lighting shall be of residential character, shielded and/or directed to minimize perceived glare on surrounding residential properties. Freestanding ornamental lighting for ingress/egress is permitted in the required front or rear yards but not closer than ten feet (10') from the lot line.

   G.   Holiday Lighting: Privately owned seasonal holiday lighting and village owned seasonal holiday lighting, decorative street, parking and pedestrian lighting shall be exempt from this regulation.

   H.   Plan Submission: Lighting plans, with respect to the uses governed by subsections D and E of this section, shall be submitted to the department of code enforcement for review. Lighting plans shall include lighting layout of the proposed luminaire locations, including aiming angles, minimum and average illuminances, uniformity ratios, locations and use of adjacent properties, lux/foot-candle grid that demonstrates adequate intensities and uniformity are achieved. Manufacturer's catalog cuts providing a description of the luminaires including glare reduction/control devices, lamps, on-off cycle devices and mounting devices. (Ord. 03-2229, 3-24-2003)

   A.   Permitted Uses: All towers, antennas and personal wireless service facilities located on property owned, leased or otherwise controlled by the village are permitted in any zoning district provided a license agreement or lease agreement authorizing such towers, antennas or personal wireless service facilities has been approved by the village and the other applicable provisions of this ordinance are complied with, except that towers, and related personal wireless service support facilities are not permitted in any village public right of way within two hundred feet (200') of any habitable residential building or structure. The installation and maintenance of antennas, nontower personal wireless service facilities and related personal wireless service support facilities such as the installation of Wi-Fi equipment and related infrastructure, on light poles or utility poles located on property owned, leased or otherwise controlled by the village is not subject to the two hundred foot (200') setback regulation.

   B.   Conditional Uses: All towers, antennas and personal wireless service facilities that are installed, erected or modified on property, other than property owned, leased or otherwise controlled by the village, after the effective date hereof shall comply with the provisions of this ordinance and are subject to approval as a conditional use pursuant to this development control ordinance.

   C.   Preexisting Towers, Antennas And Personal Wireless Service Facilities: Preexisting towers and preexisting antennas in place prior to the effective date hereof shall not be required to meet the requirements of this ordinance, unless the owner desires to modify or expand the tower, antenna or personal wireless service facility. Any existing tower, antenna or personal wireless service facility that is used exclusively for governmental or public safety communications may be replaced or modified with a substantially similar structure without meeting the requirements of this ordinance.

   D.   Regulation: This ordinance regulates the installation and maintenance of "personal wireless service facilities", as defined below. Subsection 10-4-4C of this chapter regulates the installation and maintenance of antenna structures, earth satellite stations and digital satellite stations covered in that section. To the extent that such equipment is capable of being regulated under either code provisions, the more restrictive provisions shall apply. (Ord. 07-2432, 1-22-2007)

The purpose of these regulations is: a) to ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of, the residents of the village; b) to protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics; c) to minimize the visual impact of telecommunication towers, antennas, personal wireless service facilities and associated buildings through design and siting standards; d) to maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community; e) to enhance the ability to provide telecommunications services to the community quickly, effectively and efficiently; f) to ensure that telecommunication towers, antennas, personal wireless service facilities and associated buildings are compatible with surrounding land uses; g) to ensure that telecommunications facilities, towers and antennas do not compromise public safety communications; and h) to avoid damage to adjacent properties from tower failure through structural standards and setback requirements. (Ord. 07-2432, 1-22-2007)

The terms defined herein have the meanings given them whether the term is capitalized or not:

ANTENNA: Any exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

FAA: Federal aviation administration.

FCC: Federal communications commission.

MONOPOLE: A tower consisting of a single pole constructed without guywires or ground anchors.

OWNER: Includes the person who owns, leases, manages or operates any tower, antenna, and personal wireless service facility covered under this ordinance.

PERSONAL WIRELESS SERVICE: The providing or offering for rent, sale or lease or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

PERSONAL WIRELESS SERVICE FACILITIES (OR TELECOMMUNICATIONS FACILITIES): The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, towers, personal wireless service support facilities, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer personal wireless services.

PERSONAL WIRELESS SERVICE SUPPORT FACILITIES: Support buildings, structures and equipment cabinets containing electrical and mechanical equipment and devices used for the reception of or transmission of voice, data image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities and the perimeter security fencing that surrounds such equipment, buildings or structures.

TOWER: Any structure designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, water towers and other similar structures. (Ord. 07-2432, 1-22-2007)

Towers, antennas, and personal wireless service facilities shall be located on lawfully preexisting antenna support structures or other lawfully preexisting buildings or structures wherever possible. No permit or conditional use permit authorizing construction of a new tower, antenna or personal wireless service facility or addition to or expansion of an existing antenna support structure or existing building or structure shall be authorized unless the applicant is able to demonstrate that no lawfully preexisting antenna support structure or lawfully preexisting building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. (Ord. 07-2432, 1-22-2007)

Unless otherwise authorized by the board of trustees for good cause shown, every new tower, antenna, or personal wireless service facility shall be designed, constructed and installed to be of a sufficient size and capacity to allow the location of additional personal wireless services antennas to accommodate at least one additional personal wireless service provider on such structure in the future. Any permit or conditional use permit for such a support structure may be conditioned upon the agreement of the applicant to allow collocation of other personal wireless service providers on commercially reasonable terms specified in such permit or conditional use permit. The placement of additional antennas or personal wireless service facilities to a support tower and the related construction of new equipment structure shall not require an amended conditional use permit or a new conditional use permit, provided that the antennas or personal wireless service facilities and the new equipment structure are substantially similar in design and size to the existing equipment and structures. (Ord. 07-2432, 1-22-2007)

Every new tower, antenna, or personal wireless service facility shall:

   A.   Be a monopole rather than latticework, unless otherwise authorized by the board of trustees (village board) for good cause shown.

   B.   Not be illuminated or have any signs installed thereon unless otherwise required by federal law or regulations.

   C.   The minimum setback from any habitable residential building or structure, for a tower, antenna, personal wireless service facility or personal wireless service support facility shall be one hundred fifty feet (150'). The minimum setback shall be measured by drawing or following a straight line between the closest portion of the building or structure and the closest portion of the personal wireless service facility or the personal wireless service support facility. The village board may reduce the standard setback requirements if the goals of this ordinance would be better served by the reduction.

   D.   There shall be a minimum separation distance of five hundred feet (500') between towers, which shall be measured between the proposed tower and all preexisting towers. The separation distance shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The village board may reduce the separation distance requirement if the goals of this ordinance would be better served by the reduction.

   E.   The height limitations in all zoning districts for all roof mounted or building mounted antennas shall not exceed twenty feet (20') above the height of the roof of an existing building structure. All roof mounted antennas shall be constructed as stealth antennas incorporated into upward thrusting architectural building elements such as a church steeple, spire, bell tower, smokestack or radio tower and made to blend into the design, color and contours of the building. Roof mounted antennas shall be screened from view from residentially zoned property and any public right of way with a roof structure, parapet wall or a solid surface that is constructed to blend into the design, color and contours of the building.

   F.   Antennas mounted on the sides of buildings shall be constructed as stealth antennas and be attached flush with the side of the building and shall not protrude more than two feet (2') from the side of the building. Such antennas shall not encroach into or overhang any adjacent lot or public right of way and shall be mounted in a manner that blends into the design, color and contours of the building.

   G.   The height limitations in all zoning districts for new tower construction shall not exceed one hundred feet (100'). The height shall include all parts of the tower, antenna or personal wireless service facility measured from the base. The maximum height of any tower, antenna or personal wireless service facility shall be certified by the applicant's engineer as part of the application. The village board may increase the maximum height restriction as part of the conditional use permit approval process if the goals of this ordinance would be better served by the adjustment.

   H.   No antenna or tower shall have constructed thereon or attached thereto any platform, catwalk, crow's nest, or like structure for the purpose of human support except during periods of construction and repair.

   I.   Landscaping, lighting, fencing and screening shall be incorporated into the site accommodating the tower, antenna or personal wireless service facility and its accessory equipment structures. A landscape plan, fence plan and screening plan shall be submitted to the village for approval as part of the permit or conditional use permit process in accordance with the criteria below. The village board may reduce the landscape, fence and screening requirements if the goals of this ordinance would be better served by the reduction.

      1.   Fencing: All accessory equipment structures adjacent to an antenna system and/or tower shall have perimeter security cyclone fencing with screening materials or the fence shall be a solid wood fence or masonry fence. The fencing shall be not less than six feet (6') in height and shall also be equipped with an acceptable anticlimbing device or design. There shall be landscape materials planted around the perimeter fence.

      2.   Landscaping: The following requirements shall govern the landscaping surrounding telecommunications facilities for which a permit or conditional use permit is required.

         a.   The personal wireless service support facilities for a tower or antenna shall be landscaped with a buffer of plant materials that effectively screens the view of the ground based facilities from residentially zoned property and any public right of way. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the facility. The landscape materials shall conform to the requirements of subsection 10-4-4C3c of this chapter.

         b.   In locations where the visual impact of the facility would be minimal, the landscaping requirement may be reduced or waived.

         c.   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. No tower or other telecommunications facility shall be located on a wetland as designated by local, state or federal authorities.

      3.   Lighting: The lighting for any accessory equipment structures shall not exceed 0.1 candle foot at the property line for the site. The lighting design shall conform to the requirements of the illumination standards of the village code, as amended.

   J.   The tower, antenna or personal wireless service facility shall be of a neutral color such as light gray or sky blue except as dictated by the federal aviation administration (FAA) and be designed to minimize visibility and to blend into the surrounding environment.

   K.   All accessory equipment structures shall be architecturally designed and constructed of exterior building materials and colors to be compatible and harmonious with: 1) the natural features of the surrounding environment or 2) buildings and other structures in the immediate area.

   L.   Towers and/or antennas shall be constructed of or treated with corrosive resistant material. A regular maintenance schedule shall be submitted to the village and be followed by the owner of the tower, antenna or personal wireless service facility.

   M.   For purposes of determining whether the installation of any tower, antenna or personal wireless service facility complies with this ordinance, including, but not limited to, setback requirements, separation requirements, and other such requirements, the dimensions of the entire zoning lot shall control, even though the telecommunications facilities may be located on a leased parcel within such lot. (Ord. 07-2432, 1-22-2007)

All electronic and other related equipment and appurtenances necessary for the operation of any tower, antenna or personal wireless service facility shall, whenever possible, be located within a lawfully preexisting structure or completely below grade. When a new structure is required to house such equipment, such structures shall be architecturally designed and constructed of exterior building materials and colors to be compatible and harmonious with: a) the natural features of the surrounding environment or b) buildings and other structures in the immediate area. (Ord. 07-2432, 1-22-2007)

The owner of every tower, antenna or personal wireless service facility shall submit to the village manager copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such tower, antenna or personal wireless service facility and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. These licenses and permits must be part of any permit or conditional use permit application for a new tower, antenna or personal wireless service facility. (Ord. 07-2432, 1-22-2007)

Applicants proposing to erect a tower, antenna or personal wireless service facility shall follow procedures as set forth in this ordinance. Additional application materials shall include the following and other relevant documents reasonably requested by the village:

   A.   An application for the permitted use or conditional use to erect a tower, antenna or personal wireless service facility. The application shall provide the name, address and telephone number of the owner, lessor and lessee of the parcel of land as well as for the owner and operator of the tower, antenna or personal wireless service facility which is the subject of the application. If the applicant is not the owner of the parcel of land, the written consent of the owner shall be evidenced in the application. Upon issuance of a permit or conditional use permit, the owner shall provide the village with written notice of any change in ownership or leasehold interest within thirty (30) days of such change and shall also provide the contact information for the new owner or lessee.

   B.   A "scaled" site plan which shows property lines, location of tower, antenna or personal wireless service facility, setback distances, any accessory equipment structures, fencing, screening and landscaping proposed as well as any utility improvements that are required to serve the site.

   C.   Photographs of the proposed site and an architect's or engineer's sketch, concept, or rendition of the site as proposed which demonstrates to the satisfaction of the village board the structural dimensions of the tower, antenna or personal wireless service facility (including, but not limited to, its height, pole diameter, and color) and any accessory equipment structures (including, but not limited to, its height, dimensions, and color), and that the proposed site will be as aesthetical as possible in keeping with its surroundings, including elevations, landscaping, screening, appropriate camouflage, and fencing.

   D.   A report prepared and certified by a structural engineer regarding the structural integrity of the tower, antenna, or personal wireless service facility and related accessory structures to be constructed. The report shall contain sufficient information to show that construction, installation, and maintenance of the tower, antenna, or personal wireless service facility will not create a safety hazard or damage to the property of other persons.

   E.   Legal description for the property on which the tower, antenna, or personal wireless service facility and related accessory structures will be located and, if applicable, the legal description of leased parcel where these improvements will be located.

   F.   A copy of a deed or lease confirming ownership of the property and, if applicable, a written, signed statement by the property owner or lessor that the applicant has the authority to construct and operate the tower, antenna, or personal wireless service facility and related accessory structures on the property.

   G.   Copies of each lease or license agreement or other contract that relates to any service providers who intend to install and operate antennas or personal wireless service facilities on the support tower or support antenna.

   H.   Current radio frequency coverage prediction maps showing the area served both prior to and after construction of the proposed tower, antenna or personal wireless service facility and technical performance goals for the desired signal strength.

   I.   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. (Ord. 07-2432, 1-22-2007)

Every permit or ordinance granting approval of a conditional use permit for a tower, antenna or personal wireless service facility shall state that any assignment or transfer of the permit or conditional use permit or any of the rights thereunder may be made only with the approval of the board of trustees. (Ord. 07-2432, 1-22-2007)

Every ordinance granting approval of a conditional use permit for a tower, antenna or personal wireless service facility may provide that:

   A.   Where the provider of personal wireless services is not the owner of the land on which such antenna or structure is located, the term of the conditional use permit is limited to the term of the lease or other agreement granting rights to use the land; and

   B.   The conditional use permit shall be subject to review by the board of trustees (village board), at ten (10) year intervals, to determine whether the technology in the provision of personal wireless services has changed such that the necessity for the conditional use permit at the time of its approval has been eliminated or modified, and whether the conditional use permit should be modified or terminated as a result of any such change. (Ord. 07-2432, 1-22-2007)

   A.   Village Inspection: The village may, at any time, inspect any tower, antenna, or personal wireless service facility to ensure its structural integrity and compliance with the applicable laws, regulations, ordinances, codes and industry standards (collectively the "applicable codes and standards").

      1.   If the village's duly designated inspector concludes that the tower, antenna or personal wireless service facility fails to comply with the applicable codes and standards, then upon written notice from the village to the owner of the tower, antenna or personal wireless service facility, the owner shall have thirty (30) days to bring the facility into compliance with the applicable codes and standards. Failure to bring the tower, antenna, or personal wireless service facility into compliance within the said thirty (30) days shall constitute cause for the removal of the tower, antenna or facility at the owner's expense.

      2.   If the village's inspector concludes that the tower, antenna or personal wireless service facility constitutes a danger to persons or property because of a concern with its structural integrity or the failure to comply with certain applicable codes and standards, then the owner of the tower, antenna or personal wireless service facility shall take immediate steps to secure the structural integrity of the tower, antenna or personal wireless service facility or remedy the deficiencies in the applicable codes and standards or remove the tower, antenna or personal wireless service facility. Failure to take immediate steps to secure the tower, antenna, or personal wireless service facility or to remedy the deficiencies in the applicable codes and standards or to remove the tower, antenna or personal wireless service facility shall constitute cause for the removal of the tower, antenna or facility at the owner's expense.

   B.   Ten Year Structural Integrity Report: The owner of the tower, antenna or personal wireless service facility shall submit to the village every ten (10) years (due on the anniversary of the date of issuance of a permit or conditional use permit authorizing the construction of the tower, antenna or personal wireless service facility) a report prepared and certified by a structural engineer regarding the structural integrity of the tower, antenna or personal wireless service facility and its compliance with the applicable codes and standards.

      1.   If the structural engineer's report concludes that the tower, antenna or personal wireless service facility fails to comply with the applicable codes and standards, then without written notice from the village, the owner of the tower, antenna or personal wireless service facility shall have thirty (30) days from the date of the report to bring the facility into compliance with the applicable codes and standards. Failure to submit the report, or to bring the tower, antenna, or personal wireless service facility into compliance within the said thirty (30) days, shall constitute cause for the removal of the tower, antenna or facility at the owner's expense.

      2.   If the structural engineer's report concludes that the tower, antenna or personal wireless service facility constitutes a danger to persons or property because of a concern with its structural integrity or the failure to comply with certain applicable codes and standards, then the owner of the tower, antenna or personal wireless service facility shall take immediate steps to secure the structural integrity of the tower, antenna or personal wireless service facility or remedy the deficiencies in the applicable codes and standards or remove the tower, antenna or personal wireless service facility. Failure to take immediate steps to secure the tower, antenna, or personal wireless service facility or to remedy the deficiencies in the applicable codes and standards or to remove the tower, antenna or personal wireless service facility shall constitute cause for the removal of the tower, antenna or facility at the owner's expense.

   C.   Abandonment: When one or more towers, antennas, or personal wireless service facilities are not operated for the provision of personal wireless services for a continuous period of twelve (12) months or more, such antenna, tower, or personal wireless service facility may be deemed by the village to be abandoned. Provided that the tower, antenna or personal wireless service facility does not constitute a danger to the public or property, the owner of such tower, antenna, or personal wireless service facility shall remove such items within ninety (90) days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the village to such owner at the last known address of such owner. If two (2) or more providers of personal wireless services use the tower, antenna, or personal wireless service facility to provide personal wireless services, then the period of nonuse under this provision shall be measured from the cessation of operation at the location of such tower, antenna or personal wireless service facility by all such providers.

   D.   Removal; Bond Or Security: The owner shall deliver a performance bond in the amount of twenty five thousand dollars ($25,000.00), or such other like security, acceptable in form to the village, prior to the issuance of a permit or a conditional use permit for the construction and operation of new tower to ensure removal and disposal of such tower abandoned and the owner fails or refuses to remove the structure(s) in accordance with this ordinance where the structure is determined to be: 1) abandoned or 2) constitutes a danger to persons or property. The bond shall not expire or be terminated without thirty (30) days' prior written notice to the village. The bond shall be issued for the benefit of the village, callable upon demand by the village, renewed each year by the owner, at its cost, and delivered to the village manager. The village shall not be required to post such a bond for its own towers, antennas, or personal wireless service facilities. (Ord. 07-2432, 1-22-2007)

In addition to the standards contained in chapter 3 of this ordinance, and the requirements of this ordinance, the following factors may also be considered in the review of permits or conditional use permits for towers, antennas, and personal wireless services facilities:

   A.   The height thereof, its proximity to residential structures and residential district boundaries, and the design characteristics that have the effect of reducing or eliminating, or failing to reduce or eliminate, the visual obtrusiveness thereof.

   B.   The nature of the uses on adjacent and nearby property.

   C.   The surrounding topography, tree coverage and foliage.

   D.   The availability of suitable lawfully existing structures for purposes of collocation. (Ord. 07-2432, 1-22-2007)

All new or existing telecommunications services shall comply with all relevant federal communication commission (FCC) and federal aviation administration (FAA) standards and shall not interfere with public safety and other village and private telecommunications operations. (Ord. 07-2432, 1-22-2007)

The owner of any tower shall provide the village on an annual basis with proof of comprehensive general liability insurance in an amount not less than five million dollars ($5,000,000.00) which protects against losses and damages of any kind due to illness, personal injury or death or property damage resulting from the construction, operation, removal or collapse of the tower, antenna or accessory equipment. The insurance certificate shall name the village and its affiliates (appointed and elected officials, officers, president and board of trustees, engineers, attorneys, volunteers, agents or employees) as additional insureds. In addition to the insurance required, the person applying for a permit shall agree to execute and deliver to the village clerk of the village of Western Springs a release, indemnification and hold harmless agreement, prepared by the village attorney, in which the person applying for the permit agrees to indemnify and save and hold the village, its appointed and elected officials, officers, president and board of trustees, engineers, attorneys, volunteers, agents or employees harmless from any and all liabilities and damages of any kind or nature whatsoever which may arise as a result of the construction, operation, removal or collapse of the tower, antenna or accessory equipment as described herein, including, but not limited to, reasonable attorney fees, witness fees and expenses and court costs incurred by the village in defending against any claim or in enforcing this ordinance or the agreement. Such agreement shall be executed prior to the issuance of the permit. (Ord. 07-2432, 1-22-2007)

Any applicant who petitions to install a tower, antenna or personal wireless service facility shall pay a nonrefundable application fee of two hundred fifty dollars ($250.00), plus a one thousand dollar ($1,000.00) deposit to pay any and all direct and indirect costs incurred by the village in employing professional consultants to review the application, in processing the permit or conditional use permit (including, but not limited to, the costs associated with publishing for a public hearing and court reporting fees), and inspecting the construction of the tower, antenna or personal wireless service facility. (Ord. 07-2432, 1-22-2007)