The purpose of this Article is to set forth additional requirements for certain permitted and special uses. These standards are intended to ensure that the use is compatible with the surrounding area.

(Code 1993, § 20-12.1)

No structure or land may be used or occupied except in conformity with the regulations for the zoning district in which it is located.

(Code 1993, § 20-12.2)

In addition to the use standards below, all uses are required to comply with all provisions of this Ordinance including, but not limited to, Article 30-13 (On-Site Development Standards), Article 30-14 (Off-Street Parking and Loading), Article 30-15 (Landscaping and Screening), and Article 30-16 (Signs), and all other Village regulations.

(a)

Accessory Living Unit.

(1)

The principal dwelling or the accessory living unit must be occupied by the owner(s) of the subject property as the owner(s) principal place of residence for at least six (6) months of the year.

(2)

The resident of the principal dwelling or the accessory living unit must be fifty-five (55) years of age or older, or disabled.

(3)

The maximum size of the accessory living unit is limited to twenty-five percent (25%) of the total area of the principal structure. The minimum size of the accessory living unit shall not be less than six hundred (600) square feet.

(4)

Only one (1) accessory living unit is permitted on any lot.

(5)

An accessory living unit must be located wholly within the principal structure on the lot. No accessory living unit is permitted in any accessory structure.

(6)

The principal structure on the lot must maintain a single-family appearance with a single, common front entrance on the principal structure shared by the principal dwelling and the accessory living unit.

(7)

Any second entrance for the accessory living unit may be located at the rear or side of the principal structure.

(8)

Only the owner(s) of the subject property may apply for a special use for an accessory living unit.

(9)

An accessory living unit is illegal if it is established without an approved special use permit.

(10)

If granted by the Village Board, a special use for an accessory living unit automatically expires when the Zoning Administrator determines that one (1) or more of the requirements of this section have not been met. When a detached single-family dwelling that includes an accessory living unit is sold, the special use associated with the accessory living unit continues provided that the requirements of this section are met by the new owner(s).

(11)

The owner(s) granted a special use to establish an accessory living unit must file an affidavit with the Village annually, no later than ten (10) days after the date of the anniversary on which the Village Board granted the special use, stating that the accessory living unit complies with all the provisions of this Ordinance.

(b)

Car Sharing.

(1)

Two (2) Car-sharing spaces are permitted in any principal use or accessory use parking lot or parking garage serving a commercial, mixed-use, institutional or multi-family structure in any zone in which car-sharing services are permitted, and may occupy up to two (2) required or provided parking spaces.

(2)

A car-sharing vehicle must be no more than eighteen (18) feet in length and must bear a decal that provides the name of the car-sharing service.

(3)

Car Sharing vehicles must be available on an hourly basis through a self-service reservation system.

(4)

Car Sharing vehicles must be located at unstaffed locations.

(5)

Car Sharing vehicles must be available twenty-four (24) hours a day.

(6)

The car-share company must provide insurance for its members and maintains vehicles.

(c)

Car Wash.

(1)

The site must be fenced with an open fence along the lot line that abuts any right-of-way and opaque fencing a minimum of six (6) feet in height along all other lot lines. A continuous thirty (30) inch-high evergreen hedge must be installed along the fence that abuts the right-of-way.

(2)

An attendant must be on duty during hours of operation.

(3)

The structure and all car wash facilities and bays must be securely locked when the operation is closed.

(4)

A litter and noise abatement plan is required for the facility with a contact person designated to notify for violations.

(5)

Lighting provided for the site must be directed away from adjacent properties.

(d)

Cultural Facility. Cultural facilities must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties.

(e)

Day Care Center, Child or Adult. Day care centers must meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:

(1)

Adequate on-site drop-off zones, sidewalks and exterior lighting are provided.

(2)

The amount of traffic or noise to be generated is not excessive.

(3)

Adequate open space and recreational areas must be provided. All outdoor play space must be fenced to a height no less than three and one-half (3 1/2) feet and no more than six and one-half (6 1/2) feet.

(f)

Day Care Home, Child or Adult. Day care homes must meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:

(1)

Adequate on-site drop-off zones, sidewalks and exterior lighting are provided.

(2)

The amount of traffic or noise to be generated is not excessive.

(3)

Adequate open space and recreational areas are provided. All outdoor play space must be fenced to a height no less than three and one-half (3 1/2) feet and no more than six and one-half (6 1/2) feet.

(4)

The day care home retains a residential character and the affect of the day care home does not alter the residential character of the neighborhood.

(5)

The operation of the day care home does not adversely impact surrounding properties.

(g)

Donation Drop-off Facility.

(1)

The facility may only accept donated items at times when the facility is staffed.

(2)

Hours of operations shall be limited to 7:00 a.m. to 9:00 p.m.

(3)

The facility shall only accept small common household and clothing items that can be stored within the facility. Perishable items shall not be stored or accepted in a donation drop-off facility.

(4)

Items that cannot be stored within the facility such as large appliances or other bulky items shall not be accepted.

(5)

The facility shall not obstruct vehicular or pedestrian circulation.

(6)

Adequate loading space must be provided.

(7)

No outdoor drop-off of items is permitted.

(8)

No outdoor storage of items is permitted.

(9)

No separate donation box is permitted on a property with a donation drop-off facility.

(10)

The facility shall be maintained on a regular basis and shall be kept in a neat and orderly condition.

(11)

The facility shall be locked and secured when not in operation and staffed. All materials shall be housed indoors at all times.

(12)

Vehicles for the facility shall not be parked on the property overnight.

(h)

Drive-Through Facility. A drive-through facility is considered a separate use, rather than accessory to the principal use, and is subject to the following standards:

(1)

Drive-through facilities are allowed only on lots of one (1) acre or more in area.

(2)

All drive-through facilities must provide adequate stacking spaces, in accordance with Article 30-14 (Off-Street Parking and Loading).

(3)

All drive-through lanes must be located and designed to ensure that they do not adversely affect the safety and efficiency of traffic circulation on adjoining streets. Internal traffic circulation patterns on the lot must be adequate to keep traffic from backing into a street and blocking access to any required parking spaces located on the lot. Vehicular access to the drive-in window or service area must be provided only from a collector or arterial street.

(4)

No exterior lighting may glare into or upon the surrounding area or any residential premises. All drive-through facilities must be properly screened, in accordance with this Ordinance, to prevent glare from vehicles passing through service lanes.

(5)

Drive aisles must be separated from landscaped areas by a six (6) inch curb.

(6)

The volume on all intercom menu displays must be maintained at a level so as not to be audible in adjoining residential districts. The volume on all intercom menu displays must comply with all local noise regulations.

(7)

The operator of the drive-through facility must provide adequate on-site outdoor waste receptacles and provide daily litter clean-up of the facility and along the rights-of-way abutting the property.

(i)

Dwelling, Above Ground Floor.

(1)

No dwelling units are permitted at grade or within eight (8) feet of grade.

(2)

No residential common areas greater than six hundred (600) square feet are permitted at grade or within eight (8) feet of grade.

(3)

No parking required by the dwelling units are permitted at grade or within eight (8) feet of grade. Parking required by the residential dwelling units and common areas may be located entirely below grade.

(j)

Dwelling, Townhouse/Stacked Flat.

(1)

A townhouse/stacked flat development is limited to a maximum of one hundred eighty (180) feet of building frontage.

(2)

Each unit within a townhouse/stacked flat development is limited to a maximum of thirty (30) feet in width.

(3)

No more than four (4) dwelling units are permitted in one (1) townhouse/stacked flat building. All stacked flat units within a townhouse/stacked flat building must be accessed by a shared entry from the public sidewalk.

(4)

Exterior stairs are permitted for rear facades that do not front on public streets. These stairs may provide access to units on various floors through rear patios or porches.

(5)

All townhouse/stacked flat developments must be designed with the front or side facade of the buildings facing the street. When the units are oriented to face the side lot lines, the end unit that fronts the street must have the primary entrance facing the street.

(6)

Front-loaded attached garages shall not face the front lot line.

(7)

All dwelling units must be laid out to ensure adequate privacy for residents, such as by the separation of buildings or landscaping between buildings. There must be a minimum separation of ten (10) feet between sidewalls of the development.

(8)

Where the front or rear wall of a row of a development faces the front, side or rear wall of another row of dwellings, the minimum required separation between such buildings must be a minimum of thirty (30) feet. Driveways and parking areas may be located within this minimum separation area.

(9)

All off-street parking areas and interior driveways are located and designed to provide safe, quick and convenient access for emergency vehicles, refuse collection and service and delivery vehicles.

(k)

Educational Facility, Primary, Secondary, College, and Vocational.

(1)

Educational facilities must be designed so that the location of entrances and exits, exterior lighting, outdoor recreation areas, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties.

(2)

Any education facility that includes on-site boarding of students must be located on a lot with a minimum lot area of five (5) acres.

(l)

Electric Vehicle Charging Stations.

(1)

Electric vehicle charging stations are an allowable accessory use in all zoning districts.

(2)

Electric vehicle charging stations are an allowable encroachment into a side yard and rear yard.

(m)

Gas Station.

(1)

Gas station canopies must be designed with luminaires recessed under the canopy to minimize light pollution. Light intensity directly under the canopy shall not exceed ten (10) footcandles at any location. All lighting mounted under the canopy, including auxiliary lighting within signs and panels over the pumps, is included in the ten (10) footcandle limit.

(2)

All gas station driveways must be located and designed to ensure that they do not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

(3)

Gas stations may offer convenience items for sale as a secondary activity.

(4)

In addition, gas stations may be included accessory to a "Minor Motor Vehicle Repair and Service Shop."

(5)

Gas stations are subject to any front yard requirements, when applicable within a zoning district. However, a minimum five (5)-foot landscape setback must be provided.

(n)

Golf Course.

(1)

Golf courses must be located on a lot of a minimum of five (5) acres.

(2)

Administration and maintenance buildings must be located at least fifty (50) feet from a residential lot line.

(o)

Group Home. Group homes must meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required.

(1)

The location, design and operation of the facility will not alter the residential character of the neighborhood.

(2)

The facility retains a residential character that is compatible with the surrounding neighborhood.

(3)

The operation of the facility does not adversely impact surrounding properties.

(p)

Kennel and Pet Day Care Service. Kennels and pet day care services must meet all federal, state and local requirements including, but not limited to, licensing, health and safety code requirements. In addition, the following standards must be met:

(1)

Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting.

(2)

All animal quarters and runs are to be kept in a clean, dry and sanitary condition.

(3)

Fencing surrounding exercise areas and/or runs must be of a sufficient height to prevent escape and buried as part of installation to prevent escape by digging beneath the fence posts.

(4)

Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes noise from exercise or training while outdoors during the daytime.

(5)

Kennels and pet day care services must be located at least one thousand three hundred twenty (1,320) feet from other kennels and pet day care services.

(6)

The total number of animals per overnight stay at a kennel or pet day care service is limited to twelve (12) animals.

(q)

Motor Vehicle Dealership or Motor Vehicle Rental Establishment. Motor vehicle dealerships or rental establishments with an outdoor display component must have a minimum lot size of twenty thousand (20,000) square feet. This standard does not apply to fully enclosed dealerships (i.e., indoor showrooms only) or rental establishments located within a parking structure.

(r)

Motor Vehicle Operations Facility. All repair operations and service bays must be fully enclosed.

(s)

Motor Vehicle Service and Repair, Major or Minor.

(1)

Minor motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than ten (10) days. Major motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than thirty (30) days.

(2)

All driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

(3)

All repair operations must be fully enclosed. Wrecked or junked vehicles must not be stored for longer time periods than those specified above and must be screened from the public right-of-way and any adjacent residential districts.

(4)

Minor motor vehicle service and repair shops may be accessory to gas stations.

(t)

Multi-Family Dwelling. Multi-family dwellings must meet the bulk requirements:

(1)

In the R3 District:

(A)

The gross density of development on the property must not exceed eighteen (18) dwelling units per acre. A gross density in excess of eighteen (18) dwelling units per acre, up to a maximum of thirty (30) dwelling units per acre, shall be a special use.

(B)

There are no more than twenty-four (24) dwelling units in any one (1) building.

(2)

In the R4 District:

(A)

The gross density of development on the property shall not exceed forty (40) dwelling units per acre on lots of fifteen thousand (15,000) square feet or greater. The gross density of development on the property must not exceed twenty-seven (27) dwelling units per acre on lots smaller than fifteen thousand (15,000) square feet.

(B)

No more than ten percent (10%) of the dwelling units on the property are efficiency units.

(u)

Off-Street Parking, Structure or Lot.

(1)

Parking Structure. Where no commercial frontage is provided on a parking structure, a landscape yard a minimum of ten (10) feet in width must be provided adjacent to a public right-of-way, excluding alleys.

(2)

Off-Street Parking Lot.

(A)

Off-street parking lots serving non-residential uses must be solely for the parking of vehicles for periods of less than one (1) day and must not be used as an off-street loading area.

(B)

No sales, display, repair or service of any kind may be conducted in any off-street parking lot.

(C)

No signs of any kind, other than signs designating entrances, exits and conditions of use, may be maintained on any off-street parking lot.

(D)

No buildings other than those for shelter of attendants may be erected upon any off-street parking lots. The allowable shelters must not exceed ten (10) feet in height and fifty (50) square feet in area.

(E)

The off-street parking lot must be screened and landscaped in accordance with Article 30-15 (Landscaping and Screening).

(F)

The off-street parking lot must be kept free from refuse and debris. All landscaping must be maintained in a healthy growing condition, and be neat and orderly in appearance.

(G)

An off-street parking lot located in a residential zoning district shall only serve an off-site institutional use or residential use.

(v)

Outdoor Dining. Outdoor dining is considered a separate use, rather than accessory to the principal use, and subject to the following standards:

(1)

All outdoor dining areas require a valid license from the Village pursuant to Chapter 24 of this Code.

(2)

Outdoor dining is prohibited in any yard that abuts a residential district.

(3)

The seating shall not occupy or interfere with the use of required parking spaces and aisles.

(4)

Picnic tables located in a park, golf course or recreation center are not considered outdoor dining.

(w)

Outdoor Storage.

(1)

All outdoor storage must comply with the screening requirements of this Ordinance.

(2)

The storage area should be located to the rear of the lot when possible.

(3)

Outdoor storage areas must be surfaced, and graded and drain all surface water. Outdoor storage areas may be surfaced with semi-pervious materials, if adequate drainage and erosion and dust control are provided.

(4)

Any lighting used to illuminate an outdoor storage area must be directed and shielded as to not illuminate any adjacent lots. All exterior lighting must comply with the requirements of this Ordinance.

(x)

Place of Worship. Places of worship must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties.

(y)

Residential Care Facility. Residential care facilities must meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following must be met:

(1)

The location, design and operation of the facility is compatible with, and does not adversely affect, adjacent properties and the surrounding area.

(2)

The facility is harmonious with surrounding buildings, in respect to scale, architectural design and building placement. If located within a residential district, the facility does not alter the residential character of the neighborhood.

(3)

The surrounding street network is capable of accommodating the traffic generated by the facility.

(4)

Residential care facilities must meet the bulk requirements:

(A)

R2 District: The gross density of development on the property must not exceed eighteen (18) dwelling units per acre and no more than twenty-four (24) dwelling units in any one (1) building.

(B)

R3 District: The gross density of development on the property must not exceed thirty (30) dwelling units per acre.

(C)

R4 District: The gross density of development on the property must not exceed forty (40) dwelling units per acre on lots of fifteen thousand (15,000) square feet or greater. The gross density of development on the property must not exceed twenty-seven (27) dwelling units per acre on lots smaller than fifteen thousand (15,000) square feet.

(z)

Restaurant, Carry-Out/Delivery and Limited Service.

(1)

A restaurant must submit the following operation plans:

(A)

Days and hours of operation.

(B)

The size of the establishment.

(C)

The number and location of seats, tables and other furniture proposed for outdoor seating.

(D)

Exterior lighting design.

(E)

Maximum occupancy loads.

(2)

Only carry out/delivery, limited service and specialty restaurants are allowed a drive-through facility, which must comply with the standards of the Article. The drive-through facility is considered a separate use on the site and must be approved separately.

(aa)

Social Club or Lodge.

(1)

Social clubs or lodges must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties.

(2)

No more than fifty percent (50%) of the gross floor area may be used as office space for the social club or lodge.

(3)

Social clubs and lodges are permitted to serve meals and alcohol on the premises for members only.

(4)

Lodging for members or guests on premises is prohibited.

(bb)

Twenty-four-hour business.

(1)

The privilege granted by approval of a 24-hour business special use is not a property right and is not deemed to attach to or run with the land, but runs solely with the applicant for the use described in the application, and is deemed solely as granting authority under this Article to operate the business in conformance with all other provisions of this Ordinance.

(2)

Only a permitted or special use in a zoning district is eligible to obtain a special use to operate as a 24-hour business. No variation to this requirement is permitted.

(3)

A special use for a 24-hour business must meet each of the following standards:

(A)

The 24-hour business special use will not create, or has not created, a materially adverse impact on neighboring properties resulting from generation or accumulation of refuse or from generation of an unreasonable level of noise from business activities or motor vehicle traffic during times of operation that require the 24-hour business special use.

(B)

The 24-hour business special use will not create, or has not created, due to its operation or the nature of its operation during those hours that require the 24-hour special use, a material policing problem.

(4)

Prior to making any material change in the operation of the 24-hour business special use from that described in the original application for the special use, the applicant must submit a new application to modify the existing special use in the same manner as an original application.

(5)

In the event that any business license or other license or permit required by this Ordinance and the Village Code for the operation of the 24-hour business special use is revoked, then the 24-hour business special use is terminated on that date of revocation.

(cc)

Utility. Private utilities must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. Additional landscaping and screening may be required.

(1)

All utility distribution lines for telephone, cable television, electrical, and other utility services in subdivisions platted and recorded after the effective date of this Ordinance must be installed underground.

(2)

All underground installations must be placed within easements or dedicated public ways in a manner that does not conflict with previously installed services.

(3)

Underground installations must be made in accordance with the rules and regulations from time to time on file with the Illinois Commerce Commission. Nothing contained herein relieves the developer from the standard charges on file with said Commission.

(4)

All utility easement areas must be kept free and clear of all physical encumbrances so that the easements are readily available and accessible. Proposed easements must be submitted to the utility companies for their suggestions prior to the recording of a subdivision plat.

(5)

All transformer boxes must be located so as not to be hazardous to the public.

(dd)

Wireless Telecommunications Equipment.

(1)

Purpose.

(A)

The purpose these regulations are to provide for the placement, construction and modification of wireless telecommunications facilities. These provisions are not intended and must not be interpreted to prohibit or have the effect of prohibiting the provision of wireless services, nor will the provisions be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services.

(B)

In the course of reviewing any request for any approval required by an applicant to provide wireless service or to install wireless service facilities, the Zoning Board of Appeals or the Village Board, as the case may be, must act within a reasonable period of time after the request is duly filed with the Village, taking into account the nature and scope of the request. Any decision to deny such a request must be in writing and supported by substantial evidence contained in a written record.

(C)

Should the application of these regulations prohibit a person or entity from providing wireless service to all or a portion of the Village, such provider may petition the Village Board for an amendment to this Ordinance. The Village Board, upon receipt of such a petition, must promptly undertake review of the petition and make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition. Any decision to deny such a petition must be in writing and supported by substantial evidence contained in a written record.

(2)

Permitted Locations.

(A)

Free Standing Wireless Communication Antennas.

(i)

Free standing wireless communication antennas shall be a special use in the following areas and are limited to seventy-three (73) feet in height above grade:

a.

That portion of the PCD-1 District west of the northerly extension of Lavergne Avenue and south of the westerly extension of Walden Lane.

b.

That portion of the GC-2 District lying north of Illinois Road and west of Happ Road.

c.

That portion of the GC-2 District lying west of southeasterly extension of vacated Manor Drive, as extended, south of the westerly extension of Washington Avenue, and one hundred ninety (190) feet north of the westerly extension of vacated Central Avenue.

d.

The eastern one-half of that portion of the OR District consisting of Lot 1 of the Edens Executive Center Subdivision.

e.

That portion of the VC District within the following boundaries: Starting from the northeast corner of the intersection of Green Bay Road and Wilmette Avenue, running northeasterly to the southeast corner of the intersection of Wilmette Avenue and the southeasterly extension of Electric Place, thence northwest along the east side of Electric Place, as extended, to the northeast corner of the intersection of Electric Place and Washington Court, thence west along the north side of westerly extension of Washington Court to the east side of Green Bay Road, thence southeast to the point of the beginning.

(ii)

Free standing wireless communication antennas in excess of seventy-three (73) feet in height above grade shall require a height variation for that portion above seventy-three (73) feet above grade.

(iii)

Free standing wireless communication antennas must meet all minimum setback and yard requirements of the district and all applicable federal laws and regulations concerning its use and operation.

(B)

Roof- or Structure-Mounted Wireless Communication Antennas.

(i)

A roof- or structure-mounted wireless telecommunications antenna that is directly affixed to an existing structure or roof-mounted antenna pole that does not exceed ten (10) feet above the roof of an existing building shall be a special use in the following areas:

a.

That portion of the PCD-1 District west of the northerly extension of Lavergne Avenue and south of the westerly extension of Walden Lane.

b.

That portion of the GC-2 District lying north of Illinois Road and west of Happ Road.

c.

That portion of the GC-2 District lying west of southeasterly extension of vacated Manor Drive, as extended, south of the westerly extension of Washington Avenue, and one hundred ninety (190) feet north of the westerly extension of vacated Central Avenue.

d.

The eastern one-half of that portion of the OR District consisting of Lot 1 of the Edens Executive Center Subdivision.

e.

That portion of the VC District within the following boundaries: Starting from the northeast corner of the intersection of Green Bay Road and Wilmette Avenue, running northeasterly to the southeast corner of the intersection of Wilmette Avenue and the southeasterly extension of Electric Place, thence northwest along the east side of Electric Place, as extended, to the northeast corner of the intersection of Electric Place and Washington Court, thence west along the north side of westerly extension of Washington Court to the east side of Green Bay Road, thence southeast to the point of the beginning.

A roof- or structure-mounted wireless telecommunications antenna in excess of ten (10) feet in height above the roof shall require a height variation for that portion above ten (10) feet above the roof.

(ii)

Roof- or structure-mounted wireless telecommunications antenna are a special use in the Commercial and Planned Commercial Districts not delineated in Section 30-12.3.(cc)(2)(B)(i) and the R4 District. No variations from the maximum height requirement shall be granted.

(iii)

A roof- or structure-mounted wireless telecommunications antenna that is directly affixed to an existing structure- or roof-mounted antenna pole that does not exceed ten (10) feet above the roof of an existing building shall be a special use in any zoning district when the roof- or structure-mounted wireless telecommunications antenna is either:

a.

Directly affixed to a structure used to hold existing telecommunications antennae other than those for wireless service, such as police and fire telecommunications, where the structure and existing telecommunications antennae are both accessory to an existing institutional use.

b.

The personal wireless service facility is directly affixed to an existing institutional use structure or to a non-habitable architectural feature on an institutional use structure.

(iv)

Roof- or structure-mounted wireless communication antennas must meet all minimum setback and yard requirements of the district and all applicable federal laws and regulations concerning its use and operation.

(3)

Co-Location.

(A)

In considering a request for approval of a wireless service facility, the Zoning Board of Appeals or the Village Board, as the case may be, must, in addition to these standards, also give due consideration and weight to whether the applicant has sought and been denied the opportunity to co-locate its personal wireless service facility on an existing antenna-supporting structure and, if the proposed site is located outside of the areas listed in Paragraph (2)(A) above, whether the applicant has made adequate efforts to obtain a site in those areas.

(B)

In considering a request for approval of a wireless service facility, the Zoning Board of Appeals or the Village Board, as the case may be, may by express condition require that the applicant allow, on a commercially reasonable basis, other providers of wireless telecommunications services to co-locate additional personal wireless service facilities on a free standing pole which is part of the applicant's proposed personal wireless service facility, where such co-location is technologically feasible.

(4)

Non-conformities. Any wireless service facility installed and operating that is a legal non-conforming use or a legal non-conforming structure, as the case may be, and is subject to the rules on non-conformities provided in this Ordinance.

(ee)

Small Cell Facilities.

(1)

Purpose. The purpose of this Ordinance is to establish regulations, standards and procedures for the siting and collocation of small wireless facilities outside the rights-of-way on property zoned by the Village exclusively for commercial or industrial use, in a manner that is consistent the Act and for alternate locations outside the rights-of-way on all other zoned property.

(2)

Regulations of small wireless facilities on property zoned exclusively for commercial or industrial use.

The regulation of and application for small wireless facilities (as defined in Chapter 16) shall be subject to the regulations and application procedure provided for in Chapter 16.

(3)

Regulations of small wireless facilities located on property not zoned exclusively for commercial or industrial uses.

a.

This Section shall regulate small wireless facilities that are not mandated to be "permitted uses" pursuant to the Small Wireless Facilities Act.

b.

Small wireless facilities shall not be a permitted or special use except as provide for in this Section. Except for those provisions below that conflict with Chapter 16-17 of the Village Code, the regulation of and application for small wireless facilities shall be subject to Chapter 16-17 of the Village Code.

c.

No freestanding small wireless facility shall be allowed.

d.

A roof- or structure-mounted small wireless facility that is directly affixed to an existing structure or roof-mounted antenna pole that does not exceed ten (10) feet above the roof of an existing building shall be a special use when the roof-or structure-mounted small wireless facility is either:

i.

Directly affixed to a structure used to hold existing telecommunications antennae other than those for wireless service, such as police and fire telecommunications, where the structure and existing telecommunications antennae are both accessory to an existing institutional use.

ii.

The small wireless facility is directly affixed to an existing institutional use structure or to a non-habitable architectural feature on an institutional use structure.

iii.

The small wireless facility is direct affixed to an existing Multi-Family Dwelling, as follows:

1.

The applicant must show that there is no other location within the right-of-way that would adequately provide the necessary service required for the wireless facility; or

2.

The Village Engineer, in response to a filed application, requested that the proposed location of the small wireless facility be changed.

(ff)

Dispensing organization.

(1)

Purpose. The purpose of this Section is to establish additional zoning regulations, standards, and procedures for the use of a Dispensing Organization that is authorized by the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.)("Act"). A Dispensing Organization shall comply with all provisions of the Village Code. Should any provisions of the Village Code conflict with the provisions of this Section, the provisions of this Section shall control.

(2)

Application. In addition to the requirements set forth in Appendix A relating to applications for special use permits, an application for a special use permit to operate a Dispensing Organization must including the following information, documentation, and payment of fees:

a.

The legal name and trade name of the proposed Dispensing Organization.

b.

The commonly-known address of the proposed Dispensing Organization.

c.

The legal name of the applicant.

d.

The address, telephone number and e-mail address of the applicant and the applicant's principal place of business.

e.

The legal names, addresses, telephone numbers, and e-mail addresses of:

i.

All business entities, sole proprietors, and any other entity or individual with a financial interest in the proposed Dispensary Organization.

ii.

The dates of birth and social security numbers of any officer, director, partner, manager and owners of the business entity or any other entity provided and for all sole proprietors and other individuals provided.

iii.

All business entities must provide the organization and operating documents of the business entity, which includes partnership agreements, joint venture agreements, articles of organization, operating agreements, articles of incorporation.

f.

A copy of a business plan for the proposed Dispensing Organization that includes a description of the products and services that will be offered.

g.

An application shall contain the following information in regard to the use of the land and the proposed or existing buildings and structure where the Dispensing Organization is proposed to be sited:

i.

Proof of ownership of the property where the Dispensing Organization is proposed to be sited. If the applicant does not own the property, a lease or other document stating the applicant's right to use the property for the proposed purpose.

ii.

Copies of all covenants, grants of easements and other limitations or restrictions existing, or to be imposed upon, the use of the subject property's land, buildings, or other structures.

iii.

Copy of a preliminary title insurance commitment.

iv.

A plat of survey, which shall include a legal description, of the subject property.

v.

Floor plans and elevations of the buildings or other structures. Such plans shall show building character, materials, and colors.

vi.

A comprehensive site plan, showing the square footage of each component of the Dispensing Organization, including but not limited to, areas of public access, storage areas, vault area, loading zones, garbage and refuse areas. The site plan shall also depict, if applicable and without limitation: streets, traffic direction, sidewalks, trees, alleys, property lines, buildings, parking areas and total number of parking spaces (both below and above grade) and handicapped parking spaces, fences, exterior walled areas, garages, vehicle delivery access doors, hangars, security features, garbage enclosure areas and outdoor areas.

vii.

Calculation of lot coverage of buildings and structures.

viii.

Floor area of buildings and structures.

ix.

A copy of the security plan as required by the Act.

x.

A landscape plan.

xi.

A lighting plan.

xii.

A signage and advertising plan.

xiii.

Any information that may be required by the Zoning Administrator to assist in determining the potential impact of the proposed development on existing emergency response services.

h.

Traffic analysis performed by a qualified traffic engineer within the twelve (12) months prior to the public hearing on such an application.

i.

A queuing plan showing customer overflow inside and outside the building and structures.

j.

A preliminary development schedule for the project.

k.

Any other information or documentation that the Zoning Administrator determines is necessary to consider the application for special use.

l.

A non-refundable fee in the amount set forth in section 2-1340 of this Code shall paid at the time of the submittal of the application.

(3)

Operational Standards. The establishment, development, and operation of a Dispensing Organization must comply with all conditions and restrictions set forth in the ordinance granting the special use permit for such use and with the following standards and requirements:

a.

A Dispensing Organization shall comply with all laws, including the Act and rules promulgated under the Act.

b.

A Dispensing Organization may only operate during the hours as provided as a condition to a special use permit.

c.

A Dispensing Organization is prohibited from operating, including conducting any sales or distribution of cannabis, other than authorized by the Act and as licensed. A Dispensing Organization shall have all required state issued licenses authorizing the sale of cannabis, in good standing at all times. Any suspension or revocation of such a license by the state of Illinois shall be deemed a suspension or revocation of the special use permit.

d.

A Dispensing Organization is prohibited from selling alcoholic liquor, except for tinctures as defined and as authorized by the Act.

e.

A Dispensing Organization shall dispose of all cannabis waste in accord with the Act. All cannabis waste and other refuse shall be disposed of in commercial-type refuse containers with suitable lids. Such containers shall be located within areas of the fully-enclosed building, with operable doors closed and locked at all times other than during loading and unloading. A special use permit may allow for such cannabis waste and other refuse to be located in an exterior garbage enclosure area that is otherwise secured with operable doors closed and locked at all times other than during loading and unloading. An applicant making a request to have an exterior garbage enclosure shall address all requirements of the Village Code in regards to such enclosures as well as any safety and security concerns of having such waste not fully enclosed in a locked and secured building.

f.

A Dispensing Organization shall comply and timely pay all local taxes, including without limitation, the Village's Cannabis Retailers' Occupation Tax and Municipal Retailers' Occupation Tax.

g.

A copy of the approved security plan and any approved amendments to the security plan shall be submitted to the Police Chief within five (5) days of the state's approval of the security plan or any amendments to the security plan.

(4)

Consumption of cannabis on Premises Prohibition. The consumption of cannabis upon the premises is prohibited. It shall be unlawful for any person to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on business premises under his or her control, the consumption of any cannabis by an individual.

(5)

Violation.

a.

Any violation of the provisions provided in this Section 30-12.3(ff) shall be deemed an ordinance violation and may be subject to administrative adjudication as provided for in this Code. Each day that any violation of any provision of this Subsection DD or any ordinance shall continue, shall constitute a separate offense.

b.

Every act or omission constituting a violation of any of the provisions of this Section 30-12.3(ff), by any officer, director, manager, agent, or employee of any cannabis business establishment shall be deemed and held to be the act of such employer or owner and the employer or owner shall be subject to punishment in the same manner as if the act or omission had been done or omitted by them personally.

c.

The Administrative Hearing Officer may revoke or suspend up to 30 days any special use permit authorizing a Dispensing Organization to operate in the Village if the Administrative Hearing Officer determines the licensee has violated any of the provisions of this Section 30-12.3(ff) or any provisions of the Village Code. In addition to any such suspension or revocation, or in lieu of suspension or revocation as the case may be, the Administrative Hearing Officer may levy a fine on the licensee for such violations. Such violations may be punished by a fine of not less than $500.00 and not exceeding $7,500.00 for each such offense.

d.

Nothing herein shall prevent the Village from proceeding against a licensee in the Circuit Court in lieu of administrative adjudication proceeding.

e.

Nothing herein shall prevent the Village from simultaneously requesting and supporting a state of Illinois investigation or proceeding against the Dispensing Organization for a violation of any provisions of the Act.

(Code 1993, § 20-12.3; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2016-O-11, 4-12-2016; Ord. No. 2018-O-48, § 6, 7-24-2018; Ord. No. 2021-O-56, § 4, 9-28-2021; Ord. No. 2024-O-35, § 3, 6-11-2024; Ord. No. 2024-O-54, § 2, 10-10-2024; Ord. No. 2025-O-19, § 4, 3-11-2025)