The purpose of this Article is to address the regulation of those other site improvements on a lot other than the regulations for the principal building. This includes site design standards, accessory structures and uses, and permitted encroachments.

(Code 1993, § 20-13.1)

(a)

Number of Buildings on a Lot. No more than one (1) principal building may be located on a lot, except for uses owned or operated by the Village itself, or by a public school district, public library district, or public park district, or where Article 30-8 of this Ordinance allows more than one (1) townhouse/stacked flat building on a lot as a special use.

(b)

All Activities within an Enclosed Structure. Within all districts, all activities must be conducted entirely within an enclosed structure, with the exception of the following activities and uses:

(1)

Off-street parking and loading.

(2)

Only outdoor businesses and those businesses with an outdoor component are permitted accessory outdoor storage, as listed below. Additional uses may be permitted accessory outdoor storage by special use.

(A)

Garden center.

(B)

Heavy retail, rental and service.

(C)

Kennel (exercise area only; no outdoor boarding).

(D)

Manufacturing, general (storage only; no manufacturing activities).

(E)

Motor vehicle dealership.

(F)

Motor vehicle rental establishment

(G)

Motor vehicle service and repair, major or minor.

(H)

Outdoor dining, in accordance with Section 30-12.3.(u).

(I)

Outdoor storage (principal use).

(J)

Pet day care facility (exercise area only; no outdoor boarding).

(K)

Public safety facility.

(L)

Public works facility.

(3)

Permitted outdoor display and sales areas for retail goods establishments, in accordance with Section 30-13.4.(n).

(4)

Temporary uses, in accordance with Section 30-13.6 (Temporary Uses and Structures).

(c)

Frontage on a Public Street. All lots must front on a public street within the Village.

(d)

Required Yards. No lot may be reduced in area so that the yards are less than that required by this Ordinance. The required yard for a zoning lot is not considered a yard for any other zoning lot. All yards allocated to a structure must be located on the same zoning lot as the structure.

(e)

Bulk Requirements. All structures erected must meet the requirements for the zoning district in which the structure is located.

(f)

Use Permissions. No structure or land may be used for any use other than one (1) allowed as either a permitted or special use in the zoning district in which such structure or land is located. Structures or land may also be used for a temporary use or accessory use, in accordance with the requirements of Section 30-13.4 (Accessory Structures and Uses) and Section 30-13.6 (Temporary Uses and Structures).

(g)

View Obstruction. A use, structure, sign or landscape must be located so that it does not obstruct or otherwise interfere with public use of a street right-of-way or other public easement, in accordance with the Village Code.

(Code 1993, § 20-13.2)

(a)

Light Trespass and Distraction.

(1)

The following types of light trespass are prohibited:

(A)

No exterior lighting may glare into, or upon, any adjacent lots.

(B)

No exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public or private streets and alleys.

(C)

The light level must be no greater than one-half (0.5) footcandle at any property line.

(2)

The following types of light distraction are prohibited:

(A)

Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.

(B)

Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.

(b)

Unshielded Lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires or any other type of support, is prohibited, except on a temporary basis in areas where approved carnivals/circuses, fairs, or other similar temporary uses are held and only when such activities are taking place.

(c)

Light Pole and Building-Mounted Lighting Heights. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, is specified below, unless otherwise required by the Building Code. These standards do not apply to public right-of-way lighting. Permitted light pole heights are as follows:

(1)

Non-Residential Uses.

(A)

Lights poles and building-mounted fixtures must be designed with fully shielded luminaires. Such poles or mounts must not exceed eighteen (18) feet in height.

(B)

All new lighting for outdoor recreational facilities, such as those at parks, recreation centers, and golf courses, are a special use. In addition to the special use standards, outdoor lighting must meet the requirements of Paragraph (a) above. Outdoor lighting for playing fields located in a park or recreation center may be located and mounted at heights up to seventy (70) feet, provided that any structure on which such lights are mounted is located a minimum of twenty (20) feet from any residential lot line and special use approval is obtained.

(2)

Residential Uses. Light poles for single-family and two-unit dwellings are limited to eight (8) feet in height. Light poles for townhouse/stacked flat and multi-family uses are limited to fifteen (15) feet in height. Lighting, including under-soffit lighting mounted upon a single-family, two-unit or townhouse/stacked flat residential dwelling may not be mounted higher than fifteen (15) feet above grade.

(Code 1993, § 20-13.3)

All accessory structures and uses are subject to the requirements of this Article and the requirements of Section 30-13.5 (Permitted Encroachments) below. Additional accessory structures not regulated in this section may be regulated by Section 30-13.5 (Permitted Encroachments) below.

(a)

Accessory Structures - General Regulations. All accessory structures are subject to the following regulations, in addition to any other regulations within this Article and this Ordinance.

(1)

No accessory structure may be constructed prior to construction of the principal building to which it is accessory.

(2)

Only those accessory structures permitted by this section or Section 30-13.5 (Permitted Encroachments) are permitted in required yards.

(3)

The maximum height of any detached accessory structure is measured from average abutting grade to the peak of the roof. No detached accessory structure may exceed fifteen (15) feet, unless otherwise permitted or limited by this Ordinance.

(4)

A detached accessory structure must be located a minimum of ten (10) feet from a principal building with the exception of swimming pools, spas, patios and decks that are not subject to this separation requirement. A roofed detached accessory structure must be located a minimum of four (4) feet from another roofed detached accessory structure.

(5)

For lots less than fifteen thousand (15,000) square feet, no more than two (2) detached accessory structures are permitted on a lot. For lots fifteen thousand (15,000) square feet or greater, no more than three (3) detached accessory structures are permitted on a lot.

(A)

This requirement shall not apply to uses owned or operated by a Unit of Local Government.

(B)

For the purposes of this requirement, fences, walls, retaining walls, arbors, trellises, playground equipment, patios, decks, swimming pools and spas, tennis and similar recreation courts, and pergolas attached to the principal structure are not considered detached accessory structures. Construction of additional detached accessory structures above that permitted by this Ordinance is a special use. However, as of the effective date of this Ordinance, a lot that exceeds the maximum number of permitted detached accessory structures may replace an existing detached garage without special approval.

(6)

All detached accessory structures are limited to a maximum area of two hundred (200) square feet each, unless otherwise permitted by this Ordinance. The total area of all roofed detached accessory structures is limited to a maximum of twenty-five percent (25%) of the permitted total principal structure floor area, not including applicable floor area bonuses. Unless otherwise permitted by this Ordinance, additional area for detached accessory structures above that permitted by this Ordinance is a special use. This requirement shall not apply to uses owned or operated by a Unit of Local Government.

(7)

No detached accessory structures may be designed or used for housing. Basements are prohibited except in the case of a beach house/cabana or boat house on a sloping lot, which may have a basement for storage purposes only.

(8)

A detached accessory structure may be equipped with a sink, toilet, and oven or microwave oven but bathing facilities are prohibited. However a beach house/cabana or boat house may have an outdoor shower head.

(9)

Upon the demolition of a principal building, any remaining non-conforming accessory structures on the same property as the demolished structure must also be demolished or altered so that they conform to this Ordinance.

(10)

Accessory structures on lots containing a side yard adjoining a street, or a double-frontage lot with a no-access strip along the rear lot line, shall be treated in the same manner as allowed in any required yard that abuts a street. However, fences in rear yards of double-frontage lots with a no-access strip are treated the same as fences in rear yards of double-frontage lots without a no-access strip.

(b)

Amateur (HAM) Radio Equipment.

(1)

Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance criteria as set forth in Section 30-13.7 (Environmental Performance Standards) are permitted only in the rear yard and must be located ten (10) feet from any lot line.

(2)

Towers are limited to the maximum building height of the applicable district, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with Paragraph (4) below.

(3)

Antenna may be ground-, building- or roof-mounted. Every effort must be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys.

(4)

An antenna or tower that is proposed to exceed the height limitations is a special use. The operator must provide evidence that a taller tower and/or antenna is necessary to successfully engage in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna do not prove a hazard to birds (i.e., minimal chance of bird strikes). As part of the application, the applicant must submit a site plan showing the proposed location of the tower and/or antenna, as well as its relation to the principal building and any additional accessory structures.

(5)

Antennae and/or towers owned and operated by the Village are exempt from these requirements.

(c)

Arbors or Trellises.

(1)

Arbors and trellises are limited to maximum height of nine (9) feet, a maximum width of six (6) feet and a maximum depth of three (3) feet. The sum of depth in feet and width in feet is limited to eight (8) feet.

(2)

Each surface of an arbor or trellis must be at least fifty percent (50%) open.

(3)

No more than a total of three (3) arbors or trellises, or a combination thereof, is permitted on a lot. No more than one (1) arbor or one (1) trellis is permitted along a single lot line.

(4)

Arbors attached to a principal building may not encroach more than four (4) feet into the required front, side yard adjoining a street, or rear yard, and no more than two (2) feet into the interior side yard. Attached arbors are limited to ten percent (10%) coverage of a front yard. Detached arbors are permitted encroachments in any required yard. Trellises are permitted encroachments in the interior side and rear yards.

(d)

Artificial Turf.

(1)

Artificial turf may not be located in a required front yard, side yard adjoining a street, interior side yard, or rear yard of a double-frontage lot. Artificial turf in the rear yard must be located a minimum of three (3) feet from side and rear lot lines.

(2)

Artificial turf shall be considered an impervious surface.

(3)

For lots where the principal use is a single-family dwelling, the maximum square foot coverage of artificial turf shall be as follows:

a.

A lot area less than seven thousand, five hundred (7,500) square feet: five hundred (500) square feet.

b.

A lot area of seven thousand, five hundred (7,500) to nine thousand, nine hundred ninety-nine (9,999) square feet: seven hundred and fifty (750) square feet.

c.

A lot area of ten thousand (10,000) to fourteen thousand nine hundred ninety-nine (14,999) square feet: one thousand (1,000) square feet.

d.

A lot area of fifteen thousand (15,000) square feet or more: one thousand, five hundred (1,500) square feet.

(4)

For lots where the principal use is a single-family dwelling, no more than twenty-five percent (25%) of total permitted area of artificial turf as provided for in subsection 3 above, may be located within the buildable area of the lot.

(5)

Any area of artificial turf on a lot in excess of the maximum areas allowed may only be authorized as a special use.

(e)

Beach Houses, Boat House, Pool House/Cabana. No more than one beach house, boat house, and pool house/cabana is permitted on a lot.

(1)

A beach house is permitted a maximum area of seven hundred fifty (750) square feet.

(2)

A boat house is permitted a maximum area of seven hundred fifty (750) square feet.

(3)

A pool house/cabana is permitted a maximum area of three hundred (300) square feet.

(f)

Dog Runs. Dog runs shall comply with all applicable Village ordinances including the following:

(1)

Location. Dog runs shall be located a minimum of three (3) feet from any side or rear lot line. Dog runs shall not be located in a front yard or side yard adjoining a street.

(2)

Enclosure.

(A)

Dog runs shall be enclosed with a fence or other enclosure approved by the Community Development, Engineering and Public Works Services, and Community Development Departments.

(B)

Dog runs shall comply with the fence regulations set forth in Section 30-13.4.(f).

(C)

Dog runs shall not utilize or adjoin the neighboring fence on any side.

(D)

The enclosure of a property with a fence shall not constitute a dog run.

(3)

Surfacing. Dog runs shall be constructed so as to permit proper filtering and/or drainage.

(A)

Dog runs may be surfaced with one (1) or more of the following materials:

(i)

Grass; and/or

(ii)

In whole or in part, concrete or other impervious material, the surface of which must pitch to the perimeter when a filtration bed consisting of eight (8) inches of crushed limestone and sand, covered with a four (4) inch layer of gravel, has been installed; and/or

(iii)

In whole or in part, an eight (8) inch layer of crushed limestone and sand, covered by a four (4) inch layer of gravel.

(B)

The area must be properly confined to prevent a washout of the gravel, limestone, and sand.

(C)

Dog runs may not be constructed or surfaced with any absorbent material which may cause nuisance odors or the inability to maintain the area in a sanitary condition.

(D)

Dog runs surfaced with an impervious material must comply with the impervious surface coverage regulations set forth in the zoning district in which they are located.

(4)

Cleaning. Dog runs must be cleaned at least daily or more often as necessary to prevent odors and other nuisances.

(g)

Donation Boxes. Donation boxes are permitted for non-residential uses.

(1)

Only one (1) donation box is permitted per zoning lot. The donation box must be related to and owned by the principal use on the site.

(2)

No donation box may be located in the front yard. Donation boxes may be located in the side yard adjoining a street, interior side or rear yard but must be three (3) feet from any property line. No donation box may be located within a required parking space.

(3)

The area surrounding the donation box must be kept free of any junk, debris or other material.

(4)

Donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti.

(5)

Donation boxes shall be locked or otherwise secured.

(6)

Donation boxes shall contain the following contact information on the front of each donation box: the name, address, email, and phone number of the operator.

(7)

Donation boxes shall be serviced and emptied as needed, but a minimum of every fifteen (15) days.

(8)

Donation boxes shall not exceed five (5) feet in height and sixty (60) cubic feet.

(h)

Eaves.

(1)

Eaves are permitted to encroach no more than four (4) feet into a required front, side yard adjoining a street, or rear yard and no more than two (2) feet in to a side yard.

(2)

Where the line of an existing eave is to be continued, the eave may encroach three (3) feet into a side yard.

(3)

Eaves of detached garages located entirely in the required rear yard may encroach to within one (1) foot of the side and rear lot lines.

(i)

Fences and Walls.

(1)

General Requirements.

(A)

The following fences are prohibited:

(i)

Fences prohibited under Section 8-107 of the Village Code.

(ii)

Fences that do not comply with article 4 of chapter 20 of the Village Code.

(iii)

Wire fences of a gauge lighter than eleven (11).

(iv)

A variation to permit the construction or maintenance of such a fence shall not be granted.

(B)

The finished side of all fences must face the street, alley or abutting property. The finished side of a fence is defined as the smooth side or the side not containing structural supports. If structural elements are an integral part of the fence design, such elements must be centered on the line of the fence.

(C)

Strips or slats are prohibited among the links of a chain link fence.

(D)

Synthetic fiber fences must meet the following requirements:

(i)

Plumbing material is prohibited.

(ii)

All fence material must have color consistency throughout.

(iii)

Any post or horizontal component must have a minimum thickness of a twelfth (0.12) of an inch.

(iv)

All fence material must be recyclable at the conclusion of its useful life.

(E)

Gates shall not overhang any public way including sidewalks, streets, alleys, and parkways.

(2)

Fence Location, Type and Height.

(A)

Fences are permitted in a required front yard, side yard adjoining a street, and rear yard of a double-frontage lot if such fence meets the following standards:

(i)

Fences are limited to a maximum height of four (4) feet, as measured from abutting grade.

(ii)

Fences must be a minimum of fifty percent (50%) open as measured in Section 30-2.5.(k).

(iii)

Chain link fences are prohibited.

(iv)

Finials on support posts are limited to four (4) inches above the finished top of the fence.

(v)

Fence piers are limited to a maximum column width of eighteen (18) inches. Columns must be set no less than eight (8) feet apart on center. However, for residential lots in the R Zoning District that are twenty thousand (20,000) square feet or more in lot area, up to four (4) columns no wider than twenty-four (24) inches and six-and-one-half (6.5) feet in height are permitted in a front yard or side yard adjoining a street.

(vi)

No planter, lamp or similar decorative element that exceeds eighteen (18) inches may be installed above the finished top of the column.

(vii)

Fences requiring a footing must be set back three (3) feet from the property line.

(B)

Solid fences are permitted in interior side yards and rear yards, and are limited to six and one-half (6.5) feet in height. No solid fence is permitted in any required front yard, side yard adjoining the street, or in the required rear yard of a double-frontage lot, unless permitted by Paragraph (C) below.

(C)

A solid fence of up to six and one-half (6.5) feet in height may be permitted in a front yard where the fence adjoins and is parallel to a portion of the streets listed in Table 13-1: Front Yard Solid Fence Exceptions. In addition, such fence is permitted along the interior sides of the front yard of properties listed below.

(D)

A solid fence of up to six and one-half (6.5) feet in height may be permitted in a rear yard, side yard adjoining a street or the required rear yard of a double-frontage lot where the fence adjoins and is parallel to a portion of the streets listed in Table 13-2: Solid Fence Exceptions. In addition, such fence is permitted along the interior sides of the required rear yard of properties listed below.

A solid fence of up to eight (8) feet in height may be permitted in a rear of a double-frontage lot of the properties noted in Table 13-2. No other fence for the properties listed in Table 13-2 may exceed six and one-half (6.5) feet in height.

(1) These properties may have a solid fence, in the rear yard, of up to eight (8) feet in height as permitted in Section 30-13.4(h)(2)(D).

(3)

Free Standing Walls.

(A)

Free standing walls may not be located in a required front yard, side yard adjoining a street or rear yard of a double-frontage lot. A free standing wall may be located in a side yard or rear yard no closer than three (3) feet from a lot line provided it does not exceed three (3) feet in height.

(B)

Any free standing wall must be built upon a footing.

(j)

Garages, Attached and Detached.

(1)

Attached Garages. The following regulations apply only to single-family and two-unit dwellings constructed after the effective date of this Ordinance. Attached garages are not considered an accessory structure but are subject to the regulations of this section for attached garages.

(A)

Front-loaded attached garages are limited to fifty percent (50%) of the width of the front facade of the house or twenty-two (22) feet in width, whichever is greater, as measured along the building line that faces the street.

(B)

Attached front-loaded garages must be located a minimum of five (5) feet behind the main front facade of the house. This measurement is taken from the part of the front facade that is immediately adjacent to the garage, except that the measurement may be taken from the part of the house closest to the street if all of the following conditions are met:

(i)

The front facade of the house is irregular, i.e., the front foundation is not a straight line.

(ii)

The portion closest to the street is actual living space.

(iii)

No measurement may be taken from a porch, bay window, turret or similar architectural feature that protrudes from the facade.

(C)

Sub-paragraphs (A) and (B) above do not apply if more than fifty percent (50%) of the single-family homes on the same block (counting homes on both sides of the street) have garages not meeting the requirements of Sections 30-13.4.(i)(1)(A) and (B) and more than fifty percent (50%) of the single-family homes located within five-hundred (500) feet of the subject property and within the same zoning district do not meet the requirements of Sections 30-13.4.(i)(1)(A) and (B).

(2)

Detached Garages. The following design standards apply to all detached garages.

(A)

Detached garages are limited to the following height maximums:

(i)

A detached garage with a flat roof is limited to a maximum of twelve (12) feet in height as measured from average abutting grade to the peak of the roof.

(ii)

A detached garage with a pitched or mansard roof is limited to a maximum of fifteen (15) feet in height as measured from average abutting grade to the peak of the roof.

(iii)

A detached garage with a pitched roof may be a maximum of eighteen (18) feet in height under the following conditions:

a.

The maximum distance measured from the floor of the garage to the top of the exterior wall framing does not exceed nine (9) feet and four (4) inches.

b.

Dormers or other projections outward from the plane of the roof do not exceed a height of twelve (12) feet above average abutting grade.

(iv)

A detached garage with a pitched roof may be a maximum of twenty (20) feet in height under the following conditions:

a.

The pitch and the roof type of the garage roof equals the primary roof pitch and roof type of the principal structure subject to review by the Zoning Administrator.

b.

The maximum distance measured from the floor of the garage to the top of the exterior wall framing does not exceed nine (9) feet and four (4) inches.

c.

Dormers or other projections outward from the plane of the roof do not exceed a height of twelve (12) feet above average abutting grade.

(v)

A detached garage with a cross gable is limited to fifteen (15) feet in height above average abutting grade.

(B)

The area above the vehicle parking spaces in a detached garage may not contain a kitchen or sleeping area.

(C)

Detached garages on lots less than fifteen thousand (15,000) square feet in lot area are limited to six hundred (600) square feet in area. Detached garages on lots fifteen thousand (15,000) square feet or more in lot area are limited to eight hundred (800) square feet in area. However, a detached garage for a townhouse development in the R2 or R3 District is limited to four hundred (400) square feet of area per dwelling unit. Request for relief from this section is treated as a special use. Additional area for detached garages above that permitted by this Ordinance is a special use.

(D)

No garage located in the R, R1, R2, or PCD-1 District shall contain spaces for more than four (4) vehicles.

(E)

Detached garages are permitted in the rear yard and must be located a minimum of three (3) feet from any lot line. Detached garages must be located a minimum of ten (10) feet from the principal building on a lot. These distances are measured from the finished walls of the structures.

(k)

Home Occupations.

(1)

The home occupation must be conducted entirely within the dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes.

(2)

A home occupation may not be established prior to the member(s) of the family who are conducting the home occupation taking possession of, and residing in, the dwelling.

(3)

No person other than a family member residing on the premises may be employed by or engaged in part of a home occupation.

(4)

Vehicular traffic and on-street parking must not be increased by the home occupation.

(5)

The receipt, sale or shipment of deliveries is not permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods.

(6)

A home occupation must not generate noise, solid waste, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory or heavy equipment is permitted.

(7)

No exterior alteration that changes the residential character of the principal building is permitted.

(8)

No home occupation may provide service or instruction simultaneously to a group of more than four (4) persons while such persons are present in the dwelling unit.

(9)

Any type of motor vehicle service and repair is a prohibited home occupation.

(10)

Day care homes are not considered a home occupation, but rather a principal use.

(l)

Mechanical Equipment.

(1)

In all districts, all mechanical equipment including, but not limited to, heating, ventilating and air-conditioning (HVAC) units, may not be located in a required front yard, side yard adjoining a street or rear yard of a double-frontage lot. When located in an interior side yard or rear yard, such equipment may be no closer than ten (10) feet from a lot line.

(2)

All ground-based mechanical equipment that is located between the principal building and a street must be screened from the street by non-deciduous landscaping or conforming fencing.

(3)

Double-stacked mechanical equipment, i.e., condenser units stacked vertically, is prohibited for single-family, two-unit, townhouse/stacked flat dwellings in a residential district.

(4)

Any mechanical equipment located on the roof of any structure must be located at least six (6) feet from any supporting wall of the building to permit safe access to the roof, and must be screened by an architectural element of the roof.

(m)

Outdoor Fireplaces and Fire Pits.

(1)

The chimney height on an outdoor fireplace shall not exceed fifteen (15) above average abutting grade. Fire pits shall not have a chimney.

(2)

The outdoor fireplace and fire pit may not be located in a required front yard, side yard adjoining a street, or rear yard of a double-frontage lot.

(3)

The outdoor fireplace and fire pit shall comply with article XVII of chapter 12 of the Village Code.

(n)

Outdoor Kitchenettes. In all residential districts, outdoor kitchenettes must comply with the required front yard, side yard adjoining a street, and interior side yard setback requirements. When located entirely within the rear yard, an outdoor kitchenette may encroach no closer than three (3) feet to a lot line.

(o)

Outdoor Display and Sales Areas - Accessory.

(1)

All business operations must be conducted within a completely enclosed building, except for 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 (15) feet of the principal building, is not located on public property or within a public right-of-way, and does not occupy or interfere with the use of required parking spaces and aisles.

(2)

Vending machines located outside of the principal building are prohibited.

(p)

Permanently Installed Stand-By Generators.

(1)

The sound rating value of stand-by generators in any residential district is limited to seventy (70) decibels at the receiving lot line under normal load. The owner must maintain the generator so that this sound level is not exceeded during its operation. However, all permanently installed stand-by generators are exempt from the noise performance standard of this Ordinance when operated during power outages.

(2)

In a residential zoning district, an electrical stand-by generator must be installed a minimum of fifteen (15) feet from any side or rear lot line or five (5) feet from any side or rear lot line abutting a public alley. However, on a residential lot less than thirty (30) feet in width, the generator may be installed at the point closest to equidistant between the side lot lines that does not interfere with ingress and egress to the dwelling or a garage. All such units must be installed at ground level only with exhaust ports oriented away from adjacent property.

(3)

In a non-residential zoning district, an electrical stand-by generator must be installed no less than five (5) feet from any lot line.

(4)

Permanent stand-by generators may be operated for testing purposes one (1) time for a period not to exceed thirty (30) minutes in any seven (7) day period. Testing of stand-by generators in all residential districts must take place between 9:00 a.m. and 11:00 a.m. Monday through Friday.

(5)

All permanent stand-by generators must be installed in accordance with the requirements of the Village Code.

(q)

Porches.

(1)

Open porches may encroach six (6) feet into any required front, side yard adjoining a street or rear yard. Steps attached to open porches in any required front or side yard adjoining a street may encroach an additional three (3) feet from the edge of the porch, for a maximum encroachment of nine (9) feet (six (6)-foot porch plus three (3)-foot step encroachment).

(2)

Open porches may encroach two (2) feet into an interior side yard. Steps attached to open porches in an interior side yard may encroach an additional three (3) feet into an interior side yard but in no event have a side yard setback less than three (3) feet.

(3)

Porches may not cover more than ten percent (10%) of the front yard.

(4)

Stoops are not considered porches.

(5)

A roof line that is the continuous extension of a porch roof shall be considered part of the porch for setback, floor area, and lot coverage porch bonus, and floor area porch bonus purposes.

(r)

Retaining Walls.

(1)

Retaining walls must be located at least one (1) foot from any property line and shall not encroach into any public right-of-way.

(2)

Retaining walls, including the terracing of retaining walls for landscaping effect, shall be limited to two (2) feet in height. Retaining walls over two (2) feet in height shall be permitted only if approved by the Village Engineer.

(3)

Retaining walls that exist as of the effective date of this Ordinance may be repaired and replaced, so long as there is no increase in height.

(s)

Satellite Dish Antennas. Regulations in this subsection are imposed to the extent permissible under the Over the Air Reception Device Rule (OTARD) of the Federal Communications Commission.

(1)

General Requirements.

(A)

Satellite dish antennas must be permanently installed on a building, in the ground or on a foundation, and not mounted on a portable or movable structure.

(B)

Subject to operational requirements, the dish must be of a neutral color, such as white or grey, and blend with the surroundings as best as possible. No additional signs or advertising are permitted on the satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.

(C)

Cables and lines serving ground-mounted satellite dish antennas must be located underground.

(D)

Compliance with all federal, state and local regulations is required in the construction, installation and operation of satellite dish antennas.

(E)

All exposed surfaces of the antenna must be kept clean and all supports must be painted to maintain a well-kept appearance.

(F)

Antennas no longer in use must be removed.

(2)

Small Satellite Dish Antennas (One (1) Meter or Less in Diameter). Small satellite dish antennas, which are one (1) meter or less in diameter (thirty-nine and three-eighths (39-3/8) inches), are subject to the general requirements of Paragraph (1) above. Every effort must be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

(3)

Large Satellite Dish Antennas (More than One (1) Meter).

(A)

Residential Districts.

(i)

Large satellite dish antennas are permitted only in the rear yard of residential districts, and must be setback a distance from all lot lines that is equal to the height of the dish, but in no case less than five (5) feet from any lot line.

(ii)

A large satellite dish antenna must be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening includes fences and landscape located to conceal the sides and rear of the antenna and its support structure. Landscape must be, at minimum, five (5) feet tall at the time of installation.

(B)

Non-Residential Districts.

(i)

A large satellite dish antenna is permitted only in the rear or interior side yard and setback, and must be setback a distance from all lot lines that is equal to the height of the dish, but in no case less than five (5) feet from any lot line.

(ii)

Roof-mounting is permitted only if the satellite dish antenna is in scale with the overall building mass and location, and must be screened by an architectural feature. The bottom of the satellite dish antenna may not be more than two (2) feet above the roof. The visible portion of the dish must not comprise more than twenty-five percent (25%) of the corresponding height or width of the screen.

(iii)

Ground-mounted satellite dish antenna must provide screening, which includes fencing or landscape to accomplish the following:

a.

All ground-mounted accessory equipment and the lower part of the support structure must be completely screened.

b.

Where feasible, trees must be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.

(t)

Sheds and Greenhouses.

(1)

Sheds and greenhouses may not be located in a required front yard, side yard adjoining a street, interior side yard or rear yard of a double-frontage lot. When located in a rear yard, sheds and greenhouses may be no closer than three (3) feet from a lot line.

(2)

Sheds and greenhouses must be located a minimum of ten (10) feet from the principal building and a minimum of four (4) feet from any other roofed accessory structure.

(3)

The structures are limited to ten (10) feet in height.

(u)

Solar Energy Systems.

(1)

A solar energy system is subject to the following development and design standards:

(A)

A solar energy system may be building- or ground-mounted, or integrated into a building.

(B)

Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

(C)

All power transmission lines from a ground-mounted solar energy system to any structure must be located underground.

(D)

Advertising, including signs, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials are prohibited. Only manufacturer and equipment information, warning signs or ownership information is permitted on any equipment of the solar energy system.

(E)

A solar energy system connected to the utility grid must provide written authorization from the local utility company acknowledging and approving such connection.

(2)

Building-Mounted Systems.

(A)

A building mounted system may be mounted on a principal building or accessory structure in the following locations:

(i)

When mounted on a roof:

a.

The solar panel system is limited to one (1) foot above the maximum building height of the zoning district for the building type (principal building or accessory structure). Height is measured from the roof surface on which the system is mounted to the highest edge of the system.

b.

The solar panel system must meet the required setbacks of the structure it is placed upon.

c.

1. The panels should be located no higher than three (3) feet below the ridge to allow for smoke ventilation.

2.

Panels should be located in a manner that provides one (1) three (3)-foot wide clear access pathway from eave to the ridge on each roof slope where modules are located.

Modules adjacent to a Hip or Valley shall provide one and a half (1.5) foot of clearance on both faces if modules are located on both sides, but may be placed directly adjacent to a hip or valley if modules only occupy one side.

3.

A three (3)-foot perimeter should be observed around a solar panel system placed on a flat roof, pitch of 2:12 or less.

d.

The Fire Chief or his/her designee may grant exceptions to the requirements contained under Section (t)(2)(A)(i)c.1., 2. and 3. above where access, pathway or ventilation requirements are reduced due to:

•

Proximity and type of adjacent exposures.

•

Alternative access opportunities (as from adjoining roofs).

•

Ground level access to the roof area in question.

•

Adequate ventilation opportunities beneath solar array (as with significantly elevated or widely-spaced arrays).

•

Adequate ventilation opportunities afforded by module set back from other rooftop equipment (example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment).

•

Automatic ventilation device.

•

New technology, methods, or other circumstances that ensure adequate fire department access, pathways and ventilation opportunities.

(ii)

When mounted on a facade:

a.

Side and rear building facades.

b.

Front or corner building facades provided that systems are simultaneously used to shade the structure's windows.

c.

Solar panels may project up to two (2) feet from a facade.

(3)

Building Integrated Photovoltaic Solar Energy Systems. Building integrated photovoltaic solar energy systems will be allowed on all building facades and roof sides provided the building component in which the system is integrated meets all required setbacks for the district in which the building is located.

(4)

Free Standing Systems.

(A)

A free standing system is permitted only in the rear yard and must be setback a minimum of five (5) feet from any lot line.

(B)

A free standing system must not exceed the maximum fifteen (15) feet above adjacent grade.

(C)

Single-family residential lots twenty thousand (20,000) square feet or less in size are limited to a total of one hundred (100) square feet in area of panels. Single-family residential lots over twenty thousand (20,000) square feet are limited to a total of two hundred (200) square feet in area of panels.

(v)

Sport Courts.

(1)

Sport courts for all lots where the principal use is not a single-family dwelling are permitted uses; except as provided in this Section.

(2)

Sport courts where the principal use is a single-family dwelling are a special use, except as provided in this Section.

(3)

Sport courts are a permitted use for lots where the principal use is a single- family dwelling, and the maximum size of a sport court does not exceed the square footage as follows:

(A)

For lots with an area of less than seven thousand, five hundred (7,500) square feet, a sport court shall not exceed five hundred (500) square feet.

(B)

For lots with an area of seven thousand, five hundred (7,500) to nine thousand, nine hundred ninety-nine (9,999) square feet, a sport court shall not exceed seven hundred and fifty (750) square feet.

(C)

For lots with an area of ten thousand (10,000) to fourteen thousand nine hundred ninety-nine (14,999) square feet, a sport court shall not exceed one thousand (1,000) square feet.

(D)

For lots with an area of fifteen thousand (15,000) square feet or more, a sport court shall not exceed one thousand, five hundred (1,500) square feet.

(E)

A sport court, no matter the square footage of the lot, where the principal use is a single-family dwelling, shall not be located in more than twenty-five percent (25%) of the buildable area of the lot.

(4)

Any sport court that is an unusual recreational use, even if such sport court meets the permitted use standards of this Section, shall be a special use.

(w)

Swimming Pools, Spas and Hot Tubs. All swimming pools, spas, and hot tubs must be reviewed and approved in administrative zoning review, and must comply with the requirements of the Village and the following standards:

(1)

Swimming pools, spas, hot tubs and related pumping and filtering equipment are permitted in the rear yard. The swimming pool, spa, hot tub or related equipment shall not be located between the principal building and a street.

(2)

The pumping and filtering equipment must be located fifteen (15) feet from any lot line. However, on a lot that is less than thirty-five (35) feet wide, such equipment may be installed at a point approximately equidistant from the side lot lines.

(3)

The required setbacks for swimming pools shall be increased by one (1) foot for each foot that the swimming pool projects above grade.

(4)

The swimming pool, spa, hot tub and all related equipment must be sited to meet the following standards:

(A)

Water will not drain onto adjacent properties.

(B)

There is minimal visual and noise impact on adjacent properties.

(C)

All lighting for the swimming pool, spa or hot tub is oriented away from or shielded from adjacent properties.

(x)

Tents. Small tents customarily used for recreational purposes are permitted and must be located in the rear yard. Tents for entertainment, promotional or assembly purposes are permitted as an accessory use for no longer than five (5) days and must be in conjunction with a special event of a use located on the same lot. Tents must be removed within two (2) days of the end of the event for which it was erected, but in no case may a tent be in place for longer than five (5) days. Unless waived in writing by the Zoning Administrator, every tent shall comply with the bulk requirements applicable to accessory structures. Additionally, the size and location of tents may be restricted where it is determined that it creates parking and/or access problems on the site.

(y)

Tree Houses, Play Houses and Play Ground Equipment.

(1)

Tree houses and play houses may not be located in a required front yard, side yard adjoining a street, interior side yard or rear yard of a double-frontage lot. When located in a rear yard, tree houses and play houses may be no closer than three (3) feet from a lot line.

(2)

Tree houses and play houses are limited to fifteen (15) feet in height above adjacent grade and may not exceed one hundred fifty (150) square feet in area.

(3)

Play houses must be located a minimum of ten (10) feet from the principal building and a minimum of four (4) feet from any other roofed accessory structure.

(z)

Unusual Recreation Use.

The following shall be considered unusual recreational uses:

(1)

Sport courts with fencing or netting at height in excess of that permitted by Section 13.4.H.

(2)

Batting cages of any size, regardless if the use of the batting cage has a mechanical component or not.

(3)

Pickleball, when such activity is:

a.

Occurring more than 4 hours within a day; or

b.

Occurring on a location where the surface is stripped, marked, or netted for such use.

(4)

Ice skating or hockey rinks are customarily installed as a non-temporary structure, which are not easily removed or altered without additional equipment or increased workforce.

(5)

Any ice skating or hockey rink, including temporary rinks, with surrounding boards grater than one foot (1') in height.

(6)

Any equipment, where by the installation and character of the equipment does not reflect the scale and location of facilities generally accepted as usual and customary in single-family detached residence districts.

(7)

Any use or activity where by the level and duration of noise produced by the equipment, use of such equipment, or activity, that does not reflect that which is accepted as usual and customary in single-family detached residence districts.

(aa)

Wind Turbines.

(1)

General Requirements.

(A)

The sound levels of the wind turbine may not exceed the decibel sound limits in the zoning district in which the wind turbine is located.

(B)

Wind turbines must be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than thirty (30) hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker must be addressed either through siting or mitigation measures.

(C)

Advertising, including signs, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials are prohibited. Only manufacturer and equipment information, warning signs or ownership information is permitted on the wind turbine and equipment.

(D)

A wind turbine connected to the utility grid must provide written authorization from the local utility company acknowledging and approving such connection.

(E)

The wind turbine must comply with all applicable Federal Aviation Administration (FAA) regulations and all state and local regulations.

(2)

Building-Mounted Wind Turbines. Wind turbines may be mounted on principal buildings and accessory structures, subject to the following:

(A)

The maximum height of any wind turbine mounted on a detached accessory structure or upon a principal structure is the height limit of the applicable zoning district.

(B)

The maximum height is calculated as the total height of the turbine system including the tower, and the maximum vertical height of the turbine's blades. Maximum height therefore is calculated measuring the length of a blade at maximum vertical rotation to the base of the tower.

(C)

No portion of exposed turbine blades may be within twenty (20) feet of the ground. Unexposed turbine blades may be within ten (10) feet of the ground. Blades and tail vane must be a minimum of ten (10) feet from utility lines in all wind directions.

(3)

Ground-Mounted Systems.

(A)

The maximum height of any ground-mounted wind turbine (a tower) is the height limit of the applicable zoning district. Additional height may be granted as a special use if the tower needs additional height to exceed the tree canopy.

(B)

The maximum height of any ground-mounted wind energy system is measured from grade to the length of a prop at maximum vertical rotation.

(C)

No portion of exposed turbine blades may be within twenty (20) feet of the ground. Unexposed turbine blades may be within ten (10) feet of the ground. Blades and tail vane must be a minimum of ten (10) feet from utility lines in all wind directions.

(D)

Ground-mounted wind turbines may be located in the rear yard only. A ground-mounted tower must be set back from all lot lines equal to one hundred ten percent (110%) of the height of the tower. Additional equipment outside of the tower, including guy wire anchors, must be ten (10) feet from any lot line.

(E)

To reduce the visual impacts of a tower, the following standards must be met:

(i)

The applicant must demonstrate that the wind turbine's visual impact will be minimized for surrounding neighbors and the community. This may include, but is not limited to, siting, wind generator design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

(ii)

The color of the small wind energy system must either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include, but are not limited to, white, off-white or gray.

(iii)

Artificial lighting is prohibited unless such lighting is required by the Federal Aviation Administration (FAA).

(iv)

All electrical wires associated with a ground-mounted wind turbine, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be located underground.

(bb)

Window Wells.

(1)

Window wells may encroach up to three (3) feet into any yard but no closer than two (2) feet from a lot line.

(2)

When more than one (1) window well is installed along a wall, each shall be separated at least three (3) feet from one another.

(3)

Window wells shall comply with the provisions of the building code for an emergency escape window.

(Code 1993, § 20-13.4; Ord. No. 2014-O-58, 11-11-2014; Ord. No. 2014-O-65, 11-11-2014; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2017-O-59, 10-10-2017; Ord. No. 2021-O-70, §§ 2, 3, 11-9-2022; Ord. No. 2023-O-33, § 2, 7-11-2023)

(a)

An encroachment is the extension or placement of any structure or building, or component of such, into a required yard. Additional restrictions on permitted encroachments, including additional location requirements and dimensional regulations, can be found in Section 30-13.4 (Accessory Structures and Uses) above and are referenced within the following table. Permitted encroachments are found in Table 13-5: Permitted Encroachments.

(b)

All encroachments must be a minimum of three (3) feet from all lot lines, except for arbors, awnings, driveways, eaves, fences, retaining walls, sidewalks, signs, trellises, and window wells.

(c)

All encroachments shall be measured from the finished exterior face or edge of the component to the lot line.

(d)

Height Encroachments. The following structures and equipment that project upward from the roof of the principal building on the lot may be erected up to the designated number of feet above the basic height limit for the zoning district:

(1)

Chimneys and firewalls: three (3) feet above the height limit.

(2)

Skylights, ventilation fans, and heating and air conditioning equipment: six (6) feet above the height limit.

(3)

Elevator and stairway housings: twelve (12) feet above the height limit.

(4)

Parapets: two (2) feet above the height limit.

(5)

Solar panels: one (1) foot above the height limit.

(Code 1993, § 20-13.5; Ord. No. 2014-O-65, 11-11-2014; Ord. No. 2015-O- 13, 4-14-2015; Ord. No. 2017-O-59, 10-10-2017; Ord. No. 2023-O-33, 7-11-2023; Ord. No. 2024-O-35, § 4, 6-11-2024)

Temporary uses and structures may be approved either by the Zoning Administrator or the Village Board in accordance with this section.

(a)

Temporary Use or Structure Permit.

(1)

Any temporary use or structure requires a temporary use or structure permit issued by the Zoning Administrator or Village Board, as appropriate. This permit does not override or substitute for any other section of this Ordinance or the Village Code that requires another type of permit, certificate or approval for the use or structure.

(2)

An application for a temporary use or structure permit must be filed with Zoning Administrator.

(3)

A temporary use or structure permit is valid for a period of no more than six (6) months. An applicant may request an extension of the permit period by filing a letter stating the reasons for the request with the Zoning Administrator. The Zoning Administrator will transmit the letter to the Village Board, who, at a regular meeting, may grant the request for good cause shown by the applicant.

(4)

An applicant who requests a temporary permit for a structure or use of more than five (5) days must give written notice to the owners and occupants of lots within two hundred and fifty (250) feet of the property lines of the lot for which the application has been filed, to be delivered by hand or by mail in accordance with the notice requirements of Section 30-4.3 (Notice).

(5)

The Zoning Administrator may require an applicant to give written notice for a structure or activity that will continue for five (5) days or less when the Zoning Administrator reasonably determines that the proposed structure or activity is of such scope or magnitude that it will impact the surrounding neighborhood due to temporarily increased traffic, parking, noise, artificial sound or lighting, or other effects warranting prior notice to affected properties.

(6)

In issuing a temporary use or structure permit, the Zoning Administrator or Village Board, as applicable, may attach additional conditions to the issuance of the permit as are deemed appropriate and necessary to achieve the purposes of this Ordinance.

(b)

Temporary Uses and Structures Subject to Administrative Approval. The Zoning Administrator may issue a temporary use or structure permit for the following temporary uses and structures:

(1)

A temporary use that is conducted entirely indoors for no more than five (5) days, upon finding that the temporary use complies with all other Village ordinances and will not be noticeable outside of the structure in which it is conducted.

(2)

A temporary construction trailer or an equipment storage shed, provided that:

(A)

The trailer or shed is accessory to the construction of a building or other development.

(B)

The trailer or shed is located on the same lot as the building or development.

(C)

The trailer or shed remains on the property no longer than the time of the construction but not longer than six (6) months.

(D)

The trailer or shed will be located no closer than twenty (20) feet from any other property located in a residential district.

(E)

The trailer or shed will be located no closer than three (3) feet from any lot line.

(3)

Commercial film production, conducted in accordance with the Village Code.

(4)

Any temporary use or structure substantially similar to any temporary use or structure under [section] 20-13.6.(c) that has been approved by the Village Board a minimum of three (3) times consecutively in the immediate past ten (10) years that such a request has been made. Such requests that require public notice under Section 30-4.3.(b)(4) may be approved by the Zoning Administrator without notice provided they have been previously approved by the Village Board as described above. Such administrative approval is at the discretion of the Zoning Administrator.

(c)

Temporary Uses and Structures Subject to Village Board Approval. The Village Board may issue a temporary use or structure permit for the following temporary uses, and any other temporary uses and structures not otherwise specified in this section:

(1)

Any temporary use or structure that continues for more than five (5) days.

(2)

Construction trailers and equipment storage sheds that do not comply with one (1) or more requirements of section 30-13.6.(b) above.

(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 (50) feet from any structure on another lot.

(D)

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

(E)

A refundable bond, in an amount established by the Village, is posted with the Village.

(4)

Carnivals/circuses, provided that:

(A)

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

(B)

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

(C)

The operation will be located entirely on private property.

(5)

The following temporary retail uses:

(A)

Vendors' carts and stalls, based on the adequacy of traffic access and the absence of undue adverse impact on other properties.

(B)

Art, craft, book, and produce/farmers markets.

(C)

Sidewalk sales.

(D)

Garage and yard sales not to exceed a total of five (5) days per calendar year.

(6)

Tents used for public assembly, display or sales in excess of five (5) days.

(Code 1993, § 20-13.6; Ord. No. 2015-O-13, 4-14-2015)

All uses and activities must comply with the environmental performance standards established in this section unless any federal, state, county or local law, ordinance or regulation establishes a more restrictive standard, in which case, the more restrictive standard applies.

(a)

Noise.

(1)

No activity may generate a level of sound on another property greater than that allowed under the Noise Regulations of the State of Illinois, adopted by the State Pollution Control Board pursuant to the Environmental Protection Act, as amended.

(2)

No activity may generate a level of sound on another property that violates any applicable provision of Chapter 16 (Nuisances) of the Village Code.

(3)

No activity, other than those specified in Paragraph (4) below, may be conducted in such a manner that it generates a level of sound on another property which is greater than the A-weighted sound level set forth in Table 13-3: A-Weighted Sound Limits.

(4)

The limits set forth in Table 13-3 do not apply to the following:

(A)

Noises not directly under the control of the owner or occupant of the property.

(B)

Noises emanating from construction, repair and maintenance activities pursuant to the Village Code.

(C)

Noises emanating from safety signals, warning devices, and emergency pressure relief valves.

(D)

Transient noises emanating from moving sources, such as trucks, automobiles, airplanes and railroads.

(E)

Noises emanating from heating, ventilation, or air conditioning equipment provided the size of the equipment does not exceed five (5) tons.

(F)

Noises emanating from permanently installed stand-by generators conducting weekly testing in accordance with this Ordinance and operating in normal mode during a power outage.

(b)

Glare and Heat.

(1)

No activity may be conducted so that direct or indirect illumination from a source of light causes illumination in excess of one-half (0.5) footcandles, as measured at the receiving lot line of any district.

(2)

However, when street lighting produces illumination in excess of one (1) footcandle at a particular point in a residential zoning district, the contribution by light sources from any property in a non-residential zoning district, as measured at the same point, must not exceed fifty percent (50%) of the street lighting.

(3)

Flickering or intense sources of light must be controlled or shielded so as not to cross lot lines.

(4)

No heat from any operations of any use may be detectable at any point off the zoning lot on which the use is located.

(c)

Vibration. No earthborn vibration from any operations of any use may be detectable at any point off the zoning lot on which the use is located.

(d)

Air Pollution and Odor.

(1)

Any activity that involves the emission of smoke, particulate matter or other air pollutants must comply with all applicable standards set forth by state and federal statutes and regulations regarding the emission of air pollutants. Any such land use or other activity must also obtain and maintain all necessary licenses and permits from the appropriate state and federal agencies, such as the United States Environmental Protection Agency and the Illinois Environmental Protection Agency.

(2)

No activity may be conducted in such a manner that it generates any odor that violates Chapter 16 (Nuisances) of the Village Code.

(e)

Electromagnetic Interference. Electromagnetic interference from any operations of any activity must not adversely affect the operation of any equipment located off the zoning lot.

(f)

Fire and Explosive Hazards.

(1)

All flammable solid, liquid and gaseous substances must be stored and used in accordance with all applicable federal, state, and local statutes and regulations.

(2)

The storage or use of solid materials or products ranging from incombustible to moderate burning is permitted in non-residential districts only.

(3)

The storage or use of solid materials or products ranging from free or active burning to intense burning is permitted in non-residential districts only, provided that either one (1) of the following two (2) conditions is met:

(A)

Solid materials or products must be stored and used within completely enclosed buildings having no less than two (2) hour fire resistant exterior walls and protected with an automatic fire extinguishing system.

(B)

Solid materials or products stored outdoors must be a minimum of fifty (50) feet from the nearest lot line.

(4)

The storage or use of flammable liquids is permitted in conjunction with any non-residential use up to the amounts set forth in Table 13-4: Total Capacity of Flammable Materials, exclusive of storage of finished products in original sealed containers, which is unrestricted. When flammable gases are stored or used, and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure must not exceed thirty (30) times the quantities listed in Table 13-4.

(5)

Storage tanks for flammable liquids and gasses must be a minimum of fifty (50) feet from any lot line.

(6)

Any activity involving the storage or use of materials or products that decompose by detonation is prohibited in any district, unless specifically licensed by the Village. Such materials include, but are not limited to, the following:

(A)

All primary explosives, such as lead azide, lead styphnate, fulminates, and tetracene.

(B)

All high explosives, such as TNT, RDX, HMX, PETN, and picric acid.

(C)

Propellants, and the components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives.

(D)

Pyrotechnics and fireworks, such as magnesium powder, potassium chlorate, and potassium nitrate.

(E)

Blasting explosives, such as dynamite and nitroglycerine.

(F)

Unstable organic compounds, such as acetylides, tetrazoles, and perchloric acid.

(G)

Perchlorates.

(H)

Chlorates.

(I)

Hydrogen peroxide in concentrations greater than thirty-five percent (35%).

(J)

Nuclear fuels, fissionable materials, and products and reactor elements, such as Uranium 235 and Plutonium 239.

(g)

Special Hazards. Any activity that involves the use of toxic, hazardous or radioactive materials must comply with all applicable standards set forth in state and federal statutes and regulations regarding the use, storage, transportation, emission, and disposal of such materials. Any such activity must obtain and maintain all necessary licenses and permits from the appropriate State and Federal agencies, such as the United States Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Department of Nuclear Safety.

(Code 1993, § 20-13.7)