Woodridge City Zoning Code
CHAPTER 3
GENERAL ZONING PROVISIONS
9-3-1: INTRODUCTION AND PURPOSE:
A. Scope. All new structures shall conform to the bulk regulations established in this Section and for the zoning district in which the structure is located. Further, no existing structure shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the regulations of this Section and this Title 9: Zoning Regulations based on the zoning district in which the structure is located.
B. Concurrence with Comprehensive Plan. The Woodridge Comprehensive Plan, adopted May 17, 2007, shall provide guidance in the approval of all developments considered under this Title 9: Zoning Regulations of the Village of Woodridge, IL Code of Ordinances.
C. Maintenance: The maintenance of yards, open space, minimum lot area and other bulk regulations legally required for a structure shall be a continuing obligation of the property owner as long as the structure and lot are existence. Further, no required yards, open space, minimum lot areas or other bulk regulations allocated for any structure shall, by virtue of a change in ownership or for any other reason, be used to satisfy yard, open space, minimum lot area or other bulk requirements for any other structure or lot.
D. Nonconformities: Any nonconforming principal or accessory buildings, structures and uses lawfully existing at the effective date of this Title may be continued, subject to the provisions of Chapter 9
: Nonconforming Lots, Buildings, Structures, and Uses of this Title. (Ord. 2024-6, 3-7-2024)
9-3-2: LOTS:
A. Number of Buildings on a Lot: No more than one principal building shall be permitted on a lot except as otherwise provided for a Planned Development as approved in keeping with Chapter 6: Zoning Administration and Enforcement.
B. Division of Lots: No lot shall be divided into two (2) or more lots unless all resulting lots conform with all the applicable bulk regulations of the zoning district in which the lot is located.
C. Access to Public Streets. Every lot shall abut and have access to an existing public street, and every principal building or garage constructed shall be located and designed for vehicles and pedestrians to safely reach a public street.
D. Yards:
1. All required yards associated with a structure shall be located on the same lot as such structure.
2. The right-of-way of any public roadway, public alley, or public accessway that exists by dedication, recorded easement, or prescription, and is located on a lot shall not be included as part of the required yard setback.
3. All yards associated with a structure or use existing on the effective date hereof shall be maintained to the standards set forth in the zoning district in which the lot is located. Any lots not meeting those requirements shall be subject to the requirements of Chapter 9
: Nonconforming Lots, Buildings, Structures, and Uses. (Ord. 2024-6, 3-7-2024)
9-3-3: PERMITTED ACCESSORY BUILDINGS, STRUCTURES AND USES:
A. Accessory buildings, structures and uses are permitted in accordance with the following:
1. Accessory buildings, structures and uses shall be built, moved or remodeled, established, altered or enlarged only in keeping with the requirements of this Section 9-3-3, this Title and the Village Code.
2. Accessory uses are permitted in any zoning district in connection with any principal use that is permitted within that district.
3. Accessory buildings, structures and uses shall comply with all applicable zoning district regulations in this Title.
B. Regulations for Detached Accessory Structures: Detached accessory structures are permitted in accordance with the following:
1. Except as specified in Section 9-3-3-F or elsewhere in this Title, no accessory building, structure, or use shall be located within any required yard or forward of the principal building, structure, or use on the same lot.
2. Detached accessory structures may not be located in any easement.
3. All detached accessory structures located in a rear yard may cumulatively cover no more than forty percent (40%) of the required rear yard.
4. Detached accessory structures shall comply with the height limitations of the zoning district in which they are located, provided that:
a. They comply with the encroachment regulations in section 9-3-3.E, and with height and area regulations of the district in which they are located.
b. The accessory buildings or structures do not exceed the height of the principal building or structure.
c. Carwashes and gas station canopies may exceed the height of the principal structure.
C. Garages used for Single-Family Residences:
1. An attached garage shall comply with all zoning district regulations applicable to the principal building, structure or use to which it is accessory and shall have a maximum gross floor area of one thousand (1,000) square feet or fifty percent (50%) of the gross floor area of the first floor living space, whichever is greater.
2. A detached garage shall not exceed six hundred and sixty (660) square feet.
3. The maximum cumulative width of all garage doors facing any right-of-way shall be twenty-seven feet (27').
4. If a garage is converted to living space, then the driveway leading to the former garage must be removed and landscaped, and the curb cut must be restored.
5. Garages must be fully accessible by way of a driveway.
D. Free Libraries:
1. Permitted as accessory uses only to residential uses in a residential zoning district.
2. Free Libraries are accessory structures for the purpose of storing books for exchange within neighborhoods and for the general public and promoting access to reading materials.
3. Such accessory structures shall not be allowed in the public right-of-way, or in any easements.
4. Free Libraries shall not exceed four (4) square feet, nor exceed five feet six inches in height from ground level to the top of the structure, and shall not have less than two feet (2') between the ground and the bottom of the structure.
5. Installing such structures shall require a building permit.
6. Free Libraries shall be a permitted encroachment in the front yard and shall be located at least one foot (1') off the property line.
7. If a rear or side yard is directly adjacent to a pedestrian path, the free library may be a permitted encroachment in the yard and shall be located at least one foot off of the property line.
E. Detached Carports:
1. Permitted in all zoning districts except R-1, R-2, and R-3.
2. Maximum Height: fourteen feet (14').
3. Signage may not be affixed to the structure or integrated into the structure design.
4. Roof of carport may be equipped with solar energy systems in accordance with section 9-3-11 of this chapter.
5. Must comply with all applicable lighting requirements as in compliance with Section 9-10-8.
F. Permitted Encroachments:
1. Accessory structures shall be permitted to encroach in designated yards (F = front yards and exterior side yards adjoining streets; S = interior side yards; and R = rear yards) of a zoning lot as indicated in Table 3-1 below.
2. Unless otherwise stated, accessory structures must be a minimum of three feet (3') from rear and interior side lot lines, and may not be permitted in front and exterior side yards.
3. Additional Standards for Permitted Encroachments:
a. Arbors, trellises, and pergolas may not exceed twelve feet (12') in height and twenty feet (20') in width.
b. Architectural entrance features may not exceed fifteen feet (15') in height and shall meet sight triangle requirements.
c. Awnings for business and commercial use must be at least eight feet (8') above the ground over which it is installed.
d. Baseball/softball dugout shelters shall be located a minimum of twenty feet (20') from the rear lot line and outside of the required landscape yard.
e. Compost bins shall be:
(1) No larger than one hundred and twenty-five (125) cubic feet.
(2) No taller than five feet (5') in height.
(3) Designed to hold compostable material in such a way as to not allow the material to be windblown.
(4) Made from one (1) or a combination of the following materials: snow fence, woven wire, brick or cement block, wood or prefabricated plastic.
(5) Located no closer than twenty feet (20') to a principal structure on an adjacent property.
f. Flagpoles: Up to three (3) flagpoles may be permitted per lot in the RBC and ORI Zoning Districts. In all other zoning districts one (1) flagpole is permitted per lot. Flagpoles may exceed the height of the principal building by up to ten feet (10') or a maximum height of twenty-five feet (25'), whichever is less. Flagpoles must be setback at least one foot (1') from any lot line.
g. Playhouses shall not exceed one hundred (100) square feet.
h. Sheds or other storage buildings shall not exceed two hundred (200) square feet in size.
i. Stoops encroaching into required yards shall be uncovered, used as a
required means of egress, and shall not exceed 64 square feet in total area.
j. Swimming pools, hot tubs or spas and their associated structures and equipment, shall be located a minimum of six feet (6') from any property line and meet all relevant Village codes and ordinances, including but not limited to Building Regulations Title 8, Chapter 1, Article M of this Code.
Table 3-1: Permitted Encroachments
Accessory Building, Structure, Use Front Yard = F Side Yard = S Rear Yard = R |
Accessory Building, Structure, Use Front Yard = F Side Yard = S Rear Yard = R | |||
1. Accessibility Related Structures must be setback at least one foot (1'). | F | S | R |
2. Arbors, trellises, and pergolas subject to Section 9-3-3.F.3.a. | F | S | R |
3. Architectural entrance features into subdivisions or planned unit developments containing at least twenty (20) dwelling units subject to Section 9-3-3.F.3.b. | F | S | R |
4. Awnings and canopies: for residential and commercial uses may encroach a maximum of four feet (4') into a yard subject to Section 9-3-3.F.3.c. | F | S | R |
5. Balconies encroaching by not more than four feet (4'). | F | R | |
6. Baseball/softball dugout shelters subject to Section 9-3-3.F.3.d. | R | ||
7. Bay windows, encroaching by not more than three feet (3'). | F | R | |
8. Bulk storage, not located between the principal structure and the front lot line. | S | R | |
9. Carports, attached or detached. (Detached subject to Section 9-3-3.E). | R | ||
10. Central air conditioning units may encroach by not more than four feet (4'). | S | R | |
11. Reserved | |||
12. Chimneys, attached, encroaching by not more than two feet (2'). | F | S | R |
13. Compost bins, subject to Section 9-3-3.F.3.e | R | ||
14. Dog run, may be located in rear or interior side yards, not within five feet (5') of a rear or side lot line. A dog run shall be limited to not more than six feet (6') in height. | S | R | |
15. Driveways, except that driveways shall be a minimum of one foot (1') from any side or rear lot line. | F | S | R |
16. Eaves and gutters on principal buildings or attached accessory structures, encroaching by not more than two feet (2') into a front and rear yard; and by not more than eighteen inches (18") into a side yard. | F | S | R |
17. Flagpoles, subject to Section 9-3-3.F.3.f. | F | S | R |
18. Garage, detached (subject to Section 9-3-3.C) | R | ||
19. Gazebos | R | ||
20. Generators | S | R | |
22. Growing of farm and garden crops in the open, except that such crops shall be no closer than five feet (5') from the front yard lot line or three feet (3') from the side and rear yards | F | S | R |
22. Landscaping ponds of any size | R | ||
23. Landscaping ponds that are less than twenty (20) square feet in area and eighteen inches (18") in depth must be setback at least three feet (3') in all yards. | F | R | |
24. Laundry drying equipment. | R | ||
25. Free Library, must be setback at least one foot (1') from all yards, subject to Section 9-3-3.D) | F | S | R |
26. Open Sided Summer Houses | R | ||
27. Ornamental lighting | F | S | R |
28. Outdoor fireplaces | R | ||
29. Playground equipment | R | ||
30. Playhouses, subject to Section 9-3-3.F.3.g. | R | ||
31. Rain Barrels (no larger than 65 gallons). | F | S | R |
32. Sheds or other storage buildings subject to Section 9-3-3.F.3.h. | R | ||
33. Shelters located in the B-1, B-2, B-3 Zoning Districts, not exceeding 168 square feet in area. | S | R | |
34. Sills, break courses, cornices and ornamental features of the principal building may encroach up to 18 inches into a yard. | F | S | R |
35. Signs, as regulated by Chapter 11 Sign Code. | F | S | |
36. Sports courts, private. | R | ||
37. Stoops, may not encroach more than four feet (4 ) into any side yard subject to Section 9-3-3.F.3.i. | F | S | R |
38. Swimming pools, hot tubs or spas and their associated structures and equipment. Private only and subject to Section 9-3-3.j. | R | ||
39. Terraces, patios and decks, provided that in the front yard of any property such encroaching structures shall not exceed two hundred (200) square feet in size. | F | R | |
Note: All encroachments subject to Subsection 9-3-3.F.3 unless otherwise stated. | |||
G. Accessory Retail Sale of Merchandise in Industrial Districts: (new) Retail sale of merchandise may be conducted in the RBC, ORI, and M-1 Zoning Districts when done in keeping with the following:
1. Accessory retail sale as defined in this subsection shall be authorized by the Zoning Officer only upon finding that the requirements of this subsection are met.
2. The total area dedicated to retail sales to the public may not exceed fifteen percent (15%) of gross floor area.
3. Parking shall be designated for retail customers:
a. The location of such parking shall be proximate to the door through which
such customers will enter the building, and shall provide safe ingress and egress to the site and building for customers.
b. The number of spaces provided for retail customers shall be based on the square footage of space dedicated to retail sales, and shall be provided in keeping with the requirements of Chapter 7: Parking and Loading of this Title.
c. Parking provide for customers shall not reduce the amount of parking provided on the property otherwise required for the industrial use, although for the purpose of calculating required parking, the effective square footage of industrial square footage may be reduced by the square footage of building used for retail sales.
4. Retail Sales on greater than fifteen percent (15%), but no greater than twenty-five percent (25%) of gross floor area may be permitted as a special use. (Ord. 2024-6, 3-7-2024; amd. Ord. 2025-34, 8-7-2025; Ord. 2025-44, 10-16-2025)
9-3-4: FENCES:
Fences are a permitted accessory structure in all zoning districts. The following regulations shall govern the type, location and construction of all fences:
A. Fences In Residential Districts:
1. In residential districts, fences may be installed subject to the following:
a. Chain link fences are allowed, but may not include slats.
b. Open fences constructed to a maximum height of three feet (3’) may be located anywhere on a lot.
c. Open fences no taller than four and one-half feet (4 1/2’) may be located anywhere on a lot, except within the applicable district front yard setback.
d. Closed or open fences greater than four and one-half feet (4 1/2’) in height and not taller than six feet (6’) in height may be located anywhere on a lot except as follows:
(1) Within the required front yard setback for the applicable zoning district.
(2) On corner lots where the exterior side yard is directly adjacent to the front yard of the adjoining lot, within the exterior side yard of the applicable zoning district.
(3) On corner lots where the rear lot line abuts the rear lot line of the adjoining lot, a fence in the exterior side yard may extend to the exterior side lot line from the back corner of the house to the rear of the lot.
B. Fences in Nonresidential Districts: In B-1, B-2, B-3, RBC, ORI, and M-1 zoning districts, fences shall be installed subject to requirements for screening of outdoor storage per the following:
1. Chain link fences are allowed but may not include slats.
2. A closed fence up to a maximum height of six feet (6') shall be installed along any lot line that adjoins a residential district, except within the required front yard or exterior side yard.
3. Fencing installed to screen refuse disposal areas shall meet requirements as specified in Chapter 8
: Landscaping and Screening.
4. A closed fence shall be installed to enclose all outdoor storage of material, vehicles and other equipment storage areas, where such storage is permitted. The height of the fence shall be equal to the height of the material or equipment stored, but in no event shall such fence exceed ten feet (10').
5. Notwithstanding any provision in subsection B.3 above to the contrary:
a. No fence shall be erected in a required front yard or exterior side yard.
6. A fence may be erected in the interior side yard or rear yard to a maximum height of six feet (6').
C. Fences in parks, recreational areas and recreational establishments:
1. Closed or open fences not exceeding ten feet (10') in height may be located in conjunction with sports fields or courts, including, but not limited to, tennis courts and baseball fields.
2. Open fence backstops not exceeding thirty feet (30') in height may be located in conjunction with baseball and softball fields, for the purpose of protecting spectators and adjacent properties from airborne balls. Such fences and backstops may be located anywhere on a lot except:
a. Within twenty-five feet (25') of any front or exterior side lot line.
b. Within ten feet (10') of any interior side or rear lot line.
D. Construction and Maintenance of all Fences:
1. A building permit is required for the installation of any fence.
2. The finished side of all fences shall face away from the interior of the property so fenced.
3. Fence construction shall not include barbed wire or other hazardous devices or materials.
4. Fences shall not be constructed with an electrical charge or other hazardous device.
5. No fence may be located in the Sight Triangle as regulated in this Chapter.
6. The height of a fence shall be measured from the existing grade at the location where the fence is installed.
7. No fence may be installed or maintained on any portion of a lot where such fence would interfere with drainage of contiguous properties.
8. The owner of every fence constructed within the Village shall cause said fence to be maintained in a safe, presentable, neat, attractive and sound structural condition at all times, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said fence.
E. Fences Around Swimming Pools: Residential swimming pools shall be enclosed by fences in accordance with Title 8: Building Regulations, chapter 1
, article M of this code.
F. Screening Along Tollway and Interstate Highways: A fence with a maximum height of fourteen feet (14') shall be permitted along property lines directly abutting a tollway or interstate highway right of way.
G. On residential property adjacent to Illinois state routes, other than interstates, closed fences may be constructed to a maximum height of eight feet (8’). Such fences shall be located only along the lot line adjacent to the Illinois State Highway. (Ord. 2024-6, 3-7-2024)
9-3-5: SIGHT DISTANCE TRIANGLE:
In all zoning districts, buildings, structures or plant materials may not be erected, altered, planted or maintained between three feet (3') and eight feet (8') in height above grade within a sight distance triangle. The sight distance triangle is found in either of the two situations described in this subsection.
A. A Sight Distance Triangle is that portion of a lot within the triangular area formed by two (2) legs measuring twenty-five feet (25') in length from the point of intersection of two (2) street right of way lines forming a corner lot.
B. A Sight Distance Triangle is that portion of a lot within the triangular area formed by two (2) legs measuring ten feet (10') in length from the point of intersection of one (1) street right of way line and the edge of one (1) driveway.
(Ord. 2024-6, 3-7-2024)
9-3-6: PRIVATE POWER GENERATORS:
A. Requirements for All Private Power Generators.
1. Landscaping shall be installed to screen private generators as specified in Chapter 8: Landscaping and Screening.
2. Private generators shall be a minimum of three feet (3’) from any property line, in accordance with subsection 9-3-3
.E.
3. Private generators shall not be located in easements, without the express written consent of all parties to whom the easement is granted.
4. Private generators may not be located in detention facilities or over spillways.
B. In residential zoning districts, private generators may be located in required interior side and rear yards, and shall be in keeping with the following:
1. The height of generators accessory to residential uses shall not exceed six feet (6').
2. Shall not be located in the area between the principal structure and the front or exterior side lot line(s).
3. Generators accessory to multi-family residential uses shall not be placed in a required yard that abuts a single-family residential use.
C. In non-residential zoning districts, private generators may be located in required interior side and rear yards, and shall be in keeping with the following:
1. Shall not be placed in a required yard that abuts a residential use.
2. The height of generators accessory to nonresidential uses and their required screening (except for landscape screening) shall not exceed the height of the principal structure.
3. Generators exceeding six feet (6') in height may not encroach into the required yards.
(Ord. 2024-6, 3-7-2024)
9-3-7: HOME OCCUPATIONS:
A. Intent: Home occupations are permitted in any dwelling unit so long as they are subordinate and incidental to the principal use of the dwelling unit as a residence. Such activities are to be compatible with the residential use of the area in which they are located.
B. Location: A home occupation may be allowed in a dwelling in any zoning district in which dwellings are allowed or the dwelling is legally nonconforming.
C. Standards For Home Occupations: In addition to all standards applicable to the district in which it is located, any home occupation shall comply with the following:
1. Not more than one person other than members of the immediate family residing at such dwelling unit shall be employed on the premises.
2. There shall be no manufacturing or processing of any kind.
3. No sign shall advertise the presence or conduct of the occupation.
4. There shall be no alteration of the principal structure that changes the use, appearance or character thereof as a dwelling unit.
5. Not more than twenty-five percent (25%) of the gross floor area of one story of any dwelling unit shall be principally devoted to the home occupation.
6. No outdoor storage shall be permitted.
7. The home occupation shall be conducted entirely within the dwelling unit;
8. The home occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond that which normally occurs in the zoning district in which it is located.
9. No home occupation may be operated so as to cause a nuisance.
10. An accessory structure may be used for a home occupation only for passive incidental storage related to the business.
11. The site of the home occupation may not serve for staging of parking for which employees park personal vehicles on the site and work elsewhere.
12. The home occupation shall not have a separate entrance from outside the building.
13. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood
14. Snow plows may not be stored outside of residential uses. (Ord. 2024-6, 3-7-2024)
9-3-8: REGULATIONS FOR RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS:
A. Recreational vehicles parked or stored in R-1, R-2, or R-3 Zoning Districts shall meet the requirements of this Section 9-3-8
: Regulations for Recreational Vehicles in Residential Districts.
B. Type of Vehicles: For the purpose of this subsection, recreational vehicles shall include a:
1. Boat;
2. Trailer containing up to two (2) off road vehicles or personal watercraft;
3. Trailer containing no other vehicles; or
4. Off road vehicle.
C. Number of Recreational Vehicles: No more than one (1) recreational vehicle may be parked on a property.
D. Location of Recreational Vehicles:
1. Recreational vehicles may be parked or stored only in an interior side or rear yard.
2. No recreational vehicle may be parked or stored:
a. In any required front or exterior side yard;
b. Between the principal structure and the front lot line;
c. Between the principal structure and any exterior side lot line; or
d. Closer to the front lot line than the principal structure (as measured on a line perpendicular to the front lot line from a point on the principal structure that is the shortest distance from the front lot line).
E. Size of Vehicles: No recreational may be parked or stored if such vehicle has a height from the underside of the tire to the top of the vehicle, inclusive of load, exceeding nine feet (9') or a length exceeding twenty feet (20').
F. Notwithstanding the requirements of this Section 9-3-8
: Regulations for Recreational Vehicles in Residential Districts, the Zoning Officer may grant a permit allowing the temporary parking or storage of one recreational vehicle exceeding the size limitations set forth in Section 9-3-8
-E on the driveway of a lot used for single- family purposes. Such permit may allow parking for a period not to exceed ten (10) days in any consecutive thirty (30) day period.
(Ord. 2024-6, 3-7-2024)
9-3-9: ACCESSORY OUTDOOR ACTIVITY:
To promote safe and harmonious activities in the Village, and to mitigate adverse impacts such as noise, traffic, and unsafe conditions for those operating, visiting or traveling in the Village, the majority of business and governmental activities are expected to occur inside of buildings. However, some business or governmental activities may regularly or periodically occur outside of a structure. Such activities are regulated by various portions of the Village code, including and not limited to this Section 9-3-10
: Accessory Outdoor Activities.
A. Businesses Activities to be Enclosed in B-1, B-2, B-3, ORI: Unless otherwise specified in this Section 9-3-10
: Outdoor Business Activity or as permitted by any ordinance granting or amending an approval granted per this Title, all business establishments in B-1, B-2, B-3, ORI shall be conducted wholly within a completely enclosed building.
B. Outdoor Accessory Display and Sales in B-1, B-2, B-3, ORI: Zoning Districts - Ongoing:
1. The outdoor display shall be restricted to private property.
2. Merchandise may not be displayed in any parking stalls, loading berths, drive aisles, landscape areas, required building setbacks, etc.
3. All merchandise must be displayed on an impervious surface.
4. Merchandise displayed on pedestrian walkways requires that a minimum of five feet (5’) in width be maintained free and clear to provide safe pedestrian travel.
5. Outdoor displays or associated equipment shall not exceed eight feet (8') in height.
6. The square footage of the area in which outdoor display occurs may not exceed ten percent (10%) of the total gross square footage of the principal structure up to a maximum of five hundred (500) square feet, whichever is less.
7. For gas stations: In addition to the standards outlined in this section, outdoor display and sales may only occur immediately adjacent to the principal structure and underneath the fuel pump canopy, notwithstanding state accessibility requirements.
C. Outdoor Accessory Display and Sales in B-1, B-2, B-3, ORI - Seasonal: Seasonal retail sales shall be permitted for retail uses greater than fifty thousand (50,000) square feet in gross floor area. Outdoor storage, display, and sales of seasonal products shall be permitted as follows:
1. The outdoor storage, display and sales shall be limited to seasonal products including but not limited to plants, landscape materials, and bags of soil, mulch, fertilizer, and stone.
2. The outdoor storage, display, and sales shall only be permitted from April 1 through August 31.
3. The outdoor storage, display, and sales shall be permitted on the sidewalk directly in front of the store provided that a minimum five foot (5') sidewalk width shall remain unobstructed for pedestrian passing, and further provided that the view of automobile traffic is not impaired.
4. A temporary tent or fenced off sales area may be permitted on paved parking areas in order to store, display, and sell such materials, provided the site continues to meet minimum parking requirements, drive aisle width is maintained, and safe traffic circulation is not impaired.
5. Application to conduct outdoor storage, display, and sales shall be made to the Zoning Officer and shall indicate the location and duration of the display, storage and sales. The Zoning Officer may grant a permit for seasonal outdoor display and sales provided the requirements of this Section 9-3-10
-C are met.
D. Outdoor Accessory Display and Sales in B-1, B-2, B-3, ORI- Periodic: Periodic retail sales shall be permitted for any business provided that outdoor storage, display, and sales of products are conducted as follows:
1. Special outdoor sales or promotions may be conducted on specific dates and at specific locations when approved by the Zoning Officer upon their finding such request meets the requirements of this section 9-3-10
D.
2. A special outdoor sales or promotions provided for by this subsection may be granted for any business establishment no more than three (3) times during any twelve (12) consecutive month period.
3. The special outdoor sales or promotions provided for by this subsection may be granted with respect to any business establishment for a period not exceeding four (4) consecutive days.
4. The outdoor display shall be restricted to private property.
5. Merchandise may not be displayed in any parking stalls, loading berths, drive aisles, landscape areas, required building setbacks, etc.
6. All merchandise must be displayed on an impervious surface.
7. Merchandise display area must provide that a minimum of five feet (5') in width be maintained free and clear to provide safe pedestrian travel.
8. Outdoor displays and any appurtenances shall not exceed eight feet (8') in height.
E. Accessory Outdoor Storage of Goods, Supplies, and Equipment
1. Outdoor storage of any materials or equipment shall only be allowed in RBC and M-1 zoning districts.
2. Screening of outdoor storage shall be provided in keeping with the requirements of section 9-3-4
-B.
3. Outdoor Storage Areas may be permitted in keeping with the following:
a. Outdoor storage areas (except those accessories to motor vehicle sales establishments, where the for sale vehicles are stored outdoors) and areas used for parking of trucks and trailers (exclusive of loading spaces) for more than seventy-two (72) hours shall be screened to a minimum of six feet (6') in height along the length of the abutting lot line.
b. Stored materials cannot exceed the height of the screen.
c. A screen height shall not exceed ten feet (10').
d. Such screening shall consist of a continuous landscaped berm, solid, commercial grade wood fence, wall or other comparable material.
e. All fencing shall be constructed of commercial grade wood or comparable materials. The finished side of the fence or wall shall be oriented toward the abutting property. If a fence or wall is used as a screen, a five foot (5') wide planting bed with landscaping material at least three feet (3') high shall be located adjacent to the finished side of the fence or wall.
f. In lieu of the solid fence or wall, a screen planting area a minimum of twenty feet (20') in width, containing a minimum of two (2) rows of evergreen trees, may be installed. The evergreen trees shall be at least eight feet (8') tall when planted. The rows shall be staggered, with a maximum of eight feet (8') between rows, and shall be centered within the screen planting area. The evergreen trees shall be spaced a maximum of ten feet (10') apart on center.
(1) The Zoning Officer may require the trees to be spaced closer to ensure that narrower growing varieties will provide an effective screen.
(2) Should the buffer area contain a continuous berm at least three feet
(3') in height, with a side slope not exceeding a ratio of three to one (3:1), the minimum height of the required evergreen trees shall be six feet (6') when planted.
(3) The final design of the screen planting area and the landscaping within it shall be subject to the approval of the Zoning Officer upon a determination that the requirements of this Section 9-3-10
E. are met, create a safe environment for pedestrians and drivers, and provide a plant mix that will thrive in the locations where installed.
F. Accessory Outdoor Dining: Outdoor Dining is permitted only in the B-1, B-2, B-3 and RBC zoning districts and may be permitted by the Zoning Officer upon finding that the standards of this subsection are met. Failure to comply with the requirements of this subsection will result in revocation of authorization allowing outdoor dining. All Outdoor Dining shall be subject to the following conditions:
1. Outdoor Dining is permitted on the same property as an accessory to the operation of a lawfully permitted restaurant.
2. Outdoor Dining may not occur on public property.
3. The sale and consumption of alcoholic beverages shall be restricted by the liquor license governing the restaurant, and as otherwise regulated by Title 3, Chapter 3 of the Village Code.
4. Additional parking shall not be required for Outdoor Dining.
5. Outdoor Dining shall be permitted only during normal business hours of the restaurant to which the outdoor dining is accessory, but only between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M.
6. Outdoor Dining permits issued by the Village shall be subject to an annual review and may be revoked at any time on thirty (30) days notice.
7. All Outdoor Dining shall comply with State of Illinois and County Health Code regulations.
8. If included in a special use approval for a microbrewery or microdistillery, outdoor dining can be permitted in the ORI District.
G. Outside Storage for Governmental Entities:
1. A special use shall be required for outside storage by any governmental agency and shall, in addition to any requirements related to a special use approval by the Village of Woodridge, conform to the following:
a. Storage shall be accessory to a permitted or special use in any residential district.
b. Storage shall be completely enclosed by sightproof fencing. The height of such fencing shall be equal to the height of the material or equipment stored, but in no event shall such fence exceed ten feet (10'). No such fence shall be erected in a required front yard or side yard adjoining a street. In addition, no such fence shall be erected within ten feet (10') of any lot line of an adjoining residentially zoned property.
2. Accessory outside storage by the Village of Woodridge that is accessory to a permitted use in a residential zoning district shall be permitted in keeping with the following:
a. Such storage supports the public health, safety and welfare, as determined by the Zoning Officer.
b. Sightproof fencing that does not exceed six feet (6') in height shall be provided between said temporary outside storage and adjacent residential uses.
c. Temporary outside storage shall not be located in a required front yard or side yard adjoining a street and shall not be located within ten feet (10') of any lot line of an adjoining residentially zoned property.
d. Location of the outdoor storage shall be approved per the Site Plan Review process defined in this Title.
e. Said temporary outside storage shall be allowed for a maximum of six (6) months every calendar year.
f. Said temporary outside storage shall have a maximum height of twenty feet (20'). (Ord. 2024-6, 3-7-2024)
9-3-10: TEMPORARY USES AND STRUCTURES:
The following temporary structures and uses of land shall be allowed subject to the specific regulations and time constraints defined in this Section 9-3-11
: Temporary Uses and Structures, as well as any other applicable regulations of the zoning district in which they are located and relevant requirements of the Village Code.
A. Temporary Outdoor Business Activity: Conditions applicable to all temporary outdoor business activities are as follows:
1. A permit issued by the Zoning Officer is required for each structure, use, or event.
2. All material or product stored and displayed must be maintained in a safe, orderly, and tidy manner.
B. Temporary Construction Offices, Real Estate Rental or Sales Offices: A permit for Temporary Construction Offices, Real Estate Rental or Sales Offices shall be valid only for the time a permit is active for the construction of a building(s) to which it is related and it meets the requirements of this Subsection B. Upon issuance of an occupancy permit for any model home pursuant to this title, no temporary real estate rental or sales offices shall be permitted within the development. The temporary structure shall:
1. Be located on the same lot, or on land under the same ownership of the principal building being constructed;
2. Be removed prior to the issuance of a final occupancy permit for the final building being constructed in the development;
3. Have the name and current telephone number of the owner permanently affixed to its exterior;
4. Be located no nearer than twenty-five feet (25') to any front or exterior side lot line;
5. Not include any outside storage on the grounds of such structure;
6. Have any temporary driveways and parking area that serve the temporary structure consist of a bituminous asphalt surface that is installed prior to issuance of an occupancy permit for a temporary structure;
7. Have temporary directional signs be installed as required by the Zoning Officer, to control the flow of on site and off site traffic related to the subject property; and
8. Provide that construction barricades be installed to protect pedestrians from any on site construction activity. The location, number, and type of construction barricades to be provided shall be as required by the Zoning Officer.
C. Model Homes: Temporary model homes used to offer for sale or rental dwelling units shall not be established without first obtaining a permit from the Zoning Officer. The following regulations shall govern the establishment and operation of a model home:
1. No such model shall be occupied for residential living purposes during the term of the model home permit.
2. Model home permits may be issued for a period of three (3) years, and may be extended thereafter by the Zoning Officer for a maximum of up to three (3) additional one year time periods.
3. Notwithstanding the above, the model home permit shall expire once a building permit is issued for the construction of a new home on the last vacant lot owned by the model home permit applicant within the subdivision or development in which the model home is located or upon the sale/rental of the model home by the builder/developer, whichever occurs first.
4. Temporary off street parking facilities shall be provided to eliminate traffic obstructions on the public right of way. In no event shall such off street parking facility contain less than two (2) spaces per model home. Any such parking facility shall be constructed of bituminous asphalt surface.
5. Exterior lighting may be used to illuminate the model home. Sources of light shall be directed and/or shielded so as not to be visible from any lot line and shall not cause illumination in excess of two-tenths (0.2) foot-candle on adjacent lots. Any such lights may only be illuminated during the hours from dusk to ten o'clock (10:00) PM.
6. No construction traffic or storage of construction materials shall be permitted at the model home site.
7. Signs for model homes shall conform with the provisions of this title.
8. Storage of building and construction materials shall be prohibited in model homes.
9. Model homes shall only be allowed in locations where the Zoning Officer makes a finding that the additional pedestrian activity and vehicle traffic generated by such uses can be conducted safely and will not adversely impact adjacent residential properties.
D. Outdoor Christmas Tree Sales shall conform to the following:
1. Be located on a lot of not less than one (1) acre.
2. Operate for a period not to exceed thirty (30) days.
3. Need not comply with the yard requirements of this Chapter, provided that no trees shall be displayed within:
a. Ten feet (10') of any driveway or street right-of-way; or
b. Thirty feet (30') of the intersection of the rights-of-way of any two (2) streets.
E. Portable storage containers in business zoning districts shall conform to the following:
1. Only one portable storage container shall be permitted on a lot at any one time and not for longer than forty-five (45) days.
2. Extensions of time may be granted by the Zoning Officer in instances where the portable storage container is used in connection with construction occurring on a lot, but in no event shall the total elapsed time exceed one hundred twenty (120) days.
F. Portable storage containers in residential zoning districts shall conform to the following: Roll-off containers designed for residential use, such as dumpsters and portable self-storage containers, that are accessory to a permitted or special use in any residential district shall be allowed only in accordance with the following regulations:
1. They shall be located entirely on the lot on an impervious surface.
2. They shall be located a minimum of three feet (3’) from any lot line.
3. Portable self-storage containers shall be allowed for a period of up to fourteen (14) consecutive days once per calendar year. Upon receipt of written permission from the Zoning Officer, roll-off containers may be allowed for a maximum of up to three (3) additional fourteen (14) day time periods per calendar year.
4. Notwithstanding anything contained in this section to the contrary, the time period for roll-off containers accessory to the construction of a new structure or renovation of an existing structure may extend through the duration of said construction or renovation only if a valid building permit has been issued for said construction or renovation. Said roll-off containers shall be removed prior to the issuance of an occupancy permit.
5. Notwithstanding anything contained in this section to the contrary, roll-off containers used for general refuse disposal and recyclables for any multiple-family residential use that are permanently screened in accordance with Section 9-8-8
this title are exempt from the time restrictions specified in subsection C of this section.
6. The provisions of this section shall not be construed to allow cargo containers in residential districts.(Ord. 2024-6, 3-7-2024)
9-3-11: SOLAR ENERGY SYSTEMS (SES):
A. Purpose: The purpose of this Section 9-3-12 is to encourage safe and efficient use of solar energy, reduce the use and impact of fossil fuels and to ensure that Solar Energy Systems (SES) are compatible in character and appearance with the principal structure and surrounding area in which they are located.
B. General Provision:
1. Building Permit Requirement: A building permit shall be obtained prior to the construction of any solar energy system. Applications for a permit to construct a solar energy system shall include, in addition to any requirements contained in Title 8: Building Regulations, of the Village Code, documentation as required by the Zoning Officer to ensure safe and effective installation of the SES.
2. SES are permitted as an accessory structure mounted to a principal or other accessory structure.
3. SES construction, design, installation, operation and maintenance shall be subject to the development standards specified in this Section 9-3-12
and other Village Code requirements.
4. Energy produced by SES shall be used on site, except that surplus energy may be delivered to the power grid.
5. Solar panels may only be located on the roof of a structure.
6. Solar shingles are permitted and shall be integral to the roof of the structure on which they are installed.
7. Solar collection devices may not extend beyond the roof edge or the exterior perimeter of a structure.
8. Solar collection devices may not be located on the vertical portion of a mansard roof.
9. SES shall be subject to the yard, height and any other bulk requirements of the zoning district in which it is located:
a. Except that SES may be installed on legally nonconforming structures; and
b. SES may encroach up to two feet (2') beyond the allowed maximum height of a structure.
10. Ground Mounted Solar Energy Systems:
a. Ground Mounted SES are allowed in nonresidential zoning districts only.
b. Number Per Lot: Only one ground mounted solar energy system shall be permitted on any lot.
c. Location: Ground mounted solar energy systems shall not be located within the required front, side or exterior side yard of any lot or in any public utility easement, and all parts of a ground mounted solar energy system shall be set back at least five feet (5') from any nonresidential property line or fifty feet (50’) from any residential property line.
d. Height: Ground mounted solar energy systems shall not exceed a total height of six feet (6') as measured from the average grade at the base of the system to the highest edge of the system.
e. Surface Area: Ground mounted solar energy systems shall not exceed a total surface area of one thousand (1,000) square feet.
f. Screening: Ground mounted solar energy systems shall be screened in a manner approved by the Zoning Officer so as to not be visible from any adjacent road right of way.
C. Appearance and Materials: Solar energy systems shall be neutral in color and generally matching the roof color of the principal structure. All such devices shall have the following characteristics:
1. Not be plastic or other non-UV stable material.
2. Include frames, where applicable, of anodized aluminum or painted steel.
3. Where devices are encased with glass, the glass shall be non-reflective tempered glass.
4. Solar panels must be placed so that concentrated solar radiation or glare is not directed onto any nearby properties or roadways.
D. Maintenance and Removal of Solar Energy Systems:
1. Solar energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
2. If the Zoning Officer determines that a solar energy system fails to comply with the applicable provisions of this code, they shall provide written notification to the property owner. The property owner shall have a period of ninety (90) days from the date of notification to either restore the solar energy system to operation or remove the system.
3. After the solar energy system is removed, the property owner shall promptly restore their property to a condition consistent with the property's condition prior to the installation of the system. (Ord. 2024-6, 3-7-2024)
9-3-12: WIND ENERGY SYSTEMS (WES):
A. Purpose: The purpose of this Section is to encourage safe and efficient use of wind energy systems (WES), reduce the use and impact of fossil fuels, and ensure WES are compatible in character and appearance with the principal structure and surrounding area in which they are located.
B. General Provisions: Wind energy systems are permitted as an accessory structure to a principal Permitted or Special Use subject to the standards of this Section 9-3-12
: Wind Energy Systems and the Village Code.
1. No more than one WES is permitted per property used for residential use.
2. No more than one WES is permitted per Commercial or Industrially zoned properties, unless approved as a Special Use.
3. WES may be permitted on a Commercial or Industrially zoned property adjacent to a residential zoning lot only upon approval by as a Special Use.
4. SES construction, design, installation, operation and maintenance shall be subject to the development standards specified in this Section 9-3-12
and other Village Code requirements.
5. Energy produced by WES shall be used on site, except that surplus energy may be delivered to the power grid.
6. In no event shall the WES adversely impact adjacent properties due to excessive glare or other nuisance.
7. In no event shall the noise level produced by a WES continuously exceed sixty-five (65) decibels as measured at the property line.
8. No WES shall cause electromagnetic degradation in performance of other electromagnetic radiators, receptors, or generators of quality and proper design.
9. WES shall not be artificially lighted.
10. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components.
11. Abandonment: If a WES is inoperable or abandoned for a period of six (6) consecutive months, the Village may require that the WES must either be repaired or removed within an established cure period.
C. Rooftop mounted WES shall be in keeping with the following requirements:
1. More than one rooftop mounted WES shall be allowed only in nonresidential zoning districts after having received approval by as a Special Use.
2. Rooftop mounted WES shall be set back at least twenty feet (20') from front or exterior setback lines, and at least ten feet (10') from side setback lines. Setbacks shall be measured to the widest point of blade rotation or to the nearest part of the WES structure, whichever is greater.
3. Rooftop mounted WES shall be limited to a height of no more than fifteen feet (15') above the roof peak or top of a parapet wall, whichever is greater. Total height shall be measured from the highest point of blade rotation or the highest point of the WES structure, whichever is greater.
D. Ground mounted WES:
1. More than one ground mounted WES shall be allowed only in nonresidential zoning districts after having received approval by as a Special Use.
2. Ground mounted WES shall be permitted only in a rear or side yard.
3. The WES tower or any associated structure shall comply with the minimum setback requirements of the zoning district in which the WES is located or be set back a distance equal to 1.1 times the total height of the structure from any property line, whichever distance is greater. Total structure height shall be measured from the ground to the highest point of blade rotation or the highest point of the WES structure, whichever is greater.
4. A WES tower shall be set back a minimum of twenty feet (20') from any principal structure on the property.
5. The maximum permissible height of a WES tower shall not exceed seventy feet (70’).
6. Rotor blades or airfoils must maintain at least twelve feet (12') of clearance between their lowest point of rotation and the ground.
7. All climbing apparatus affixed to a WES tower shall terminate twelve feet (12') short of ground level.
8. All WES facilities shall be surrounded by a six foot (6') high safety fence.
9. All WES towers shall be constructed with an approved concrete foundation.
Example of WES in commercial district designed to fit into the character of the district.
(Ord. 2024-6, 3-7-2024)
9-3-13: DONATION DROP BOXES:
A. Purpose. The Village has experienced a proliferation of collection containers and their placement in required parking spaces, required landscaped areas, and residential zoning districts, often without the property owner's permission. The proliferation of these containers has contributed to visual clutter, blight due to graffiti and poor maintenance, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper management of the Village’s waste stream. The purpose of these regulations is to promote the health, safety, and welfare of the public, and protect the property rights of the owners of the parcels on which the collection containers are located, by providing minimum blight-related performance standards for the operation of collection containers, including establishing criteria to ensure that:
1. Material is not allowed to accumulate outside of the collection containers;
2. The collection containers remain free of graffiti and blight;
3. The collection containers are maintained in sanitary conditions;
4. The collection containers are not placed without the approval of property owners; and
5. That contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns.
This Section 9-3-13
regulates the size, number, placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes.
B. Permit Required; exceptions.
1. It is unlawful to place, operate, maintain or allow a collection container on any real property unless the property owner and operator of the collection container first obtains a permit from the Village.
2. An application for a collection container will be processed as ministerial action in accordance with this Section. The Zoning Officer will be the decision maker, subject to this Title’s appeal process.
C. Application.
1. The permit application will be made on a form provided by the Zoning Officer, and include:
a. The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;
b. A non-refundable application fee as determined by the Village;
c. The name, address, email, website (if available) and telephone number of the operator of the collection container and property owner on which the collection container is to be located, including twenty-four (24)-hour contact information;
d. A vicinity map showing:
(1) The proposed location of the collection container;
(2) The distance between the proposed location and all existing collection containers within five hundred feet (500') of the proposed location, as measured from lot line to lot line; and
(3) The distance between the proposed location and all residentially-zoned property within five hundred feet (500') of the proposed location, as measured from lot line to lot line.
e. Photographs of the location and adjacent properties;
f. A site plan containing;
(1) Location and dimensions of all parcel boundaries;
(2) Location of all buildings;
(3) Proposed collection container location;
(4) Distance between the proposed collection container and parcel lines and buildings; and
(5) Location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking;
g. Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this Section to be placed on the collection container and notice sign;
h. A description and/or diagram of the proposed locking mechanism of the collection container;
i. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the collection container); and
j. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this Section.
2. Permit expiration and renewal. A permit issued under this Section will expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the Zoning Officer, and include:
a. The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;
b. A non-refundable application fee as determined by the Village;
c. Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;
d. A detailed description of any changes to the information submitted on the previous application; and
e. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this Section.
D. Decision on application.
1. The Zoning Officer will approve or deny an application within sixty (60) days of the receipt of a completed application. If the Zoning Officer fails to take action on the application within the required sixty (60) days, the application shall be deemed approved.
2. The Zoning Officer will approve the application if all of the following are true; otherwise the Zoning Officer may deny the application:
a. The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;
b. The property on which the collection container is to be located has been free of graffiti, as defined by the Woodridge Village Code, for at least six months prior to the submission of the application, as evidenced by Village records for the property;
c. The property on which the collection container is to be located has been free of any conditions constituting a nuisance, as defined by the Woodridge Village Code, for at least six (6) months prior to submission of the application, as evidenced by Village records for the property;
d. The applicant is neither currently in violation of, nor has not been found in violation of this Section within one year prior to submission of the application; and
e. The application will be in compliance with all of the applicable provisions of this Section.
(1) The Zoning Officer will mail written notice to the applicant of the Zoning Officer's decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, or approved subject to conditions, the notice will set forth the reasons for the denial or conditions, as well as the facts supporting the Zoning Officer’s reasons.
(2) The decision of the Zoning Officer will be final, subject to this Title’s appeal provisions.
E. Standards.
1. Location.
a. No collection container may be located within five hundred feet (500') from any other collection container, as measured from lot line to lot line.
b. No collection container may be located in a residential zoning district.
c. No collection container may be located within five hundred feet (500') of a parcel in a residential zoning district, as measured from lot line to lot line.
d. No collection container will be located on or within:
(1) The public right-of-way, including sidewalks;
(2) Area designated for landscaping;
e. No collection container will be located in or block or impede access to any:
(1) Required parking or driveway areas;
(2) Pedestrian routes;
(3) Emergency vehicle routes;
(4) Building ingress and egress;
(5) Required disabled access routes;
(6) Required or recorded easements;
(7) Trash enclosure areas or access to trash bins or trash enclosures; or
(8) Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.
f. No more than one collection container will be located on any individual zoning lot.
g. No collection container will be located within the sight triangle of any intersection, or within any required yard or setback.
2. Physical attributes.
a. All collection containers must:
b. Be fabricated of durable and waterproof materials;
c. Be placed on a level impervious surface;
d. Have a tamper-resistant locking mechanism for all collection openings;
e. Not be electrically or hydraulically powered or otherwise mechanized; and
f. Not be considered a fixture of the site or an improvement to real property.
g. Collection containers may not exceed six and one-half-feet in height, five feet (5') in width and five feet (5') in depth.
h. Signage on collection containers will not exceed five-inch letter height. Collection containers must have the following information conspicuously displayed in at least two inch (2") type visible from the front of the collection container:
(1) The name, address, twenty-four (24)-hour telephone number, and, if available, the Internet Web address, and email address of the permittee, the operator of the collection container, and the owner of the real property;
(2) The type of material that may be deposited; and
(3) A notice stating that it is strictly prohibited to leave any materials outside the collection container.
3. Maintenance and operation.
a. No overflow collection items, litter, debris or dumped materials will be allowed to accumulate within twenty feet (20') of any collection container.
b. Collection containers will be maintained at all times in good working order, and at all times free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
c. Collection containers will be serviced not less than weekly between seven o’clock (7:00) a.m. and seven o'clock (7:00) p.m. on weekdays and ten o’clock (10:00) a.m. and six o’clock (6:00) p.m. on weekends. This servicing includes maintenance of the container, the removal of collected materials, and removal of any graffiti, litter, or nuisance conditions as defined in this Title.
d. The operator will maintain an active email address and a twenty-four (24)-hour telephone service with recording capability for the public to register complaints.
e. It is strictly prohibited to allow a collection container to be used for solid waste or hazardous materials.
4. Removal; notice.
a. The placement, maintenance, or site-hosting of a collection container(s) in violation of any applicable requirements set forth in this Section is hereby declared a nuisance.
b. In addition to the penalties provided in this Title and provided by other law, the Village may further abate such nuisance by removing and impounding the nuisance collection containers after providing reasonable notice to the permittee, operator of the nuisance collection container, and owner of the real property, by affixing signage on the nuisance collection container. The dated notice will state that the nuisance collection container will be removed and impounded within seven days of the posting of the notice, unless the nuisance conditions are fully corrected to the satisfaction of the Zoning Officer in strict accordance with the requirements of this Section.
c. Following impoundment, the Zoning Officer or his/her designee will provide written notice to any reasonably ascertainable permittee, owner of the nuisance collection container, and owner of the real property that:
(1) The collection container has been impounded; and
(2) If the collection container is not claimed within one hundred eighty (180) days of impoundment, the Village will be authorized to dispose of the collection container and its contents in accordance with the Law Enforcement Disposition of Property Act, 765 ILCS 1030/3, or in any other lawful manner.
d. The permittee, the owner of the nuisance collection container, and the owner of the real property hosting the nuisance collection container are jointly and severally liable for the reasonable costs of removal, storage, and disposal incurred by the Village.
e. The impounded collection container can be recovered only after the violation is corrected to the satisfaction of the Zoning Officer in strict accordance with the requirements of this Section, all outstanding final code violation fines, if any, have been paid in full, and a one hundred and fifty dollars ($150.00) administrative processing fee is paid in full.
5. Penalty. Any person violating any provision of this Section shall be subject to a penalty as provided in this Title. Each day that a violation exists shall be considered a separate violation of this Title. (Ord. 2024-6, 3-7-2024)
9-3-14: PERSONAL WIRELESS SERVICE FACILITIES:
A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of personal wireless service facilities, whether such facilities are used as a principal use or accessory use unless otherwise exempted from these regulations.
1. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the village board finds that these regulations are necessary to:
a. Facilitate the efficient provision of personal wireless services to the residents of the village, as well as to other persons, firms, and/or corporations in the vicinity of the village;
b. Minimize adverse visual effects of personal wireless service facilities, through careful design, siting, screening, and landscape buffering standards;
c. Minimize the impacts of personal wireless service facilities on, and reduce conflicts with, the architectural, historical, tourism and economic significance of historic structures and districts designated by the federal, state and local governments;
d. Minimize the impacts of personal wireless service facilities on, and reduce conflicts with, the architectural, historical, tourism and economic significance of the village's principal commercial and tourist areas;
e. Avoid potential damage to adjacent properties from falling ice and tower failure through structural standards and setback requirements;
f. Promote, encourage and maximize the shared use of existing and approved buildings and antenna support structures to accommodate new personal wireless service facilities in order to reduce the number of towers needed to serve the community; and
g. Promote, encourage and maximize the use of existing tall structures that have been established within the community for the collocation of new personal wireless service facilities.
2. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall any provision of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.
B. Authorization. Subject to the limitations of this section, all principal or accessory uses and structures that are personal wireless service facilities, except small wireless facilities, shall be subject to the following standards, regulations, and requirements at all times in those zoning districts in which they are permitted or special uses. For personal wireless services facilities located in the right of way, see village code section 7-1-5
.
C. Decisions. In the course of reviewing any request by an applicant to provide personal wireless services, the village shall 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 shall be in writing and supported by substantial evidence contained in a written record.
D. Review Costs. The village may employ an independent technical expert to review any technical materials required by this section. The applicant shall pay all reasonable costs of the review, including any administrative costs incurred by the village.
E. Location. Personal wireless services antennas shall be located on lawfully pre-existing antenna support structures or other lawfully pre-existing buildings or structures wherever possible. No special use permits authorizing construction of a new antenna support structure or addition to or expansion of an existing antenna support structure or existing building or structure shall be authorized unless the applicant is able to demonstrate that no lawfully pre-existing antenna support structure or lawfully pre-existing building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. In support of this demonstration, the applicant may submit evidence that:
1. No existing antenna support structures are located within the geographic area required to meet the applicant's engineering requirements;
2. Existing antenna support structures are not of sufficient height and size to meet the applicant's engineering requirements or do not have sufficient structural strength to support the applicant's proposed antenna;
3. The applicant’s proposed antenna would cause electromagnetic interference with the antennas on the existing antenna support structures or the existing antennas would cause interference with the applicant’s proposed antenna; and
4. The applicant has sought and been denied the opportunity to collocate its antenna and equipment on an existing antenna support structure.
F. Antenna Support Structures. A special use permit shall be obtained prior to the erection of any new antenna support structure. Applications shall include, in addition to any requirements contained in title 8 and title 9 of this code, those items listed below:
1. Legal description of the property on which the proposed personal wireless services facility is to be located.
2. Identification of the owners of all personal wireless services facilities to be located at the site.
3. Written authorization from the owner of the facility site to apply on his/her behalf, if the landowner is not the owner of the personal wireless services facility.
4. Documentation that the proposed personal wireless services facility will comply with all applicable Federal, state and local laws.
5. Plat of survey of the property on which the proposed personal wireless services facility is to be located.
6. An inventory, including a current map, depicting the applicant's existing personal wireless services facilities and/or antennas, that are either within the corporate limits of the village or within one and one-half miles of the village corporate limits. This inventory shall include specific information about the location, height, design (including type of construction), owner/operator information (if available), and screening of each personal wireless services facility. The map shall include all existing facilities and any proposed facilities and clearly note the separation distance between each of the personal wireless services facilities identified.
7. A scaled site plan clearly indicating the location, type and height of the proposed personal wireless services facility, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the application, separation distances set forth in this section, adjacent roadways, proposed means of access, setbacks from the property lines, elevation drawings of the proposed personal wireless services facility, and any other structures, topography, and parking.
8. Structural engineering plans sealed by a licensed structural engineer showing the antenna and antenna support structure type and number with a certification that the antenna support structure conforms to the current structural standards and wind loading requirements.
9. The setback distance between the personal wireless services facility and the nearest residentially zoned properties.
10. A description of the availability and suitability of the use of existing antenna support structures, other buildings, or alternative technology, not requiring the construction or use of a new antenna support structure and an explanation as to why these facilities are not suitable.
11. A landscape plan showing existing landscaping to remain and proposed landscaping in accordance with this title.
12. A photometric plan if lighting on the site is added, removed or modified.
13. Elevations depicting how the structure and associated equipment will be enclosed, screened and/or landscaped.
14. A notarized statement from the applicant as to whether the construction of the personal wireless services facility will accommodate collocation of additional antennas for future users.
15. A description of the feasible locations of future personal wireless services facilities within the village based upon existing physical, engineering, technological, or geographical limitations in the event the proposed antenna support structure is erected.
16. Other information as the zoning officer deems necessary to evaluate compliance with this section and all laws for the proposed antenna support structure.
G. Design of New Antenna Support Structures for Collocation. Unless otherwise authorized by the village board for good cause shown, every new personal wireless services antenna support structure of a tower design shall be designed, constructed, and installed to be of a sufficient size and capacity to allow the location of additional personal wireless services antennas to accommodate at least one additional personal wireless service provider on such structure in the future. Any special use permit for such a support structure may be conditioned upon the agreement of the applicant to allow collocation of other personal wireless service providers on commercially reasonable terms specified in such special use permit.
H. Design.
1. Every new personal wireless services antenna support structure shall:
a. Comply with applicable zoning district bulk regulations with regard to setbacks.
b. Not shall be located within one thousand five hundred feet (1,500') of any other existing antenna support structure.
c. Not exceed one hundred and fifty feet (150') in height.
d. Comply with all tree preservation requirements in chapter 8 of this title.
2. Every new personal wireless services antenna support structure that is of a tower design shall:
a. Be a monopole or stealth design rather than latticework design, unless otherwise authorized by the village board for good cause shown.
b. Not be illuminated or have any signs installed thereon unless otherwise required by federal law or regulations.
c. Be separated from any principal building by a distance that is not less than one hundred and ten percent (110%) of the height of the tower. For the purposes of this requirement, this distance shall be measured horizontally from the center of the base of the supporting structure of the tower to the point where the ground meets a vertical wall of such principal building.
d. Have any deck on such a tower centered on the tower and the radius from the center of the tower to the outside of the deck shall not exceed six feet (6'), and each side of the deck shall not exceed six feet (6') vertically.
I. Antennas on Buildings and Structures.
1. Personal wireless services antennas that are installed on buildings and structures must be located only on a lawfully pre-existing building or structure.
2. Such antennas and any necessary antenna support structures must be fully enclosed or shielded from view from any point located off the zoning lot on which they are located by a structure otherwise permitted on the zoning lot and all electronic equipment must be fully enclosed in a structure otherwise permitted on the zoning lot.
3. Such antennas shall not exceed the following dimensions:
a. Omnidirectional or whip antennas shall not exceed six inches (6") in diameter and twelve feet (12') vertically;
b. Directional or panel antennas shall not exceed three feet (3') horizontally and six feet (6') vertically.
4. All such antennas shall not exceed the maximum height authorized by applicable zoning district regulations.
5. The zoning officer may approve without a hearing or approval by the village board or plan commission a personal wireless services antenna on an existing building or additional antennas on a lawfully existing antenna support structure, provided:
a. The antenna is mounted directly to a lawfully existing principal structure greater than forty feet (40') in height;
b. The antenna does not extend more than twenty feet (20') above the highest point of the structure;
c. The antenna complies with all applicable FCC and FAA, federal, state and local laws, codes, regulations and standards;
d. Any artificial illumination of the antenna and associated equipment may only be permitted when required by the FCC or the FAA;
e. All ancillary equipment to the antenna including, but not limited to, cable, conduit, connectors and/or an equipment enclosure used to house and protect the necessary electronic equipment is screened in accordance with this section; and
f. A building permit is obtained prior to construction and installation of the antenna.
J. Lot Size. For purposes of determining whether the installation of a personal wireless services facility or antenna support structure complies with the district bulk regulations, including setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the wireless communication facility may be located on leased parcels or easements within such lots.
K. Color. Every personal wireless services antenna and antenna support structure shall be neutral colors that are harmonious with, and that blend with, the natural features, buildings, and structures surrounding such antenna and antenna support structures; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building.
L. Landscaping and Fencing. In addition to any other applicable buffer and landscaping requirements of chapter 8 of this title, all ground-mounted antennas, antenna support structures, related electronic equipment, and equipment enclosures shall be subject to the following:
1. In order to minimize the visibility of such facilities, a natural screen or fence shall be erected if not already provided, so as to provide the maximum reasonable achievable screening as determined by the zoning officer.
2. Any natural screen shall be a minimum of six feet in height and a minimum of four feet wide when planted, with dense plantings spaced no more than two feet apart; provided that if the personal wireless services facility is on a wooded lot, natural growth around the perimeter may substitute for parts of the buffer.
3. Any fence shall be a minimum of eight feet in height, except where fence height is otherwise limited by this title, and shall be of a style of construction that provides a visual shield of the facilities.
4. All antenna support structures of a tower design shall be enclosed with security fencing consisting of either a solid wood fence or masonry wall six feet in height.
M. Protection Against Climbing. Every personal wireless services antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public. Anticlimbing devices may not include barbed wire, razor wire or similar sharp barrier.
N. Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade. When a new structure is required to house such equipment, such structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure. Any freestanding structure that is not attached to or within an existing building or located completely below grade shall not exceed a maximum height of fifteen feet (15').
O. Compliance with Laws. No personal wireless services antenna or antenna support structure shall be permitted in any zoning district in the village unless it complies with all federal laws and regulations concerning its use and operation. The operator of every personal wireless services antenna shall maintain all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna. In addition, any such operator shall annually provide copies of such licenses and permits, and provide evidence of renewal or extension thereof, to the zoning officer. All personal wireless services facilities and antenna support structures shall comply with applicable federal, state and local laws, ordinance codes, rules, regulations and standards. All personal wireless services facilities and antenna support structures shall comply with applicable federal, state and local laws, ordinance codes, rules, regulations and standards.
P. Compliance with Plans. Every personal wireless services antenna and antenna support structure shall comply with all plans approved by the village.
Q. Limited to Applicant. Every ordinance granting approval of a special use permit for a personal wireless services antenna or antenna support structure shall state that any assignment or transfer of the special use permit or any of the rights thereunder may be made only with the approval of the village board.
R. Term Limitation. Unless otherwise provided by ordinance, every special use permit for a personal wireless services antenna or antenna support structure is subject to the following conditions:
1. Where the provider of personal wireless services is not the owner of the land on which such antenna or structure is located, the term of the special use permit is limited to the term of the lease or other agreement granting rights to use the land; and
2. The special use permit shall be subject to review by the village board, at ten year intervals, to determine whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified, and whether the special use permit should be modified or terminated as a result of any such change.
S. Abandonment and Removal. When one or more antennas, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of twelve (12) months or more, such antenna, antenna support structure, or related equipment will be deemed to be abandoned and must be removed and disposed of in compliance with applicable solid waste regulations, and the site must be restored to its natural condition except that any landscaping and grading may remain. If two (2) or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers. The village will be entitled to remove such an antenna, antenna support structure, or related equipment if the owner does not remove such items within ninety (90) days following the mailing of written notice that removal is required. Such notice shall be sent by certified mail, return receipt requested, by the village to such owner at the last known address of such owner.
T. Security Fund. The owner of every personal wireless services antenna shall establish a security fund in a form and in an amount as set forth in this subsection. The security fund shall serve as security for the removal of the antenna. The security fund shall be continuously maintained in accordance with this subsection at the owner’s sole cost and expense until the antenna is removed.
1. Form. The owner shall provide the security fund to the village in the form of cash, unconditional letter of credit, or surety bond, in a form acceptable to the zoning officer.
2. Amount. The dollar amount of the security fund shall be equal to the village engineer's reasonable estimated removal cost for the antenna.
3. Withdrawals. Following a removal notice provided under subsection 9-3-17-S, the village may withdraw an amount from the security fund equal to the village’s actual removal costs, provided that the owner or operator has not removed the antenna within the ninety (90)-day notice period.
4. Return. Upon removal of the antenna, the zoning officer will return the security fund, or such portion remaining on deposit, to the owner within a reasonable time after account is taken for all offsets necessary to compensate the village for the owner’s failure to remove the antenna upon notice provided by subsection 9-3-17 S.
5. Rights not limited. The rights reserved to the village with respect to the security fund are in addition to all other rights of the village, whether reserved by this subsection or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the village may have.
U. Insurance. The operator of every personal wireless services antenna must annually tender to the zoning officer proof of public liability insurance covering the facility in an amount not less than one million dollars ($1,000,000.00). (Ord. 2024-6, 3-7-2024)
9-3-15: SMALL WIRELESS FACILITIES:
A. Authorization. Subject to the limitations of this section, all principal or accessory uses and structures that are small wireless facilities shall be subject to the following standards, regulations, and requirements at all times in those zoning districts in which they are permitted or special uses.
B. Compliance with Laws.
1. All small wireless facilities must comply with the village code and all other applicable Federal, state, and local laws.
C. Permitted Use. Small wireless facilities are allowed as permitted uses in all non-residential zoning districts.
D. Special Use. Small wireless facilities are allowed as a special use in all residential districts and must be:
1. Designed so as to completely conceal all components of the small wireless facility within a new or existing structure that is architecturally compatible with its surroundings; which may include an antenna behind louvers, or in a false roof on a building, or inside a steeple, clock tower, flagpole (with a maximum diameter of fifteen inches (15")), campanile or bell tower; or
2. Camouflaged so as to blend into its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is:
a. Placed, such as a rooftop, lighting standard or existing tower; or
b. Replacing, such as a school athletic field light standard, or other similar structure.
E. Height.
1. The maximum height of a small wireless facility collocated on an existing structure shall be limited to ten feet (10') above the structure on which the small wireless facility is collocated.
2. The maximum height of a new small wireless facility which is not collocated on an existing structure may not exceed:
a. Ten feet (10') in height above the tallest existing utility pole that is in place on the date the application is submitted, that is located within three hundred feet (300') of the small wireless facility and that is in the same right-of-way within the village; or
b. Forty-five feet (45') above ground level.
F. Special Floor Area Ratio Exception. A small wireless facility collocated on an existing structure shall not count toward any required floor area ratio. (Ord. 2024-6, 3-7-2024)
9-3-16: ADULT BUSINESS USES:
A. Purpose. The purpose of this section is to provide specific regulations for adult business uses, in order to accommodate constitutionally-protected non-obscene sexual expression, while protecting the public health, safety, and general welfare of the village. The village’s corporate authorities find that:
1. Adult business uses require special supervision from the village’s law enforcement and public safety agencies to protect and preserve the public health, safety, morals, and welfare of the patrons and employees of businesses as well as the village's residents;
2. Adult business uses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;
3. Sexually transmitted diseases are a legitimate health concern for the village that demands reasonable regulation of adult business uses by the village in accordance with this section;
4. This section’s regulations are a legitimate and reasonable means of accountability to ensure that operators of adult business uses comply with reasonable regulations and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation;
5. There is convincing documented evidence that adult business uses, because of their outward appearance and very nature:
a. Have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them;
b. Cause increased crime, particularly during the overnight hours; and
c. Reduce property values;
6. The corporate authorities desire to minimize and control these adverse effects by regulating adult business uses in accordance with this section;
7. By minimizing and controlling these adverse effects, the corporate authorities seek to protect the health, safety, and welfare of the public; protect the public from increased crime; preserve quality of life; preserve property values and the character of the village’s neighborhoods; and deter the spread of urban blight;
8. The corporate authorities do not enact this section to suppress or authorize the suppression of any speech activities protected by the First Amendment; rather, this section establishes contentneutral regulations that address the secondary effects of adult business uses;
9. The corporate authorities do not enact this section to restrict, deny, or authorize the restriction or denial of access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market;
10. Evidence concerning the adverse secondary effects of adult business uses on communities is readily available in many court decisions, including, but not limited to: Township of Littleton, Colorado v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004); City of Los Angeles v. Almaeda Books, Inc., 535 U.S. 425 (2002); Township of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Township of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); Joelner v. Village of Washington Park, 378 F.3d 613 (7th Cir. 2004); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Pleasureland Museum, Inc. v. Beutter, 288 F.3d 988 (7th Cir. 2002); Shultz v. City of Cumberland, 288 F.3d 831 (7th Cir. 2000); Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980); Excalibur Group, Inc. v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); BBL, Inc. v. City of Angola, Cause No. 1:13-CV-76-RLM-RBC, 41 (N.D. Ind. Dec. 31, 2013); City of Chicago v. Pooh Bah Enterprises, Inc., 224 Ill. 2d 390 (2006); and XLP Corporation v. County of Lake, 359 Ill. App. 3d 239 (2d Dist. 2005); Northend Cinema, Inc. v. City of Seattle, 90 Wash. 2d 709 (Wash. Sup. Ct. 1978) (collectively, the “Cases”);
11. Many academics, municipalities, and other units of government throughout the country have studied and found significant adverse secondary effects associated with adult business uses, including, but not limited to:
a. McCord, E. S., & Tewksbury, R., Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime? An Examination Using Spatial Analyses. Crime & Delinquency, 59(7), 1108–1125 (2013);
b. Reuben J, Serio-Chapman C, Welsh C, Matens R, Sherman SG, Correlates of current transactional sex among a sample of female exotic dancers in Baltimore, MD. J Urban Health (2011);
c. Metropolis, Illinois, Investigator Affidavits Documenting Paid Sexual Conduct in Adult Entertainment Club, 2011-2012;
d. Clarksville, Indiana, Investigator Report re: Live Sexual Conduct in Adult Entertainment Establishment Booth Areas, 2009;
e. New Albany, Indiana, Investigator Report re: Illicit Sexual Conduct at Gentlemen’s Club, 2009;
f. El Paso, Texas, Twenty-One Affidavits re: Illicit Sex Acts and Unsanitary Conditions in Adult Cabarets and Adult Bookstores, 2008;
g. Rural Hotspots: The Case of Adult Businesses, 19 Criminal Justice Policy Review 153 (2008);
h. Crime-Related Secondary Effects of Sexually-Oriented Businesses: Report to the Jackson County Legislature, May 9, 2008;
i. Rochester/Olmsted Consolidated Planning Department and Office of the Rochester City Attorney, Adult Entertainment, Land Use and Legal Perspectives (1988);
j. Adult Cabarets, Factual Record, Phoenix, Arizona (1995-1998);
k. Adult Business Study, Planning Department, City of Phoenix (1979);
l. Indianapolis Department of Metropolitan Development, Division of Planning, Adult Entertainment Businesses in Indianapolis, An Analysis (1984);
m. Indianapolis Department of Metropolitan Development, Division of Planning, Study of Sexually Oriented Businesses and Property Values (1983);
n. M. McPherson and G. Silloway, Minnesota Crime Prevention Center, Inc., An Analysis of the Relationship between Adult Entertainment Establishments, Crime, and Housing Values (1980);
o. St. Paul, Minnesota, Department of Planning and Economic Development and Community Crime Prevention Project, Effects on Surrounding Area of Adult Entertainment Businesses in St. Paul (1979);
p. City of Phoenix Planning Department, Adult Business Study (1979);
q. Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, City of Whittier, California (1978); and
r. City of Amarillo, Texas, Planning Department, A Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo (1977) (collectively, the “Studies”);
12. The United States Congress has heard testimony detailing the negative secondary effects associated with adult business uses on numerous occasions, including 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636; 134 Cong. Rec. E. 3750 (collectively, the “Testimony”); and
13. Based on secondary effects discussed and found to exist in the cases, studies, and testimony, as well as all evidence presented and matters discussed during all public hearings and meetings conducted by the village, and all other relevant information, including the corporate authorities’ own knowledge and experience, the corporate authorities find that:
a. Adult business uses can contribute to increased crime in the area where such businesses are located and burden local law enforcement and public safety efforts. Crimes associated with adult business uses include, but are not limited to:
(1) Prostitution and other sex related offenses;
(2) Drug use and dealing; and
(3) Money laundering;
b. Adult business uses can contribute to significant public health concerns, including the spread of HIV/AIDS and other sexually transmitted diseases;
c. Adult business uses and their outward appearance can significantly:
(1) Contribute to the deterioration of residential neighborhoods;
(2) Increase neighborhood blight;
(3) Impair the character and quality of residential housing in the surrounding area; and
(4) Teduce overall housing appeal for potential residents;
d. The concentration of adult business uses in any one area can greatly impact the area by causing blight, decreasing property values, reducing the village’s tax base, making the area less attractive to non-adult business uses (i.e., marketability), and increasing crime;
e. Adult business uses can produce higher levels of noise, traffic, and glare as compared to other businesses by virtue of adult business uses’ hours of operation;
f. Serving or otherwise allowing the consumption of alcoholic liquor at adult business uses can lead to increased criminal activity and exacerbate neighborhood deterioration;
g. requiring adult businesses to be separated from each other and dissimilar uses is a reasonable regulation that will provide for the protection of the image of the village and its property values, and protect the residents of the village from the negative secondary effects of such business uses, while providing to those who desire to patronize adult business uses an opportunity in areas of the village which are appropriate for location of adult business uses;
h. The findings set forth in this section above constitute substantial governmental concerns;
i. Adult business uses have operational characteristics that require reasonable governmental regulation to address those substantial governmental concerns; and
j. Passing this section will promote and protect the public health, safety and welfare.
B. Restrictions on the Operation of Adult Business Uses:
1. Advertising: No adult business use shall be conducted in a manner that permits the observation of any material depicting, describing or relating to any specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right of way, site development area (SDA) line or property line.
2. Sale of Alcohol: No adult business use shall be located on any premises for which a license to sell alcohol has been issued and no alcohol shall be permitted on such premises.
3. Persons Under Eighteen (18) Years of Age Prohibited:
a. Persons under the age of eighteen (18) years are prohibited from being in or on the premises of any adult business use.
b. Any owner, manager, or other person in charge of any adult business use is prohibited from knowingly permitting any person under the age of eighteen (18) years from being in or on the premises.
4. Adult business uses must comply with applicable setback requirements. See Section 9-5-10 F.12. (Ord. 2024-6, 3-7-2024)
9-3-17: ACCESSORY DWELLING UNITS:
A. Requirements For Accessory Dwelling Unit: An ADU may be maintained as an accessory use on a lot with a single dwelling unit in the R-1, R-2 and R-3 districts, upon issuance of a building permit for the accessory unit, subject to the following requirements.
1. Only one accessory unit may be maintained per lot, and must be accessory to a principal structure.
2. At least one of the occupants of the primary unit or ADU must be the legal or beneficial owner of the property.
3. The ADU must conform to all applicable yard and bulk requirements.
4. The exterior of the ADU must be compatible in design with the primary residence.
5. The entrance for the ADU may not face the front yard lot line.
6. The plans for an ADU must demonstrate where one additional vehicle can be parked on an allowed parking surface, such as a driveway, or within a garage, while maintaining compliance with the primary unit parking requirements listed in Chapter 7.
7. The ADU may not exceed the gross living area of the existing principal structure.
B. In addition to the standards listed in 9-3-3B regulating detached accessory structures, detached ADUs must also comply with the following:
1. A ten foot (10') separation distance must be maintained between the foundations of the two (2) units.
2. A lot with an ADU may have no more than three (3) accessory structures, including the ADU.
3. A detached ADU may be no larger than eight hundred (800) square feet. (Ord. 2024-6, 3-7-2024; amd. Ord. 2024-44, 8-1-2024)
9-3-18: CONFORMANCE WITH STORMWATER MANAGEMENT REGULATIONS:
No building or parcel of land shall be devoted to any use and no building or structure, or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the provisions of Title 8, Chapter 1, Article L: Stormwater Management Regulations, of this code, which are expressly incorporated herein by reference. (Ord. 2024-6, 3-7-2024)
9-3-19: UTILITIES AND PUBLIC FACILITIES:
A. Public Sanitary Sewer and Water Supply: Each use hereafter established which requires sewage and water facilities shall be served by public sewage and water systems except as may be otherwise permitted by provisions of this code.
B. Public Service and Utility Uses: The following public service and utility uses are permitted in any district: wires, cables, conduits, vaults, laterals, pipes, mains and valves or other similar transmission and distributing equipment; provided, at least one of the following criteria are met:
1. Is located underground; or
2. Is an aboveground service facility that is less than four feet (4') in all dimensions; or
3. Is for temporary service during a period of new construction; or
4. Is located at the request of the Village; or
5. Is temporary for minor repair of existing facilities.
C. Emergency warning sirens, operated by an authorized emergency services and disaster agency, not exceeding fifty-five feet (55') in mounted height, shall be a permitted use in every district.
D. Aboveground Service Facilities:
1. Intent: To specify the location of aboveground service facilities so as to that minimizes their adverse impact on the Village’s appearance, community character, and public health safety, and welfare; and provide public utilities the ability to provide services to the community.
2. Applicability: Unless otherwise permitted as part of a special use approval for the property on which they are located or as allowed by another title of the Village Code, no aboveground service facility shall be constructed or installed on except in compliance with the provisions of this section.
3. Dimensions: Aboveground service facilities may not exceed four feet (4') in any dimension.
4. Location: Above ground service facilities may be located:
a. In any established utility easement to which the utility has an access right.
b. Within the defined building area of a property and not located in any defined yards.
c. On property owned, leased or otherwise controlled by the Village of Woodridge provided a lease, franchise or other written agreement is entered into with the Village after September 16, 2007, or where a license authorizing such aboveground service facility has been approved by the village after September 16, 2007.
d. Aboveground utility facilities may be a principal use on a property only if approved by the Village as a special use.
e. Aboveground service facilities shall not be located in the buildable area between a principal residential building and the front or exterior side yards.
5. Building Permit Requirements: A building permit shall be obtained prior to the installation of any aboveground service facility. Applications for a building permit to install an aboveground service facility shall include any requirements contained in title 8 of this code and additional information as may be required by the Zoning Officer to determine safe installation of equipment.
6. Other Restrictions:
a. Buildable Area: Aboveground service facilities shall not be located in the area between a principal residential building and the front or exterior side yards.
b. No signage, advertising, or information shall be allowed on or above aboveground service facilities other than four inches by six inches (4" x 6") identifying the service entity.
c. No visible or audible signals or lights or illumination shall be permitted on an aboveground service facility except for warning lights on cell towers, monopoles, water towers and similar structures if required by the federal aviation administration.
d. Aboveground service facilities shall be of earth tone colors and be maintained in good condition including, but not limited to, being free of peeling paint, rust and graffiti.
e. Aboveground service facilities shall be screened in accordance Chapter 8: Landscaping and Screening.
f. In the event the use of any aboveground service facility has been discontinued for a period of one hundred eighty (180) consecutive days, the aboveground service facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the zoning officer who shall have the right to request documentation and/or affidavits from the service entity regarding the use of the aboveground service facility. Upon the zoning officer's determination and written notification to the service entity of such abandonment, the service entity shall have an additional ninety (90) days within which to:
(1) Reactivate the use of the aboveground service facility or transfer the aboveground service facility to another service entity which makes actual use of the facility; or
(2) Dismantle and remove the aboveground service facility, and notify the zoning officer in writing of the completion of such removal. (Ord. 2024-6, 3-7-2024)
9-3-20: WATCHMAN AND CARETAKER FACILITIES:
Watchman and caretaker facilities are a permitted accessory use in the M-1, RBC, and ORI zoning districts, subject to the requirements for accessory structures listed in this chapter. (Ord. 2024-6, 3-7-2024)
9-3-21: PACKAGE LOCKERS:
Non post office associated lockers for package drop off and pick up that are located outside of a building should be in an area that is well lit and fully visible to the greatest extent possible, and is not located in a position that would encourage vehicles parking at the structure to block access or fire lanes. (Ord. 2024-6, 3-7-2024)
9-3-22: CANNABIS DISPENSARIES:
A Cannabis dispensaries listed herein are subject to the following terms and conditions:
A. Cannabis Dispensaries, their "principal officers," as defined and referred to in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), as amended, and the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), as amended, their agents and their employees shall strictly comply with all laws, regulations, ordinances and directives of the State and the Village, including, but not limited to, licensing requirements, registration requirements, operations requirements, zoning approvals, special use conditions and zoning requirements.
B. No Cannabis Dispensary may operate in the Village of Woodridge without first receiving all the approvals required for the operation if the cannabis business establishment, including, but not limited to, from the Village, the Illinois Department of Financial and Professional Regulation and the Illinois Department of Agriculture. Proof of receipt of all required approvals must be provided to the Zoning Officer prior to operation of a Cannabis Dispensary.
C. Any part of a building (also known as a tenant space) that is occupied by a Cannabis Dispensary shall be at least one thousand feet (1,000') from the perimeter lot line of any property within the corporate limits of the Village of Woodridge that is used for a school serving students in any grade level between kindergarten and twelfth grade.
D. Any part of a building (also known as a tenant space) that is occupied by a Cannabis Dispensary shall be at least one hundred feet (100') from the perimeter lot line of any property within the corporate limits of the Village of Woodridge that is zoned for or used as a dwelling.
E. There shall be a maximum of two (2) Cannabis Dispensaries within the corporate limits of the Village of Woodridge. (Ord. 2024-6, 3-7-2024)
9-3-23: REGULATIONS FOR CARGO CONTAINERS:
A Outdooor storage of cargo containers may be permitted in the M-1 zoning district subject to the following regulations.
A. Access: Cargo containers on or off a chassis shall not be stored in a manner or in a location that impedes access to public rights of way, structures and buildings. Cargo containers shall not be located or stored on any easement.
B. Materials Stored: Materials and products stored in the cargo containers shall not include any that decompose by detonation including, but not limited to, those materials and products listed in Chapter 10 Performance Standards. All other materials stored at the facility shall be properly placarded in accordance with the Emergency Response Guidebook (ERG). The facility manager shall maintain adequate and current bills of lading for the contents of all containers stored on site.
C. Minimum Lot Area: Notwithstanding anything contained in this chapter to the contrary, cargo container facilities shall have a minimum lot area of twenty (20) acres.
D. Paving: Cargo containers shall be stored on an asphalt or concrete surface that complies with all applicable Village of Woodridge drainage and stormwater detention regulations. Gravel, grindings, and tar and chip surfaces are prohibited.
E. Parking: No portion of any required off street parking or loading areas shall be used for the storage of cargo containers or similar storage devices.
F. Racking Height: Racking of a chassis shall not exceed fifty seven feet (57') in height. For racked chassis that exceed thirty feet (30') in height, one additional foot shall be added to all setbacks from the property line for each one foot (1') of height in excess of thirty feet (30') for the racked chassis.
G. Screening And Landscaping: Except as otherwise required in this chapter, screening and landscaping shall be provided in accordance with Chapter 8 Landscaping & Screening of this title.
H. Setbacks And Separations:
1. Cargo container and chassis storage shall be located a minimum of one thousand feet (1,000') from any property zoned or used for residential land uses.
2. If containers are stacked, an additional thirty feet (30') shall be added to all setbacks from the property line for each level of stacked containers in excess of one.
3. Cargo container and chassis storage shall be located a minimum of thirty feet (30') from any structure or building on the cargo container facility site.
4. Thirty foot (30') wide paved access drives shall be maintained at all times on all sides of a grouping.
I. Groupings: Side by side groupings shall not exceed a width of twenty (20) containers, twenty (20) chassis, or any combination of twenty (20) thereof. End to end groupings shall not exceed a length of two (2) containers, two (2) chassis, or a combination of two (2) thereof. The interiors of all containers shall be accessible from the thirty foot (30') wide paved access drive required in subsection 8d of this section.
J. Stacking Height: Cargo containers shall not be stacked more than three (3) containers high. Empty chassis shall not be stacked more than five (5) chassis high.
K. Signage: No signage, other than company identification logos and placards required by the ERG, shall be placed on any cargo container.
L. Container Modifications: Cargo containers shall not be modified or retrofitted for on-site habitation. Containers shall not have windows; heating, cooling, or plumbing systems; or multiple entrances. Cargo containers may have electric and ventilation systems as necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.
M. Fire Suppression and Insurance: All cargo container facilities shall provide access for emergency vehicles to all cargo containers both on and off a chassis. All cargo container facilities shall carry adequate insurance in an amount subject to the approval of the Zoning Official and shall provide a certificate of insurance to the Zoning Official prior to issuance of a certificate of occupancy.
N. Structural Integrity and Surety for Removal:
1. All cargo containers shall be safe, structurally sound, stable and in good repair as determined by the Zoning Official.
2. Any cargo container that, in the opinion of the Zoning Official, becomes unsound, unstable, or otherwise dangerous shall be immediately repaired or removed from the property.
3. Any cargo container stored or kept in violation of any applicable laws or regulations shall be deemed to be dangerous and a public nuisance and may be immediately removed by the Village.
4. Any cost or expense associated with the removal of one or more cargo containers shall be the responsibility of the property owner. All associated costs including, but not limited to, legal fees and court costs shall constitute a debt due and owed to the Village and shall be recordable as a lien upon the land of the cargo container facility and/or property owner. (Ord. 2024-6, 3-7-2024)