Village of Lincolnwood, IL Permitted and Special Uses in Districts

Permitted uses. Uses identified with a "P" in Table 4.01.1 are permitted as of right in each respective district, provided that uses comply with all other applicable standards of this ordinance. No building or premises improved or unimproved shall be used, and no building shall be hereafter erected, converted, enlarged, reconstructed, or structurally altered, except for a purpose permitted in the district in which the building or land use located as shown in Table 4.04.1, except for:

Uses lawfully established prior to the effective date of this Zoning Ordinance or in accordance with Article IX, Nonconformities, of this ordinance.

Special uses allowed in accordance with Article V, Section 5.18, Special uses.

(2)

Special uses. Uses identified with an "S" in Table 4.01.1 are considered special uses and may be permitted in the subject district only after review and approval in accordance with Article V, Section 5.18 (Special Uses) of this ordinance.

(3)

Prohibited uses. Uses identified with a "-" in Table 4.01.1 are expressly prohibited in the subject district. Uses that are not listed may also be prohibited; determination of whether an unlisted use may be permitted shall be made by the Zoning Officer in accordance with Section 4.05 of this Zoning Ordinance.

[Amended 3-5-2013 by Ord. No. 2013-3043; 3-2-2013 by Ord. No. 2013-3044]

4.05 Interpretation of uses.

The Village Board, upon recommendation of the Planning Commission, shall have the right to permit any other use not specifically listed in the following Table 4.01.1[1] without formal amendment, provided that the proposed use is similar to and compatible with those uses permitted in the district in question, and which is consistent with the purposes of this ordinance.

[1]

Editor's Note: Table 4.01.1 is included at the end of this chapter.

4.06 Additional use standards for residential districts.

[Amended 3-20-2012 by Ord. No. 2012-2993]

(1)

Specific standards for R Districts: Specific minimum and maximum standards for lots, buildings, bulk, density and yards in the Residential Districts are listed in Sections 4.14 and 4.15 of this Zoning Ordinance.

(2)

Minimum architectural standards: shall be required in Article VI (Site Development Standards) of this ordinance.

(3)

Reasonable accommodations procedure.

Purpose: The purpose of this Section 4.06(3) is to provide a procedure to request reasonable accommodation from the strict application of the regulations of this Zoning Ordinance for persons seeking equal access to housing under the Fair Housing Act, 42 U.S.C. § 3602(h)(1), as may be amended ("FHA"), and who have disabilities or handicaps as defined by the FHA.

Applicability: A request for reasonable accommodation may be made by any person with a disability or handicap, as defined by the FHA, or by an entity acting on behalf of a person or persons with disabilities or handicaps, to provide or secure equal opportunity to use and enjoy housing within the Village when the normal application of this Zoning Ordinance would act as a barrier to such equal opportunities. A request for reasonable accommodation may consist of either: (i) a request to locate and operate a community residence in a residential district of the Village; or (ii) a request for a modification or exception to the regulations of this Zoning Ordinance when such modification or exception is necessary to eliminate regulatory barriers and provide a person with a disability or handicap with equal opportunity to use and enjoy housing in the Village. Requests for reasonable accommodation shall be made in the manner prescribed by Section 4.06(3)(c) of this Zoning Ordinance.

Application requirements:

Application: Requests for reasonable accommodation shall be submitted on an application form provided by the Village and shall contain the following information:

(A)

The applicant's name, address, and telephone number;

(B)

The street address and legal description of the property for which the request is being made;

(C)

The current actual use of the property for which the request is being made;

(D)

The zoning regulation or regulations from which the reasonable accommodation is being requested, if applicable;

(E)

A statement from the applicant describing the basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities or handicaps) is considered disabled or handicapped under the FHA;

(F)

A statement as to why the requested accommodation is financially, therapeutically, or otherwise necessary to afford a handicapped or disabled person equal opportunity to use and enjoy housing in the Village; and

(G)

Documentation supporting the financial, therapeutic, or other necessity for the accommodation.

ii.

Additional information for proposed community residences: The following additional information shall be submitted with an application for a proposed community residence:

(A)

The name, address, and telephone number of the organization or other entity that will operate the proposed community residence;

(B)

A statement containing the name, address, driver's license number, and telephone number of all officers, directors, partners, managers, and owners of at least 25% of the stock of the proposed operator of the community residence;

(C)

A statement of the structure of ownership and governance of the proposed operator of the community residence;

(D)

A statement of whether the proposed operator, or any of the persons identified in the statement required pursuant to Section 4.06(3)(e)(ii)(B) of this Zoning Ordinance, have operated or are currently operating any housing facilities for persons with disabilities, and if so:

(i)

The location(s) of those facilities;

(ii)

A statement of whether the operator or any of the persons identified have been cited or found liable by any unit of government for any violations of law in connection with the operation of those facilities; and

(iii)

A statement of whether any license or certification issued for those facilities to the operator or any of the persons identified has been suspended or revoked; and

(E)

A certification that there are no existing community residences in the Village located on a lot within 800 feet, measured in any direction, of the lot on which the proposed community residence will be located.

iii.

Filing: Upon the filing of the application, together with all information required in this section, the Zoning Officer shall refer the request for a reasonable accommodation from the regulations of this Zoning Ordinance to the Plan Commission.

Public hearing: Following the proper filing of a complete application for reasonable accommodation, notice of a public hearing shall be provided and a public hearing concerning the request for reasonable accommodation shall be conducted by the Plan Commission.

Notice: Notice of the public hearing shall be delivered in accordance with Section 5.20 of this Zoning Ordinance.

Recommendation: Upon the conclusion of the public hearing, the Plan Commission shall recommend granting, granting with modifications, or denying the request for reasonable accommodation in accordance with Section 4.06(3)(h) of this Zoning Ordinance. The failure of the Plan Commission to act within 90 days after receipt of the application, or such further time to which the applicant may agree, shall be deemed to be a recommendation of the Plan Commission to deny the requested reasonable accommodation.

Action by Board of Trustees: The Board of Trustees, within 45 days after receipt of the recommendations of the Plan Commission, shall either approve or deny the proposed request for reasonable accommodation, by ordinance duly adopted and by a simple majority vote, or refer it back to the Plan Commission for further consideration. The failure of the Board of Trustees to act within the time period specified in this Section 4.06(3)(g), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees denying the proposed reasonable accommodation. Approval of a reasonable accommodation shall not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied.

Considerations: In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:

Whether the housing that is the subject of the request will be used by an individual or a group of individuals considered disabled or handicapped under the FHA;

ii.

Whether the accommodation requested is financially, therapeutically, or otherwise necessary to make specific housing available to the individual or group of individuals with a disability or handicap under the FHA;

iii.

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit;

iv.

Whether alternative accommodations would be suitable based on the circumstances of the particular application;

Whether the requested reasonable accommodation would be consistent with the general purpose and intent of the zoning district in which the property is located;

vi.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Village;

vii.

Whether the requested reasonable accommodation will adversely affect vehicular traffic or parking on the subject property or on the streets adjacent to the subject property, or in the neighborhood in which the subject property is located;

viii.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of the regulations set forth in this Zoning Ordinance; and

ix.

Whether the requested reasonable accommodation substantially affects the physical attributes of the subject property.

Prerequisite for community residences: The Plan Commission shall not recommend approval of, and the Village Board shall not approve, a request for a reasonable accommodation for a community residence unless either:

The proposed community residence is licensed as a community-integrated living arrangement pursuant to the Community-Integrated Living Arrangements Licensure and Certification Act, 210 ILCS 135/1 et seq., as may be amended ("CILA"); or

ii.

If not licensed pursuant to CILA, the proposed community residence is licensed, certified, or accredited by a government or other organization with standards for licensure, certification, or accreditation, as the case may be, through a process similar to the licensing performed by the Illinois Department of Human Services pursuant to CILA.

Conditions: In granting a request for reasonable accommodation, the Plan Commission may recommend, and the Village Board may impose, any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would be consistent with the FHA and the considerations listed in this Section 4.06(3).

Prohibited reasonable accommodations: Notwithstanding any provision of this Section 4.06(3) to the contrary, no reasonable accommodation shall be granted by the Village Board for a community residence:

Located on a lot that is within 800 feet, measured in any direction, of another lot within the Village on which a community residence is located;

ii.

That will serve as the residence for more individuals than permitted pursuant to CILA, whether or not the community residence is licensed pursuant to CILA; or

iii.

At which any medical treatments or services will be provided to nonresidents of the community residence.

Ongoing maintenance: Each community residence for which a reasonable accommodation has been approved pursuant to this Section 4.06(3) shall be operated and maintained in accordance with all conditions imposed by the Village in accordance with the ordinance approving the reasonable accommodation.

Reporting: Not less than once per year, each community residence for which a reasonable accommodation has been approved pursuant to this Section 4.06(3) shall deliver to the Village Director of Community Development a written report that provides evidence of continued compliance with the certification standards and conditions set forth in the ordinance approving the reasonable accommodation for the community residence.

Revocation: Upon the violation of any provision of this Section 4.06(3) or of the ordinance approving the reasonable accommodation, the Village Board shall have the right, but not the obligation, to revoke the reasonable accommodation, upon the provision to the applicant of two months' advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village President and Board of Trustees.

(4)

Short-term rental properties. No property may be used more than once per 365-day period as a short-term rental property.

[Added 2-16-2016 by Ord. No. 2016-3192; amended 6-7-2022 by Ord. No. 2022-3609]

4.07 Additional use standards for business and office districts.

(1)

Specific standards for B-Districts. Specific minimum and maximum standards for lots, buildings and yards in the B Districts are listed in Table 4.13, Bulk and Setback Standards, of this Zoning Ordinance.

(2)

Restricted uses. Nonresidential uses in a business/residential mixed use building within the boundaries of the Business/Residential Transition Area of the Lincoln Avenue Overlay District (as defined in Article VIII, B, of this ordinance) shall meet the following requirements:

All nonresidential uses shall not exceed 2,500 square feet in gross floor area;

All nonresidential uses shall be located on the ground floor;

Commercial uses in a business/residential mixed-use building shall be restricted to uses, including, but not limited to, the following:

Artist gallery or studio;

ii.

Beauty salon or barbershop;

iii.

Cafe or restaurant, without drive-through;

iv.

Dry-cleaners, pick-up only;

Massage therapy or other health-related establishment;

vi.

Office, general or professional;

vii.

Office, medical;

viii.

Specialty retail shop; and

ix.

Other uses which are found by the Plan Commission to be similar to permitted and special uses in the B-1 District.

The following commercial uses in a business/residential mixed-use building shall be prohibited within the Business/Residential Transition Area:

Auto/light truck sales and service;

ii.

Catering service;

iii.

Convenience store

iv.

Grocery store;

Liquor store;

vi.

Tattoo parlor; and

vii.

Pub, bar, or lounge.

(3)

Transitional yard. Wherever a business or office district abuts a residentially zoned lot, and the district is not separated from the residentially zoned lot by a street, a transitional yard shall be maintained. Transitional yards shall meet the following requirements:

[Amended 3-7-2023 by Ord. No. 2023-3666]

Buildings setback buffer. All structures on a B-1, B-2, or B-3 zoned lot that adjoins a residential district must be set back a distance that is equal to or greater than the side or rear yard setback requirement for the adjacent R-zoned lot, but not less than 10 feet. If the B-zoned property abuts two different R Districts, then the greater setback shall apply. If an alley separates the B-zoned lot from a residential district, the otherwise-required setback may be reduced by eight feet.

Landscape buffer. A landscape buffer must also be provided. This buffer shall extend the length of the lot line or segment of the lot line that abuts the residential district, and shall be at least eight feet wide or where screening consists of a masonry wall, a minimum width of five feet. If an alley separates the B-zoned lot from a residential district, the width of the required landscape buffer may be reduced to the distance between the building on the business or office district lot and the lot line. (See landscape buffer and screening requirements in Section 6.16 of this Zoning Ordinance).

Buffer restrictions. The landscape buffer shall not be used for the purposes of parking, loading, servicing, or storage, unless the B-zoned property is separated from the residential property by an alley and a six-foot-tall solid fence is provided along the lot line closest to the residential property. Any portions of the landscape buffer area not used for parking, loading, servicing or storage must be improved as required by this Section 4.07(3) and by Section 6.16 of this Zoning Ordinance. Any portion of a fence used as part of the required landscaped buffer and visible from a public street must be screened with evergreen trees with a minimum height of six feet at the time of installation.

Screening. In addition to standards required in Article VI, Part D, Landscaping, the following screening in transition yards is required:

Required screening shall be a minimum height of six feet at time of installation and may be comprised of berms, masonry walls, a double row of densely planted landscaping, or a combination thereof

ii.

Screening shall be continuous along the property line.

iii.

Berms shall be utilized to the maximum extent feasible.

iv.

Evergreen trees and shrubs shall be used to the greatest extent feasible in a fashion so as to inhibit views from residential property. For buildings on a B-zoned property that include windows located more than 20 feet above grade, the screening must include double rows of plantings, and evergreen or deciduous tree species designed to reach a mature height of not less than 25 feet.

The surface of the setback area shall be suitably covered with grass, ground cover or similar vegetation and periodically mulched. Impervious materials such as asphalt, concrete or a layer of stone is prohibited.

vi.

An eight-foot high masonry wall within a five-foot landscape setback area may be utilized as an alternative to meeting the minimum ten-foot width requirement. Masonry walls are subject to the regulations set forth in this Zoning Ordinance, Article III, Section 3.13, Fences and Natural Screening.

(4)

Auto service or gas stations. All service station gasoline pump islands shall be a minimum of 15 feet from any property line.

(5)

Outdoor operations. All business, service and commercial activities must be conducted within completely enclosed buildings unless otherwise expressly allowed in Section 4.07(7) of this section of the ordinance. This requirement does not apply to automated teller machines, or to off-street parking and loading or drive-through operations that are otherwise permitted by this ordinance. The Village Board may waive this provision by designating certain days on which special promotion may be conducted outside the building.

(6)

Outdoor dining and drinking. On-site outdoor seating areas for the patrons of eating and drinking establishments are allowed as an accessory use so long as the establishment complies with the Lincoln Avenue Overlay District standards or with any permitting requirements that the Village, from time to time, may establish. The following are minimum standards that shall apply to all outdoor cafes:

Planters, posts with ropes or other similar removable enclosures are permitted as a way of defining the area occupied by the cafe.

Pedestrian circulation and access to store entrances shall not be impaired.

Extended awnings, canopies or large umbrellas shall be permitted. Colors shall complement building colors.

Outdoor cafes shall provide additional trash receptacles in the outdoor eating area.

Operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within and immediately adjacent to the area of their activities.

(7)

Outdoor sales display. Outdoor display is prohibited except as follows:

As stipulated in an approved planned development; or

Seasonal outdoor display as defined in this ordinance; or

On-site display of products at business establishments with a primary use of:

Auto/light truck sales and service; and

ii.

Boat/RV sales, service or storage; and

iii.

Heavy equipment sales or service; and

iv.

Motorcycle sales or service; and

Flea market;

vi.

Garden center; and

vii.

Lumberyard.

(8)

Drive-through facilities. Drive-up or through facilities designed for transactions of business from customers' vehicles, and not otherwise permitted to serve any retail or business use otherwise permitted in the District, shall obtain a special use permit. In considering the issuance of a special use permit, the Plan Commission and the Village Board shall consider the following, in addition to the other general standards for Special Uses in Article V, Section 5.18.

[Amended 3-2-2013 by Ord. No. 2013-3044]

Number of lanes. To minimize any negative impacts related to drive-through lanes or the potential for circulation conflicts, conflicts with vehicles entering or exiting the site, pedestrian conflicts, and the existing condition of relatively small commercial lot sizes located within the Village, no more than one drive-through lane shall be permitted by special use permit in the B-1 District.

Sufficient stacking space. To establish safe stacking space, the following minimum stacking space is required: four vehicles at each bay window, ordering station or machine.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection (8)c, Location, was repealed 8-16-2016 by Ord. No. 2016-3225.

Interference. There shall be no interference with the operations of other businesses or residential uses in proximity of the drive-up facility.

Any other matter or information determined to be relevant to the reasonableness of the proposed use.

(9)

Dry cleaning. Dry cleaning and pressing establishments shall employ facilities for the cleaning and pressing of not more than 1,750 pounds of dry goods per day, and shall use perchlorethylene or other similar non-inflammable solvents approved by the Fire Department.

(10)

Pub, bar, or lounge. Taverns, pubs and lounges as defined in this ordinance, shall be subject to the following standards:

Such use shall hold a valid liquor license and shall comply with all regulations of the state and the Village of Lincolnwood with regard to liquor sales or service.

Such use shall not be in excess of 2,500 square feet, including the square footage of any open or closed patio, paved area, or public sidewalk which sidewalk is leased from the Village and is used to serve or consume alcoholic beverages.

Such use and the lot on which it is located shall not be located within 500 feet of another bar, tavern, or lounge use, said measurement being made from the point of the commercial lot nearest any other bar, tavern or lounge.

(11)

Animal shelter/kennel. Animal shelter/kennels as defined in this ordinance, shall be subject to the following standards:

Such use shall be limited to the treatment or care of domestic pets and animals only;

Kennels shall be located entirely within the building and soundproofed to meet the standards of established by the Illinois Pollution Control Board of the Environmental Protection Agency, as may be amended from time to time.

(12)

Residential uses. Any residential use permitted in the business districts shall comply with the Lincoln Avenue Overlay District (Article VIII, Part B), and the Village Center Planned Development District (Article VIII, Part C) and the following additional standards:

Ground floor dwelling units are prohibited in all business districts, unless otherwise permitted in the residential infill area, Section 8.14, (Recommended Standards for the Business/Residential Infill Area) of the Lincoln Avenue Overlay District;

B-1, and B-3 residential uses shall comply with all standards of Article VIII, Parts B and C, of this ordinance: Lincoln Avenue Overlay District, and Village Center Planned Development District.

Any form of residential parking is prohibited in all portions of the front yard and individual garage doors shall not face the public street; and

Any form of residential parking is prohibited in any portion of the corner side yard.

(13)

Additional standards for the Lincoln Avenue corridor. Properties within the Lincoln Avenue Overlay District are subject to additional standards as stated in Article VIII, Part B of this Zoning Ordinance.

[Amended 2-5-2013 by Ord. No. 2013-3037]

(14)

Site plan review, landscape and parking standards. Site plan approval shall be required for all new construction and additions to existing structures. Site plan, site design and landscape standards are required as enumerated in Article V of this Zoning Ordinance. Off-street parking shall be provided for each use shown in Table 4.01.1, as required or permitted in Article VII (Off- Street Parking and Loading).

[Ord. No. Z2009-368]

(15)

Hours of operation. No business located within 150 feet of any residentially zoned or residentially used property shall be open to the public, or allow the arrival or departure of delivery vehicles, before 7:00 a.m. or after 11:00 p.m. on any day, except upon issuance of a special use permit issued pursuant to Section 5.17 and the other applicable sections of this Zoning Ordinance.

[Ord. No. 2010-2885; amended 12-19-2023 by Ord. No. 2023-3746]

(16)

Medical cannabis uses.

[Added 9-2-2014 by Ord. No. 2014-3128]

Definitions. For purposes of this Section 4.07(16), any term not defined in this Zoning Ordinance shall have the meaning set forth in the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq. (Medical Cannabis Act).

Medical cannabis cultivation centers prohibited. Pursuant to Section 105(c) of the Medical Cannabis Act, medical cannabis cultivation centers may not be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day-care center, day-care home, group day-care home, part-day child-care facility, or an area zoned for residential use. Accordingly, medical cannabis cultivation centers are prohibited throughout the Village.

Standards for approval. The Village shall not issue a special use permit for a medical cannabis dispensary that does not satisfy, at a minimum, the standards and requirements set forth in this Section 4.07(16).

Additional application requirements. In addition to the requirements set forth in Article V of this Zoning Ordinance for special use permits, applicants for a special use permit for a medical cannabis dispensary must submit the following additional documents and information:

A statement containing the name, address, and telephone number of all officers, directors, partners, managers, and owners of at least 5% of the stock or equitable or beneficial interest of the applicant;

ii.

A complete statement of the legal entity of ownership of the applicant;

iii.

A statement of whether the applicant or any of the persons identified in the statement required pursuant to Section 4.07(16)di of this Zoning Ordinance have operated or are currently operating any medical cannabis cultivation centers or medical cannabis dispensaries and, if so:

(a)

The location(s) of those facilities;

(b)

(c)

A statement of whether any license or certification issued for those facilities to the operator or any of the persons identified has been suspended or revoked.

iv.

Identification of all lenders (secured or unsecured) and secured creditors of the applicant;

A statement of whether the applicant or any of the persons identified in the statement required pursuant to Section 4.07(16)di of this chapter has ever been convicted of a felony under the laws of the United States or any political subdivision thereof and, if so, the particulars of such conviction;

vi.

A proposed sign plan, which plan must comply with regulations set forth in Section 4.07(16)h of this chapter; and

vii.

A proposed security plan, as required pursuant to Section 4.07(16)k of this chapter.

Restricted locations. No medical cannabis dispensary shall be located on any lot that is: less than 250 feet from any lot located in a Residential Zoning District; less than 250 feet from any lot used for a preexisting religious institution; less than 500 feet from any lot located in the P Public Open Space - Recreation - Park Zoning District; less than 1,000 feet from any lot used for a preexisting public or private preschool or elementary or secondary school or day-care center, day-care home, group day-care home, or part-day child-care facility; or less than one mile from any other existing and operating medical cannabis dispensary. The distance requirements set forth in this Section 4.07(16)c are to be measured from lot line to lot line.

Single use property. No medical cannabis dispensary shall be established in a multiple-use or multiple-tenant property, or on a site that shares parking with other uses.

Exterior display.

No medical cannabis dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, medical cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of way or any property other than the lot on which the dispensary is located.

ii.

No portion of the exterior of the dispensary shall utilize or contain any flashing lights, searchlights, spotlights, or any similar lighting system.

Signage. Notwithstanding any provision of this Zoning Ordinance to the contrary, the following signage requirements are required for medical cannabis dispensaries:

All commercial signage for a medical cannabis dispensary shall be limited to one flat wall sign not to exceed 10 square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the dispensary address.

ii.

No signs may be directly illuminated.

iii.

Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.

iv.

Electronic message boards and temporary signs are not permitted in connection with a dispensary.

Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or language referencing cannabis.

Hours of operation. Notwithstanding Section 4.07(15) of this Zoning Ordinance to the contrary, medical cannabis dispensaries shall operate only between 6:00 a.m. and 8:00 p.m.

Drive-through windows and facilities prohibited. Medical cannabis dispensaries shall not have drive-through facilities or provide drive-through service.

Security and video surveillance. Each medical cannabis dispensary must provide security and video surveillance: as required by applicable state laws and regulations; and in conformance with a security plan approved in advance by the Village Chief of Police.

On-site conduct.

Loitering is prohibited on any lot used for medical cannabis dispensary.

ii.

It shall be prohibited to smoke, inhale or consume cannabis products in the medical cannabis dispensary or anywhere on the lot used for the dispensary.

Insurance required. The Village shall not issue a special use permit for a medical cannabis dispensary unless the applicant has procured comprehensive general liability and property insurance policies in minimum amounts of $5,000,000 in aggregate, which policies must name the Village as an additional insured party.

Minors prohibited. No person under the age of 18 may be permitted within any medical cannabis dispensary, except when in the custody and control of his or her parent, grandparent, or legal guardian, or another adult age 18 or older with supervisory authority over such person.

(17)

Short-term rental properties. No property may be used more than once per 365-day period as a short-term rental property.

[Added 2-16-2016 by Ord. No. 2016-3192; amended 6-7-2022 by Ord. No. 2022-3609]

(18)

Warehouse and self-storage facilities. Any lot located in the O-1 Office District with frontage along North Cicero Avenue, West Devon Avenue, North Lincoln Avenue, or West Touhy Avenue is prohibited from being used. in whole or in part, for warehouse or self-storage facility uses.

[Added 12-6-2016 by Ord. No. 2016-3242[2]

[2]

Editor's Note: This ordinance was not incorporated into the Code upon its adoption as the result of an error. The addition of the material to the Code later resulted in the renumbering of former Subsections (18) and (19) as Subsections (19) and (20), respectively.

(19)

Adult use cannabis dispensaries.

[Added 9-9-2021 by Ord. No. 2021-3554]

Definitions. For purposes of this Section 4.07(18), any term not defined in this Zoning Ordinance has the meaning set forth in the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq.

Standards. No adult use cannabis dispensary may be operated in the Village unless, at minimum, it satisfies the standards and requirements set forth in this Section 4.07(18).

Restricted locations.

Adult use cannabis dispensaries are only permitted within the B-1 District on zoning lots with frontage on Devon Avenue.

ii.

Adult use cannabis dispensaries are not permitted within the B-2 District on zoning lots with frontage on Cicero Avenue between Devon Avenue and Estes Avenue, or with frontage on Touhy Avenue between Keystone Avenue and East Prairie Avenue, or with frontage on Devon Avenue between Keating Avenue and Cicero Avenue, or with frontage on Devon Avenue between Crawford Avenue and the Union Pacific Path.

iii.

Adult use cannabis dispensaries are not permitted within the B-3 District on zoning lots with frontage on Kostner Avenue between Lincoln Avenue and Greenleaf Avenue.

iv.

Adult use cannabis dispensaries are not permitted within the O-1 District on zoning lots with frontage on Lincoln Avenue.

Adult use cannabis dispensaries are permitted within the Lincolnwood Town Center Planned Unit Development.

Drive-through windows and facilities prohibited. Adult use cannabis dispensaries may not have drive-through facilities or provide drive-through service.

Security and video surveillance. Each adult use cannabis dispensary must provide security and video surveillance: i) as required by applicable state laws and regulations; and ii) in conformance with a security plan approved in advance by the Village Chief of Police.

On-site conduct. Loitering is prohibited on any lot used as an adult use cannabis dispensary.

Minors prohibited. No person under the age of 18 may be permitted within any adult use cannabis dispensary, except when in the custody and control of his or her parent, grandparent, or legal guardian, or another adult age 18 or older with supervisory authority over such person.

Emanation of odors. Doors, windows, and HVAC systems shall be maintained in a manner to prevent the emanation of any cannabis-related odors.

(20)

Delivery-oriented businesses. Delivery-oriented businesses are considered to be in operation subject to the standards set forth in Section 4.07(15) and when:

[Added 4-24-2023 by Ord. No. 2023-3686]

The business is open to receiving delivery of inventory;

The business is open to the general public for on-site sales;

The business offers delivery of goods to customers; or

Employees of the business are present at the property.

4.08 Additional use standards for M-B - Light Manufacturing/Business District.

(1)

Retail, sales and services uses. As referenced in Table 4.01.1, only the following retail, sales and service uses shall be permitted in the M-B District. Off-street parking shall be provided for each use shown in Table 7.01.1, as required or permitted in Article VII (Off-Street Parking and Loading).

Bakery, retail or wholesale;

Furniture repair, cleaning, or refinishing with retail sales;

Furniture store;

Greenhouse, including retail and wholesale of plants and produce;

Printing, publishing or lithography establishments;

Retail as an accessory use to any permitted principal use;

Any retail, sales and service use found to be similar to permitted retail, sales and service uses and an appropriate transition between the traditional manufacturing uses and the adjoining districts by the Plan Commission.

(2)

All business, processing, storage and all other activities and operations shall be conducted within completely enclosed buildings, except for off-street parking and off-street loading operations. Drive-up, drive-in, drive-through type operations shall be allowed only by special use permit. Outdoor storage may be permitted as a special use if such storage is customary to the principle use on site.

(3)

Noise, glare, vibration, odor, etc., shall be regulated according to standards established by the Illinois Pollution Control Board of the Environmental Protection Agency, as may be amended from time to time. Additionally, all uses within the M-B District shall comply with the environmental performance standards set forth in Article VI of this ordinance. These standards control noise, vibration, air pollutants, toxic materials, fire and explosive hazards, lighting and glare and shall be required in addition to the Illinois EPA standards.

(4)

Hours of operation. No business located within 150 feet of any residentially zoned or residentially used property shall conduct its primary business or manufacturing activities, or allow the arrival or departure of delivery vehicles, before 7:00 a.m. or after 11:00 p.m. on any day, except upon issuance of a special use permit issued pursuant to Section 5.17 and the other applicable sections of this Zoning Ordinance.

[Ord. No. 2010-2885; amended 12-19-2023 by Ord. No. 2023-3746]

(5)

Firearms shooting ranges.

[Added 5-20-2014 by Ord. No. 2014-3096]

Restricted locations. The Village will not issue a special use permit for a firearms shooting range on any lot that is: (i) less than 250 feet from any lot located in a Residential Zoning District; (ii) less than 250 feet from any lot located in the P Public Open Space - Recreation Park Zoning District; or (iii) less than one mile from any other existing and operating firearms shooting range. The distance requirements set forth in this Section 4.08(5)(a) are to be measured from lot line to lot line.

Additional application requirements. In addition to the requirements set forth in Article V of this Zoning Chapter for special use permits, applicants for a special use permit for a firearms shooting range must submit the following additional documents and information:

ii.

A complete statement of the legal entity of ownership of the applicant;

iii.

A statement of whether the applicant, or any of the persons identified in the statement required pursuant to Section 4.08(5)(i) of this Zoning Ordinance, have operated or are currently operating any firearms shooting ranges and, if so:

(a)

The location(s) of those facilities;

(b)

(c)

A statement of whether any license or certification issued for those facilities to the operator or any of the persons identified has been suspended or revoked.

iv.

Identification of all lenders (secured or unsecured) and secured creditors of the applicant; and

A statement of whether the applicant, or any of the persons identified in the statement required pursuant to Section 4.08(5)b(i) of this chapter, has ever been convicted of a felony under the laws of the United States or any political subdivision thereof, and if so, the particulars of such conviction.

Design standards. The Village will not issue a special use permit for a firearms shooting range that does not satisfy, at a minimum, the following design standards:

The range must be designed in conformance with the United States Department of Energy Range Design Criteria, dated June 4, 2012, as may be amended;

ii.

The range must conform to the requirements of the United States Occupational Safety and Health Administration;

iii.

The range must conform to a safety plan approved in advance by the Village Chief of Police, which plan must include, without limitation, specific range safety requirements and safety procedures for employees and customers;

iv.

The range, and the lot on which the range is located, must comply with a security plan approved in advance by the Village Chief of Police;

Noises generated by the shooting activity on the range must comply with all applicable federal, state, and Village noise laws and regulations; and

vi.

The range must comply with all applicable United States Environmental Protection Agency and Illinois Environmental Protection Agency regulations concerning the use and possession of lead.

Insurance required. The Village will not issue a special use permit for a firearms shooting range unless the applicant has procured comprehensive general liability and property insurance policies, in minimum amounts of $5,000,000 in aggregate, which policies must name the Village as an additional insured party.

Supervision. At all times during which the firearms shooting range in operation, the range must be supervised by a range safety officer duly certified by the National Rifle Association.

Assault weapons prohibited. No assault weapon, as that term is defined in Section 9-1-2 of the Municipal Code of Lincolnwood, as amended, may be used within any firearms shooting range, except as approved in advanced by the Village Chief of Police for sworn law enforcement officers of the state or any political subdivision thereof.

Minors prohibited. No person under the age of 18 may be permitted within any firearms shooting range, except when in the custody and control of: (i) his or her parent, grandparent, legal guardian: (ii) a firearms instructor certified pursuant to the Illinois Firearms Concealed Carry Act, 430 ILCS 66/1 et seq.; or (iii) another adult age 18 or older with supervisory authority over such person.

Drugs and alcohol prohibited. No illegal drugs or alcoholic liquor may be consumed within any firearms shooting range.

FOID card required. No person may operate any firearm within any firearms shooting range unless he or she either: (i) is in possession of a firearm owner's identification card issued by the State of Illinois; (ii) is participating in a firearms training course under the direction of a firearms instructor certified pursuant to the Illinois Firearms Concealed Carry Act, 430 ILCS 66/1 et seq.; or (iii) is a minor permitted to be within the range pursuant to Section 4.08(5)g of this chapter.

(6)

Medical cannabis dispensaries. Medical cannabis dispensaries located in any M-B District are allowed only within the MBROZ Overlay Zone, and only upon issuance of a special use permit therefor. Medical cannabis dispensaries are subject to the standards set forth in Section 4.07(16) of this Zoning Ordinance.

[Added 9-2-2014 by Ord. No. 2014-3128]

(7)

Warehouse and self-storage facilities. Any lot located in any M-B District with frontage along North Cicero Avenue, West Devon Avenue, North Lincoln Avenue, or West Touhy Avenue is prohibited from being used, in whole or in part, for warehouse or self-storage facility uses.

[Added 12-6-2016 by Ord. No. 2016-3242[1]

[1]

Editor's Note: This ordinance was not incorporated into the Code upon its adoption as the result of an error. The addition of the material to the Code later resulted in the renumbering of former Subsections (7) and (8) as Subsections (8) and (9), respectively.

(8)

Adult use cannabis dispensaries. Adult use cannabis dispensaries are only permitted within the M-B District on zoning lots with frontage on Devon Avenue or on Touhy Avenue, and are subject to the standards set forth in Section 4.07(18) of this Zoning Ordinance.

[Added 9-9-2021 by Ord. No. 2021-3554]

(9)

Cannabis craft growers. Cannabis craft growers are allowed only in the M-B District and only upon issuance of a special use permit therefor. Cannabis craft growers are prohibited from allowing any cannabis-related odors to emanate outside of a building in which they operate.

[Added 6-21-2022 by Ord. No. 2022-3621]

4.09 Additional use standards.

[Amended 3-2-2013 by Ord. No. 2013-3044; 4-19-2016 by Ord. No. 2016-3202]

(1)

Public open space.

Parks and boundaries of parks. The parks located within the Village and park boundaries are as set forth in the Village Code.

Hours. Opening and closing hours for all Parks shall be as determined by the Board of Trustees as set forth in the Village Code.

Off-street parking and off-street loading. Parking shall be in accordance with applicable regulations set forth herein in Article VII.

Signs. Signs in the P District shall comply with the regulations set forth in Article XI of this Zoning Ordinance.

Lighting/security lighting. As determined by the Zoning Officer.

Nonconforming buildings, structures and uses. Nonconforming, buildings, structures and uses shall be governed by the applicable regulations set forth in Article IX of this ordinance.

Accessory buildings, structures and uses. In addition to parks and playgrounds as permitted in Table 4.01.1, the following accessory buildings, structures and uses are permitted in the Public Open Space - Recreation - Park District:

Accessory buildings including, but are not limited to, indoor recreation and fitness facilities, clubhouses, washrooms, changing rooms, maintenance buildings, indoor/outdoor shelter structures, bleachers, arbors, pergolas, recreation and community centers;

ii.

Accessory commercial facilities, including concession stands, where incidental to the operation of public recreational uses;

iii.

Sculpture garden, public;

iv.

Outdoor storage of park supplies;

Privately operated baseball/softball recreational facilities open to the general public;

vi.

Meeting and recreation facilities for Veterans' organizations located in public buildings;

vii.

Structures or tents erected seasonally; and

[Added 10-19-2022 by Ord. No. 2022-3638[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection (1)(g)vii as Subsection (1)(g)viii.

viii.

Other uses which are found by the Plan Commission to be similar to permitted and special uses in the P District.

The following temporary uses are permitted, subject to conditions, as follows:

Festivals and carnivals shall be permitted only when sponsored by a not-for-profit religious, philanthropic or civic group or organization; provided however, than any such use shall require the specific prior approval of the Board of Trustees by ordinance.

ii.

Indoor and outdoor art, craft, plant, concerts, shows and other amusements. Such use shall require the specific prior approval of the Board of Trustees by ordinance.

(2)

Pre-K — 8 schools.

Off-street parking and off-street loading. Parking within the S Schools District shall comply with the applicable regulations set forth in Article VII of this Zoning Ordinance.

Nonconforming buildings, structures and uses. Nonconforming buildings, structures and uses within the S Schools District shall be governed by the applicable regulations set forth in in Article IX of this Zoning Ordinance.

Accessory buildings, structures and uses. In addition to pre-K — 8 school buildings, the following accessory buildings, structures and uses are permitted in the S Schools District:

Accessory buildings, including, but not limited to, clubhouses, washrooms, changing rooms, indoor and outdoor shelter structures, bleachers, baseball backstops, concession stands, arbors, and pergolas not to exceed 35 feet in height;

ii.

An accessory preschool and day-care center not to exceed 5% of the total gross floor area within the S Schools District;

iii.

Accessory recreation and open space uses, including, but not limited to, baseball fields, soccer fields, basketball courts, other athletic fields, playground equipment, and gardens;

iv.

Accessory administrative and office uses related to the administration of pre-K — 8 schools; and

Accessory temporary classroom structures, but only pursuant to a special use permit approved by the Board of Trustees in accordance with Section 5.17 of this Zoning Ordinance.

Stormwater management. All buildings, structures, and other improvements located within the S Schools District must comply with all applicable laws, ordinances, and regulations pertaining to stormwater management, including, without limitation, Article 6 of Chapter 12 of the Municipal Code of Lincolnwood.