A.
Authorization. Subject to the limitations of this section, and except
as limited by the regulations of the district where located, accessory
structures and uses are permitted in any zoning district in connection
with any principal use lawfully existing within such district.
B.
Definition. An accessory structure or use is a structure or use that:
(1)
Is subordinate in purpose, use, and floor area to, and serves,
a principal structure or use; and
(2)
Is customarily incident to such principal structure or use;
and
(3)
Contributes to the comfort, convenience, or necessity of those
occupying, working at, or being served by such principal structure
or use; and
(4)
Except as otherwise expressly authorized by the provisions of
this code, is located on the same zoning lot as such principal structure
or use; and
(5)
Is under the same ownership and control as such principal structure
or use.
C.
Certificate of zoning compliance required. When required by § 260-1141C of this code, a certificate of zoning compliance evidencing the compliance of the accessory use or structure with the provisions of this code shall be obtained before any such accessory use or structure is established or constructed.
D.
Special regulations applicable to particular accessory structures
and uses.
(1)
Storage. Except as otherwise expressly permitted by this code, outdoor storage shall not be allowed as an accessory use. When so permitted, such storage shall be screened as required by § 260-908C of this code. Accessory storage structures (other than parking garages and structures, barns, and stables) shall not exceed 10% of either the floor area or the volume of the principal structure if accessory to any other type of principal structure; nor 5% of the land area dedicated to any use not involving a principal structure.
[Amended 1-9-2023 by Ord. No. 2023-01]
(2)
Residential recreational facilities. Residential recreational
facilities shall be limited to use by the occupants of the principal
residential use and their guests and, when not fully enclosed in a
building, shall be illuminated only by natural sunlight, except for
minimum lighting requirements as established pursuant to the Building
Code and approved by the Building Commissioner for safety purposes
in connection with residential recreational facilities.[1] See § 260-908E of this code for landscaping and screening requirements applicable to such facilities.
[Amended 9-24-2012 by Ord. No. 2012-24]
(3)
Dog boarding. The boarding of dogs shall be permitted only as an accessory use to a residential use on the same lot and may not involve the boarding of more than three dogs. Any dog boarded on a lot shall be included in the calculation of the total number of dogs kept, harbored, or otherwise maintained on a lot pursuant to § 260-310D of this code. The boarding of more than three dogs on a lot shall be deemed a public nuisance.
[Amended 11-12-2002 by Ord. No. 2002-29]
(4)
Private stables for horses and ponies. The following provisions
shall govern private stables, which shall be permitted only as accessory
to a residential use on the same lot:
(a)
Stable required. No horse or pony shall be kept on lot for any
period of time without a stable meeting the requirements of this paragraph.
(b)
Minimum lot area. No private stable shall be located on a lot
of less than 75,000 square feet.
(c)
Location on lot. In no event shall any private stable be located
in a front yard or within 50 feet of any lot line.
(d)
Screening required. No private stable shall be erected within
150 feet of Telegraph Road or Wilmot Road, or within 130 feet of any
other street, or within 75 feet of any lot line, unless such private
stable is adequately screened from such street or lot line by a densely
planted hedge of not less than 12 feet in height, or such other vegetative
screen as may be approved by the Building Commissioner.
(e)
Stall size. The box stall size for a private stable shall be
not less than 10 feet by 10 feet; the standing stall size for a private
stable shall be not less than four feet by eight feet; provided, however,
that any enclosure designed for the purpose of sheltering horses or
ponies shall be not less than 200 square feet in total area.
(f)
Feeding. The feeding, other than grazing in open pasture, of
any horses or ponies maintained in connection with a private stable
shall not be permitted within 50 feet of any lot line.
(g)
Paddocks required. No private stable shall be located on any
lot without a paddock not less than 40 feet by 20 feet in area into
which the stable opens; and no paddock shall be located within 75
feet of a well or above a septic field. All paddocks shall be of suitable
construction to prevent the animals from leaving the enclosure. Paddocks
may be enclosed with fencing, provided such fencing is not less than
four feet in height and contains not less than three rails or three
strands of barbed wire.
(h)
Number of horses or ponies permitted. The maximum number of
horses or ponies permitted to be sheltered in a private stable on
a lot shall be determined in accordance with the following table:
|
Lot Area
(square feet)
|
Maximum Number of Horses or Ponies
|
|---|---|
|
75,000 to 136,999
|
2
|
|
137,000 to 159,000
|
3
|
|
160,000 to 199,999
|
4
|
|
200,000 to 239,999
|
5
|
|
240,000 or more
|
6
|
(i)
No commercial or agricultural use. No private stable, or horses
or ponies sheltered therein, or paddock used in connection therewith,
shall be used for commercial or agricultural purposes.
(j)
Sanitation. Horses and ponies kept in connection with a private
stable shall be adequately sheltered and proper sanitation shall be
maintained at all times. All open grain used for feeding shall be
stored in metal or other rodentproof receptacles.
(k)
Licensing. All private stables shall be subject to such licensing
provisions as may be prescribed from time to time by Village ordinance.
(l)
Abandonment. Notwithstanding the provisions of Article X of this code, the authority to maintain a horse or pony on a nonconforming lot or the authority to maintain a nonconforming stable or paddock on a lot will not be extinguished, nor will such nonconforming stable be deemed abandoned, merely because such activities have been discontinued for a period of 12 consecutive months or more, so long as the facilities used for keeping a horse or pony remain suitable for such use during the period of discontinued activity.
[Amended 1-14-2008 by Ord. No. 2008-01; 5-22-2017 by Ord. No. 2017-12]
(5)
Parking lots prohibited in residential districts. Parking lots
shall not be permitted as an accessory use in any single-family residential
district.
(6)
Off-street storage of vehicles in parking garages and areas
in residential districts. The following provisions shall govern the
off-street storage of all vehicles in all residential districts:
(a)
Storage defined. For purposes of this paragraph, the term "storage"
shall mean the parking of a vehicle for a continuous period of longer
than eight hours.
(b)
Classification of vehicles. For purposes of this code, vehicles
shall be classified as follows according to size, regardless of the
use to which the vehicle is put or intended or designed to serve and
regardless of any other classification system made applicable to vehicles
by any other governmental body:
[1]
Class I vehicle: a vehicle, other than a recreational vehicle,
that does not exceed 20 feet in length; seven feet in width, and eight
feet in height.
[2]
Class II vehicle: a vehicle that is not a Class I vehicle and
that does not exceed 23 feet in length, eight feet in width, or 10
feet in height and that, if used in commerce, does not exceed 8,000
pounds in gross weight, including vehicle and maximum load.
[3]
Class III vehicle: a vehicle that is neither a Class I vehicle
nor a Class II vehicle.
(c)
Storage of vehicles in garages. Any number of Class I, Class
II, or Class III vehicles may be stored in a garage in a residential
district, provided that said garage complies with all applicable provisions
of this code. Class II and Class III vehicles used in commerce shall
be stored only in a completely enclosed garage.
(d)
Storage of vehicles in parking areas.
[2]
Location on lot. Vehicles may be stored in parking areas only
in compliance with the provisions of Subparagraph D(6)(e) of this
section and only in the following locations on a lot in a residential
district:
[a]
Class I vehicle: anywhere on the lot, including
any required yard, except within five feet of any lot line or 25 feet
of any roadway pavement.
[b]
Class II and Class III vehicles: anywhere on the
lot, including the required side and rear yards, but excluding the
required front and corner side yards, and except within five feet
of any lot line or 25 feet of any roadway pavement.
(e)
General regulations and standards. The following standards and
regulations shall apply to the storage of vehicles in parking areas
on a lot in a residential district:
[1]
Surface. No motorized vehicle shall be stored except on an all-weather,
stone, gravel, asphaltic, or cement pavement surface.
[2]
Screening. See § 260-908D of this code for landscaping and screening requirements applicable to the storage of Class II and Class III vehicles on a lot in a residential district.
[3]
Permanent location prohibited. No vehicle shall have its wheels
removed or be affixed to the ground so as to prevent its ready removal.
[4]
Residential use prohibited. No vehicle shall be used for living,
sleeping, or housekeeping purposes.
[5]
Utility hookups. No vehicle shall be connected to any public
utility except for required servicing.
[6]
Unsafe conditions. No vehicle shall be parked or stored so as
to create a dangerous or unsafe condition. The ground under or surrounding
the location wherein a vehicle is stored shall be free of noxious
weeds, debris, and combustible material.
[7]
Commercial identification prohibited. No vehicle with any exterior marking in excess of one square foot in area, measured as provided in § 260-906D(11) of this code, identifying or advertising a commercial enterprise shall be stored in any parking area on any lot in a residential district.
(f)
Inoperable vehicles. No vehicle incapable of being driven or
used for the purpose or use for which it was designed shall be stored
in any parking area.
(g)
Temporary storage. Notwithstanding any other provision of this
Paragraph D(6), any vehicle may be stored at any location on a lot
in a residential district for a temporary period not to exceed 72
hours; provided, however, that, unless authorized by the Building
Commissioner based on special circumstances, no more than one such
temporary period shall occur in any seven-day period. No certificate
of zoning compliance shall be required for such temporary storage.
(7)
Antennas with surface areas of 10 square feet or less. Antennas and antenna support structures having a combined surface area not greater than 10 square feet, and no single dimension exceeding 12 feet, shall be permitted as an accessory structure in all districts except the Retail District. Such antennas and antenna support structures shall be permitted in the Retail District only pursuant to Subparagraph (a) of this subparagraph or if authorized by a special use permit issued pursuant to § 260-1162 of this code. See § 260-908F of this code for landscaping and screening requirements applicable to antennas.
[Amended 1-13-2014 by Ord. No. 2014-02]
(a)
Personal wireless services antennas and related equipment. Personal
wireless services antennas and related equipment shall be permitted
as an accessory structure on existing utility poles within the Retail
District but only when located east of the center line of Waukegan
Road and 500 feet or less south of the center line of Half Day Road,
subject to the requirements of this subparagraph.
[1]
Number limitation. Not more than one personal wireless services antenna
or antenna support structure may be located on a single utility pole.
[2]
Attachment to utility poles; limitations. No personal wireless services
antenna or antenna support structure shall be attached to a utility
pole unless all of the following conditions are satisfied:
[a]
Size. The personal wireless services antenna and related equipment
shall not exceed seven square feet in antenna surface area or seven
feet in any dimension.
[b]
Height. The personal wireless services antenna and related equipment
shall not extend more than seven feet above the height of the utility
pole to which they are attached.
[c]
Mounting. The personal wireless services antenna and related
equipment shall be designed to withstand a wind force of 100 miles
per hour without the use of supporting guy wires.
[d]
Color. The personal wireless services antenna and related equipment
shall be a color that blends with the surroundings of the pole on
which they are mounted. Any wiring on the pole must be covered with
an appropriate cover or cable shield.
[e]
Grounding. The personal wireless services antenna and related
equipment structure shall be bonded to a grounding rod.
[f]
Other standards. The personal wireless services antenna and
related equipment shall satisfy such other design and construction
standards as are required by all applicable ordinances, codes, or
regulations to ensure safe construction and maintenance of the personal
wireless services antenna and its support structure.
[3]
Separation and setback requirements. Personal wireless services antennas
and related equipment attached to a utility pole shall be located
no closer than 100 feet to any residential building, and no closer
than 500 feet to any other personal wireless services antenna, unless
expressly authorized in writing by the Village Manager or the Manager’s
designee.
[4]
Guy wires restricted. No guy or other support wires shall be used
in connection with such personal wireless services antenna or its
related equipment.
[5]
Equipment enclosures. All electronic and other related equipment
and appurtenances necessary for the operation of any personal wireless
services antenna shall comply fully with all applicable codes and
ordinances.
[6]
Screening. Personal wireless services antennas must be screened in accordance with § 260-910B(7) to provide the maximum reasonably achievable screening, except that no screening shall be required for antennas or related equipment located more than nine feet above grade.
[7]
Licenses and permits. The provider 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 operation
shall provide copies of such licenses and permits and provide evidence
of renewal or extension thereof when requested by the Village Manager.
[8]
Abandonment and removal. When one or more personal wireless services
antennas or related equipment are not operated for the provision of
personal wireless services for a continuous period of 12 months or
more, such personal wireless services antenna, antenna support structure,
or related equipment may be deemed by the Village to be abandoned.
The owner of such personal wireless services antenna or related equipment
shall remove such abandoned items within 90 days following the mailing
of written notice from the Village that removal is required. Such
notice shall be sent by certified or registered mail, return receipt
requested, by the Village to such owner at the last known address
of such owner.
(8)
Antennas, other than amateur radio facilities, with surface
areas exceeding 10 square feet. Antennas and antenna support structures,
other than amateur radio facilities, having a combined surface area
greater than 10 square feet, or having any single dimension exceeding
12 feet, shall be permitted as an accessory structure only in compliance
with the following regulations:
(a)
R District limitation. No such antenna or antenna support structure shall be permitted in the Retail District unless authorized by a special use permit issued pursuant to § 260-1162 of this code.
(b)
Number limited. Except when authorized by a special use permit
in the C or R District, no more than one such antenna and antenna
support structure may be located on any zoning lot.
(c)
Height limited. No such antenna or antenna support structure
shall exceed 12 feet in height unless such antenna and antenna support
structure are attached to a building pursuant to Subparagraph D(8)(d)
of this section.
(d)
Attachment to buildings limited. No such antenna or antenna
support structure shall be attached to a principal or accessory structure
unless all of the following conditions are satisfied:
[1]
Size. The antenna and its support structure shall not exceed
15 square feet in area or 12 feet in any dimension.
[2]
Height. The antenna and its support structure shall not extend
more than three feet above the highest point of the building on which
they are mounted or the maximum building height of such building,
whichever is less.
[3]
Size and height exceptions by special permit. A roof-mounted antenna and antenna support structure which does not otherwise meet the area, dimension, or height restrictions of Subparagraphs (8)(d)[1] and [2] above may be permitted in any nonresidential district if authorized by a special use permit issued pursuant to § 260-1162 of this code; provided, however, that such antenna and its support structure shall not exceed 60 square feet in area, or 15 feet in any single dimension, or the lesser of 12 feet in height above the highest point of the roof on which it is mounted or the maximum building height of the building.
[4]
Mounting. The antenna and its support structure shall not be
attached or mounted upon any building appurtenance, such as a chimney.
The antenna and its support structure shall not be mounted or attached
to the front of any principal building or to the side of any building
facing any street. The antenna and its support structure shall be
designed to withstand a wind force of 80 miles per hour without the
use of supporting guy wires.
[5]
Color. The antenna and its support structure shall be a color
that blends with the roof or building side on which they are mounted.
[6]
Grounding. The antenna and its support structure shall be grounded
to a grounding rod.
[7]
Other standards. The antenna and its support structure shall
satisfy such other design and construction standards as are required
in the Building Code and other applicable ordinances, codes, and regulations
to ensure safe construction and maintenance of the antenna and antenna
support structure.[2]
(e)
Setback from street. No such antenna or its support structure
shall be erected or maintained closer to any street than the wall
of the principal building to which it is accessory that is nearest
to such street.
(f)
Guy wires prohibited. No guy or other support wires shall be
used in connection with such antenna or its support structure except
when used to anchor the antenna or support structure to an existing
building to which such antenna or support structure is attached.
(g)
Screening. See § 260-908F of this code for landscaping and screening requirements applicable to ground-mounted antennas.
(h)
Certificate of zoning compliance required. No antenna or antenna support structure shall be constructed, erected or altered in any manner unless a certificate of zoning compliance evidencing the compliance of such proposed antenna or antenna support structure with the provisions of this code shall have first been issued in accordance with § 260-1141 of this code.
(i)
Governmental antennas. The foregoing regulations shall not apply
to antennas and antenna support structures owned or maintained by
the Village, or to antennas and antenna support structures owned or
maintained by other governmental bodies to the extent authorized by
a special use permit.
(9)
Amateur radio facilities. Amateur radio facilities shall be
permitted as an accessory structure only in compliance with the following
regulations:
(a)
One facility per lot; special permit exception. No more than one antenna support structure with an antenna surface area greater than 10 square feet or any single dimension exceeding 12 feet may be located on any zoning lot; provided, however, that one additional antenna support structure may be authorized by a special use permit issued pursuant to § 260-1162 of this code for any lot in the A or B Districts so long as such additional support structure and its antennas, notwithstanding the provisions of Subparagraphs (b) and (c)[1] below, shall not exceed 18 feet in height, measured from grade, nor 10 square feet in total surface area.
(b)
Height. No amateur radio facility shall, if ground-mounted,
exceed 65 feet in height, or, if attached to a building pursuant to
Subparagraph (c) below, the height therein specified.
(c)
Attachment to buildings limited. No amateur radio facility shall
be attached to a principal or accessory structure unless all of the
following conditions are satisfied:
[1]
Height. The antenna and its support structure shall not extend
more than 20 feet above the highest point of the building on which
it is mounted.
[2]
Mounting. The antenna and its support structure shall not be
attached to or mounted upon any building appurtenance, such as a chimney.
The antenna and its support structure shall not be mounted or attached
to the front of any principal building or to the side of any building
facing a street, including any portion of the building roof facing
any street. The antenna and its support structure shall be designed
to withstand a wind force of 80 miles per hour without the use of
supporting guy wires.
[3]
Grounding. The antenna and its support structure shall be grounded
to a grounding rod or such other appropriate safety device as may
be approved by the Building Commissioner.
(d)
Setback from street. No amateur radio facility shall be erected
or maintained closer to any street than the wall of the principal
building to which it is accessory that is nearest to such street.
(e)
Setbacks from adjacent buildings. No amateur radio facility
shall be located nearer than 1/2 the height of the antenna and support
structure to any habitable building on any adjacent property, or in
any required side yard.
(f)
Certificate of zoning compliance required. No amateur radio facility shall be constructed, erected, or altered in any manner unless a certificate of zoning compliance evidencing the compliance of the proposed antenna and antenna support structure with the provisions of this code shall have first been issued in accordance with § 260-1141 of this code.
(g)
Governmental antennas. The foregoing regulations shall not apply
to amateur radio facilities owned or maintained by the Village, or
to amateur radio facilities owned or maintained by other governmental
bodies, to the extent authorized by a special use permit.
(10)
Exterior and outdoor lighting. The purpose of this Paragraph
(10) is to provide regulations that preserve and enhance the "dark
at night" character of the Village. Any permitted accessory lighting
fixtures shall be designed, arranged, and operated so as to prevent
glare and direct rays of light from being cast onto any adjacent public
or private property or street and so as not to produce excessive sky-reflected
glare. It is the intent of this paragraph to provide standards for
appropriate lighting practices and systems that will: i) enable individuals
to view essential detail to permit them to undertake their activities
at night; ii) facilitate safety and security of persons and property;
and iii) curtail the degradation of the nighttime visual environment.
[Amended 12-14-1998 by Ord. No. 98-26, 1-26-2004 by Ord. No. 2004-04; 7-11-2005 by Ord. No. 2005-20]
(a)
General exterior lighting regulations applicable in all zoning
districts.
[1]
Light measurement. For purposes of this paragraph,
illumination on any lot shall be measured by holding a light meter
both parallel (directed upward) and perpendicular (directed toward
the light source) to the ground at a height of three feet above ground
level on any point along the lot line. In addition, the IESNA Guide
for Photometric Measurement of Parking Areas, prepared by the Illuminating
Engineering Society of North America, shall govern the measurement
of lighting in parking areas. The measurement of light output for
any light source shall be based on the manufacturer's specifications
of the light source, and it shall be the owner's obligation to maintain
such manufacturer's specifications for purposes of demonstrating compliance
with these regulations.
[2]
Property line illumination. No lot shall maintain
or operate exterior lighting of such arrangement, intensity, or location
that will permit the totality of light from such lot to exceed the
following levels of illumination:
[a]
At a lot line between nonresidential lots, the
maximum illumination shall be 1.0 footcandle, except that such maximum
illumination may be increased to not more than 3.0 footcandles if
authorized by a special use permit.
[Amended 10-22-2018 by Ord. No. 2018-30]
[b]
At a lot line between a nonresidential lot that
abuts a residential lot, the maximum illumination shall be 0.5 footcandle.
[c]
At a lot line between residential lots, the maximum
illumination shall be 0.5 footcandle.
[3]
Maximum illumination of the light source. Except
for public streetlights, all exterior lighting shall meet the following
applicable standards:
[a]
No cutoff. When a light source has no cutoff or its cutoff produces an angle of cutoff that is greater than or equal to 75°, as depicted in Exterior Lighting, Exhibit A, included as an attachment to this chapter, the maximum permitted light output per luminaire and the maximum permitted luminaire height shall be as follows:
|
Use/District
|
Maximum Light Output
(lumens)
|
Maximum Height
(feet)
|
|---|---|---|
|
Residential
|
700
|
10
|
|
Nonresidential
|
1,400
|
15
|
[b]
Full cutoff. When a light source has a cutoff that produces an angle of cutoff that is less than or equal to 30°, as depicted in Exterior Lighting, Exhibit B, included as an attachment to this chapter, the maximum permitted light output per luminaire and the maximum permitted luminaire height shall be as follows:
[Amended 10-22-2018 by Ord. No. 2018-30]
|
Use/District
|
Maximum Light Output
(lumens)
|
Minimum Height
(feet)
|
Maximum Height
(feet)
|
|---|---|---|---|
|
Residential
|
1,400
|
N/A
|
20
|
|
Nonresidential
|
2,800
|
N/A
|
10
|
|
Nonresidential
|
17,500
|
Greater than 10
|
30
|
[c]
Partial cutoff. When a light source has a cutoff that produces an angle of cutoff that is greater than 30° but less than 75°, as depicted in Exterior Lighting, Exhibit C, included as an attachment to this chapter, the maximum permitted light output per luminaire and the maximum permitted luminaire height shall be as follows:
|
Use/District
|
Maximum Light Output
(lumens)
|
Maximum Height
(feet)
|
|---|---|---|
|
Residential
|
1,050
|
15
|
|
Nonresidential
|
1,900
|
25
|
[4]
No flickering or flashing lights shall be permitted.
[6]
As a condition of receiving approval of any application
subject to architectural review, an applicant shall be required to
eliminate any nonconforming lighting affected by the application unless
a variation is granted to maintain such nonconforming lighting.
[Amended 10-24-2016 by Ord. No. 2016-28]
(b)
Exterior lighting regulations applicable in the residential
districts. In addition to the general lighting restrictions set forth
in Subparagraph D(10)(a) above, the following restrictions shall apply
to all exterior lighting on any lot in a residential district:
[1]
Floodlights. Floodlights are any light fixture
or light source (including without limitation incandescent, metal
halide, sodium, or mercury vapor sources) that may incorporate a reflector
or a refractor to concentrate the light output into a directed beam
in a particular direction. Floodlights shall include but are not limited
to security lighting, monument lighting, or other lighting commonly
referred to as "dusk-to-dawn" lighting. Floodlights shall be permitted,
subject to the following restrictions:
[a]
If a floodlight is used as landscape lighting,
the regulations contained in Subparagraph D(10)(b)[2] shall apply.
[b]
No floodlight shall have a light source visible
from beyond the property line.
[c]
All floodlights shall be shielded so as to prevent
glare.
[d]
Floodlights may not be directed upward, but must
be directed toward a building, structure, or site surface; provided,
however, that no floodlight may be directed toward a vertical surface
less than five feet from the light source, nor may such lighting be
of such number, intensity, or arrangement so as to result in illuminating
the entire facade of any building or structure (it being the intent
of this provision that such lighting be employed merely to accent
architectural elements of such facade).
[e]
No floodlight shall be illuminated between 12:00
midnight and 7:00 a.m. unless it is activated by a motion sensor that
is triggered by activity within the lot or security alarm that is
operational for no longer than five minutes per activation.
[2]
Landscape lighting. Landscape lighting is lighting
located within or directed toward a tree, shrub, or other landscaped
surface, including without limitation floodlights, pedestal lights,
and other exterior lights that are not coach lights. Landscape lighting
shall be permitted, subject to the following restrictions:
[a]
No landscape lighting shall have a light source
visible from beyond the property line.
[b]
All landscape lighting shall be shielded so as
to prevent glare.
[c]
If landscape lighting is directed toward a tree,
shrub, bush, or any other natural feature that is not 100% opaque,
the landscape lighting shall not be directed toward any neighboring
property or public right-of-way, but instead must be directed toward
the interior of the owner's property, the ground, or both the interior
of the property and the ground.
[d]
Individual lights used for landscape lighting purposes
must be appropriately spaced, with at least 10 feet between each individual
light (it being the intent of this provision that such lighting be
minimal in nature and be employed merely to accent landscaping elements).
[e]
No landscape lighting shall be illuminated between
12:00 midnight and 7:00 a.m.
[3]
Coach lights. Coach lights are decorative lighting
fixtures mounted on a structure, including without limitation a pole
or wall. Coach lights shall be permitted, subject to the following
restrictions:
[a]
A coach light fixture shall not be mounted at a
height exceeding eight feet, which height shall be measured from the
top of the coach light fixture to grade, or if the coach light fixture
is mounted on a structure adjacent to, or is mounted on, a deck or
porch, the height shall be measured from the top of the coach light
fixture to the deck or porch floor, or if the coach light fixture
is mounted for a second-floor balcony, the height shall be measured
from the top of the coach light fixture to the floor of the balcony.
[Amended 11-12-2013 by Ord. No. 2013-21]
[b]
Coach lights shall be surrounded on all sides by
a textured glass or frosted glass light fixture or each bulb used
in a coach light fixture shall be frosted so as to diffuse glare.
[c]
With the exception of coach lighting located immediately
adjacent to the edge of the driveway that serves as the primary access
to a lot, no coach lighting shall be illuminated between 12:00 midnight
and 7:00 a.m. unless it is activated by a motion sensor that is triggered
by activity within a lot or security alarm that is operational for
no longer than five minutes per activation.
[4]
Governmental lighting. Exterior lighting erected
by the Village on any lot in a residential district or any other zoning
district shall not be subject to the provisions of this Paragraph
D(10).
(11)
Uses subject to special restrictions. When the district regulations
of this code require compliance with any procedures or standards with
respect to a specific use, such use shall not be established as an
accessory use except in compliance with those procedures and standards.
(12)
Tree houses. Tree houses shall be authorized only in the residential
districts of the Village in accordance with the following regulations:
[Added 12-14-1998 by Ord. No. 98-28]
(a)
Conditions.
[1]
Except as otherwise provided in Subparagraph D(12)(b),
a tree house shall be permitted as an accessory structure on any zoning
lot, provided that each of the following conditions is satisfied:
[a]
The tree house has a total floor area not exceeding
50 square feet;
[b]
The floor-to-ceiling height of the tree house shall
not exceed six feet;
[c]
The maximum building height of the tree house does
not exceed 25 feet above grade;
[d]
The tree house complies with the applicable rear
and side yard setbacks for accessory structures (except for the limitation
on maximum building height); and
[e]
The tree house satisfies all of the requirements
of Subparagraph D(12)(c).
[2]
No building permit or certificate of zoning compliance
shall be required for any tree house that complies with each of the
foregoing conditions, and such tree houses shall not be included in
the calculation of maximum gross floor area allowable for such zoning
lot.
(b)
Any tree house that either: i) has a total floor area exceeding
50 square feet, ii) has a floor-to-ceiling height exceeding six feet,
iii) has a height extending more than 25 feet above grade, iv) does
not comply with the applicable rear and side yard setbacks for accessory
structures, or v) notwithstanding any other provision in this Paragraph
D(12), is served with any utility service, including, without limitation,
electricity, cable television, or telephone service, shall only be
permitted as an accessory structure on a zoning lot upon issuance
of a special use permit. Any such special use permit shall set forth
the allowable location of such tree house and such conditions and
limitations as the Village may deem appropriate, including any appropriate
landscaping and screening requirements. Such tree houses shall comply
with the requirements of Subparagraph D(12)(c) and shall be included
in the calculation of maximum gross floor area allowable for such
zoning lot.
(c)
No tree house shall be permitted to extend higher than the principal
residence on the lot nor in any event more than 35 feet above grade;
nor shall any tree house be located between a front lot line or corner
side lot line and the nearest wall of the principal building on the
zoning lot. Not more than one tree house shall be permitted per zoning
lot.
(13)
Chickens. The keeping of chickens (but no roosters or other
poultry or fowl) shall be permitted only as an accessory use to a
residential use on the same lot, subject to the provisions of this
paragraph. On lots where the keeping of chickens is permitted, chicken
enclosures, coops, and runs shall be permitted only as accessory structures,
subject to the provisions of this paragraph. This paragraph does not
apply to or prohibit the keeping of swans on residential lots.
[Added 11-12-2013 by Ord.
No. 2013-21]
(a)
Enclosure required. All chickens must be kept in an enclosure that
includes a coop with a lock or latch and a fully fenced run. Chickens
may only graze or exercise outside of such enclosure under the direct
supervision of the occupant of the residence, and in all circumstances
chickens shall be at all times confined to the same lot or parcel
as the principal use. Coops shall provide a minimum area of three
square feet per bird, and runs shall provide a minimum of eight square
feet per bird. Coops must provide roosting platforms that are at least
three feet above the ground surface.
(b)
Location on lot. Chicken enclosures may be fixed or movable, but
must at all times meet the minimum setback requirements applicable
to the principal structure on the lot as prescribed by the underlying
zoning requirements for front, side, and rear yards. Coops must be
located behind the principal structure and the front yard line on
any residential lot or parcel at all times.
(c)
Minimum lot area. In no event shall any chickens be kept on a lot
of less than one acre.
(d)
Number. No more than seven chickens may be kept on any lot; provided,
however, that no more than five chickens may be kept on any lot of
three acres or less.
(e)
Planned unit developments. For the purpose of this paragraph, lots
and/or parcels, developed as part of a residential planned unit development
(PUD) shall be considered as lots or parcels in a residential zoning
district and subject to these regulations, provided the approval ordinance
for such a PUD does not prohibit or further restrict the keeping of
chickens as part of that approval. In the case of conflict between
an approved PUD ordinance and this paragraph, the stricter of the
two shall apply.
(f)
Sanitation. Chickens must be adequately sheltered and fed, and proper
sanitation must be maintained at all times. Enclosures and grazing
areas shall be cleaned regularly and kept in a neat and sanitary manner.
Chicken feed shall be securely stored in sealed, rodentproof containers.
(h)
Nuisances. All chickens, enclosures, coops, runs, and grazing areas
must comply with all Village nuisance regulations, including but not
limited to those directed toward animals, noise, odor, pests, cleanliness,
and unsightliness.
(i)
Screening. Property owners must install sufficient screening to minimize
visibility of enclosures to the street and neighboring property owners.
To be deemed sufficient, screening must:
[1]
Be located between the enclosure and every lot line on the property;
[2]
Be composed of plantings, materials, or structures at least six feet in height that obstruct the view from neighboring properties and streets and provide an opacity value of 100% throughout the entire year as defined by § 260-907D of this code; and
[3]
Be consistent with the character of the neighborhood.
(j)
Licensing; enforcement. The keeping of chickens and all chicken enclosures,
coops, and runs are subject to such licensing or permitting provisions
as may be prescribed from time to time by Village ordinance.
(k)
Architectural review. The construction or installation of new chicken enclosures pursuant to this paragraph shall be subject to architectural review, as provided by § 260-1166 of this code, to confirm that such enclosures meet the minimum standards and requirements of this paragraph and any other applicable requirements and otherwise comply with the procedures and standards set out in § 260-1166.
(14)
Beekeeping and apiaries. The keeping of the common honeybee,
Apis mellifera, shall be permitted, subject to the provisions of this
paragraph: i) in the A and B Residential Districts, only as an accessory
use to a single-family residential use on the same lot; and ii) in
the O Office District, only as an accessory use to a permitted or
authorized special use on the same lot. On lots where beekeeping is
permitted, beehives, apiaries, and related fencing, barriers, enclosures,
and other structures shall be permitted only as accessory structures
and subject to securing a certificate of zoning compliance and subject
further to the provisions of this paragraph.
[Added 8-10-2020 by Ord.
No. 2020-17]
(a)
Minimum lot area. In the residential districts, beehives or
apiaries shall not be kept on a lot of less than one acre. In the
Office District, beehives or apiaries shall not be kept on a lot of
less than 120,000 square feet.
(b)
Number of beehives. On lots where beekeeping is permitted, up
to two full beehives and two nucleus hives (collectively "hives")
shall be permitted. For lots greater than one acre in size, one additional
full beehive and one additional nucleus hive shall be permitted for
each additional 10,000 square feet of lot area over one acre; provided,
however, that in no event shall more than two beehives and two nucleus
hives be kept on any lot in any zoning district. Nucleus hives shall
consist of five or fewer frames and be kept for the purposes of queen
and pest management.
(c)
Location and setbacks.
[1]
Setbacks from property lines. Hives and related
structures may be fixed or movable but must at all times meet the
minimum setback requirements applicable to the principal structure
on the lot as prescribed by the underlying zoning requirements for
front, side, and rear yards. Hives must be located to the rear of
the principal structure and behind the front yard line of the lot
or parcel at all times.
[2]
Additional Office District setback requirements.
In the Office District, hives and related structures shall be set
back a minimum of 50 feet from any parking lot, walkway, patio, building
entrance, or similar facility intended for the gathering or passage
of people.
[3]
Screening. Hives shall be sufficiently screened
to minimize their visibility to the street and neighboring property
owners. To be deemed sufficient, screening must be:
[a]
Located between the hives and every lot line of
the property;
[b]
Composed of plantings, materials, or structures at least six feet in height and otherwise in conformity with the regulations of the Zoning Code that obstruct the view from neighboring properties and streets and provide an opacity value of 100% throughout the entire year as defined by § 260-907D of this code; and
[c]
Consistent with the character of the neighborhood.
[4]
Site-specific review. The specific location and
screening of hives and related structures may be further restricted
by the Building Commissioner upon review of site conditions on the
lot as part of the issuance of a certificate of zoning compliance.
(d)
Signage. A sign or signs not exceeding 1.5 square feet in size
and six feet in height identifying the presence of beehives on the
property shall be posted so as to be reasonably visible within close
proximity of the apiary.
(e)
Water supply.
[1]
A supply of water for the bees shall be located
on the lot. Such water supply shall be closer to the hives than water
sources on any adjoining property.
[2]
The water supply shall be designed to allow bees
to access the water by landing on a hard surface.
[3]
The water supply shall be continuously available
between April 1 and November 30 and at any other times during which
the high temperature exceeds 55 degrees for three or more consecutive
days.
(f)
Requeening. In any instance in which a hive exhibits unusually
aggressive characteristics, as verified by a State of Illinois apiary
inspector, the property owner shall destroy, move to another parcel,
or requeen the hive within 14 days of observation.
(g)
Removeable combs. All bees shall be kept in hives with removable
combs, which shall be kept in good repair and usable condition.
(h)
Prohibited activities. Beekeeping does not include, without
limitation, on-site sale of bees, honey, beeswax, or other products.
(i)
Nuisances. Hives, apiaries, and related structures and equipment
must comply with all Village nuisance regulations, including but not
limited to those directed towards animals, noise, odor, pests, cleanliness,
and unsightliness.
(j)
Residential planned unit developments. For purposes of this
paragraph, lots and/or parcels, developed as part of a residential
planned unit development (PUD), shall be considered as lots or parcels
in a residential zoning district and subject to these regulations,
provided that the approval ordinance for such a PUD does not prohibit
or further restrict beekeeping as part of that approval. In the case
of conflict between an approved PUD ordinance and this paragraph,
the stricter of the two shall apply.
(k)
Compliance with laws. All hives shall be registered with the
Illinois Department of Agriculture and actively maintained in accordance
with the Illinois Bees and Apiaries Act, 510 ILCS 20/1 et seq. (or
its successor provisions), and all other applicable federal, state,
and local laws, including any applicable licensing and permitting
requirements.
E.
Use, bulk, space, and yard regulations. Except as expressly provided
otherwise in this section, every accessory structure and use shall
comply with the use, bulk, space, and yard regulations made applicable
to them by the regulations of the district in which they are located.
F.
Use limitation. No accessory structure or use shall be constructed,
established, or maintained on any lot prior to the substantial completion
of construction of the principal structure to which it is accessory.
A.
Authorization. Subject to the limitations of this section, any home
occupation that is customarily incidental to the principal use of
a building for residential purposes shall be permitted in any dwelling
unit or permitted accessory structure.
B.
Definition. A home occupation is a business, profession, occupation,
or trade that:
(1)
Is conducted for gain or support by a full-time occupant of
a dwelling unit; and
(2)
Is incidental and secondary to the use of such dwelling unit
or permitted accessory structure, as the case may be, for residential
purposes; and
(3)
Does not change the essential residential character of such
dwelling unit, or permitted accessory structure.
C.
Certificate of zoning compliance required. No home occupation shall be established or maintained unless a certificate of zoning compliance evidencing the compliance of such home occupation with the provisions of this code shall have first been issued in accordance with § 260-1141 of this code.
D.
Use limitations.
(1)
Employee limitations.
(a)
The entrepreneur of every home occupation shall be domiciled
in the dwelling unit on the lot where such home occupation is conducted.
(b)
No more than one person who is not domiciled in the dwelling
unit on the lot where a home occupation is conducted shall be employed
in connection with, or otherwise participate in the operation of,
such home occupation. This limitation shall not apply to employees
who do not work on the lot where such home occupation is conducted.
(2)
Structural limitations.
(a)
No alteration of any kind shall be made to the dwelling unit
or accessory structure where a home occupation is conducted that would
change its residential character, including the enlargement of public
utility services beyond that customarily required for residential
use.
(b)
No separate entrance shall be provided in connection with the
conduct of any home occupation.
(3)
Operational limitations.
(a)
Every home occupation other than day care shall be conducted
wholly within a principal dwelling unit or permitted accessory structure.
(b)
No more than a total of 500 square feet of floor area (exclusive
of garage floor area devoted to permissible parking of vehicles used
in connection with the home occupation) of any dwelling unit and/or
permitted accessory structure shall be devoted to the conduct of a
home occupation.
(c)
No more than 30% of the floor area (exclusive of garage floor
area devoted to permissible parking of vehicles used in connection
with the home occupation) of any permitted accessory structure shall
be devoted to the conduct of a home occupation.
(d)
No routine attendance of patients, clients, subcontractors,
or employees associated with any home occupation shall be allowed
at the premises of the home occupation, except that attendance of
up to four children at any one time may be allowed at a day-care home
and that the attendance of up to two children at any one time may
be allowed for the purpose of receiving private instruction in any
subject or skill. "Routine attendance" means that the conduct of the
home occupation requires nondomiciled persons to visit the premises
of the home occupation as part of the regular conduct of the occupation,
without regard to the number, frequency, or duration of such visits.
(e)
No mechanical, electrical, or other equipment that produces
noise, electrical or magnetic interference, vibration, heat, glare,
emissions, odor, or radiation outside the dwelling unit or any permitted
accessory structure that is greater or more frequent than that typical
of equipment used in connection with residential occupancy shall be
used in connection with any home occupation.
(f)
No outdoor storage shall be allowed in connection with any home
occupation.
(g)
No refuse in excess of the amount allowable for regular residential
pick-up shall be generated by any home occupation.
(h)
Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage at all times. Any other vehicles used in connection with any home occupation shall be subject to the requirements of § 260-901D(6) of this code.
(5)
Traffic limitations. No home occupation shall generate more
vehicular or pedestrian traffic than is typical of residences in the
area.
(6)
Nuisance-causing activities. In addition to the foregoing specific
limitations, no home occupation shall cause or create any nuisance,
or be noxious, offensive, or hazardous.
(7)
Licensing requirements. Every home occupation shall be subject
to all applicable business licensing and inspection requirements.
A.
Authorization. Subject to the limitations of this section, temporary
uses as hereinafter specified are permitted in the zoning districts
hereinafter specified.
C.
Certificate of zoning compliance required; special standards for
issuance and revocation.
(1)
Certificate required. Except as provided in Paragraphs D(1) and D(7) of this section, no temporary use shall be established or maintained unless a certificate of zoning compliance evidencing the compliance of such use with the provisions of this code shall have first been issued in accordance with § 260-1141 of this code.
(2)
Bases for certificate denial. Such a certificate of zoning compliance
may be denied if the Building Commissioner determines that the applicant
has failed to comply with the terms or conditions of any previously
issued zoning certificate for a temporary use or that the permanent
use of the subject property fails to comply in all respects with the
provisions of this code and all other Village ordinances regulating
the development, use, and maintenance of such property. Such a certificate
shall be denied if the Building Commissioner determines that the public
health, safety, or welfare would be, or may reasonably be expected
to be, impaired by the issuance thereof.
(3)
Conditions on certificate. Such a certificate of zoning compliance
may be conditioned upon such special requirements as the Building
Commissioner may determine are necessary to achieve the purposes of
this code and to protect the public health, safety, and welfare.
(4)
Revocation of certificate. Such a certificate of zoning compliance
shall be revoked if any of the standards and conditions imposed pursuant
to this section, or such certificate, are violated.
D.
Permitted temporary uses. Subject to the specific regulations and
time limits that follow and to the other applicable regulations of
the district in which the use is permitted, the following temporary
uses and no others are permitted in the zoning districts herein specified:
(1)
House, garage, and yard sales. In the A and B Districts, but
only when limited to the personal possessions of the owner-occupant
of the dwelling unit at which such sale is being conducted. Such use
shall be limited to a period not to exceed three consecutive days,
and no more than two such sales shall be conducted from the same residence
in any twelve-month period. No certificate of zoning compliance shall
be required for such use.
(2)
Indoor and outdoor art, craft, and plant shows, exhibits, and
sales in the Retail, Specialty Retail, Office, College, or PLB District;
provided, however, that any such use shall require the specific prior
approval of the Building Commissioner on the basis of the adequacy
of the parcel size, parking provisions, and traffic access and the
absence of undue adverse impact on other properties. Every such sale
shall be limited to a period not to exceed three days. In addition,
any shows, exhibits, and sales in the College District shall be sponsored
and operated by a college or divinity school organization and shall
be subject to such other conditions and regulations that the Building
Commissioner may establish for the purposes of preserving and protecting
the essential character and objectives of the College District.
[Amended 4-11-2016 by Ord. No. 2016-04]
(3)
Outdoor activities specifically authorized by special use permit
in the Retail District and Specialty Retail District only. Such use
shall be limited to a period not to exceed 10 days unless a longer
period is specified in the special use permit.
[Amended 4-11-2016 by Ord. No. 2016-04]
(4)
Christmas tree sales in the Retail District and Specialty Retail
District; and, when conducted by a not-for-profit religious, philanthropic,
or civic group or organization on property owned or leased by such
group or organization, in the Office or PLB District; provided, however,
any such use shall require the specific prior approval of the Building
Commissioner on the basis of the adequacy of the parcel size, parking
provisions, and traffic access and the absence of undue adverse impact
on other properties. Such use shall be limited to a period not to
exceed 30 days. Display of Christmas trees need not comply with the
yard requirements of this code.
[Amended 4-11-2016 by Ord. No. 2016-04]
(5)
Contractors' offices and equipment sheds in any district when
accessory to a construction project. No such use shall contain any
sleeping or cooking accommodations. Such use shall be limited to a
period not to exceed the duration of the active construction phase
of such project, and in no event longer than one year unless extended
by the Building Commissioner upon a showing of special circumstances.
Such use shall be limited to activities related to the development
in which such office is located, and no such office shall be used
as the general office or headquarters of any firm.
(6)
Real estate offices, including model units in any district when
accessory to a new development. No such use shall contain any sleeping
or cooking accommodations unless located in a model dwelling unit.
Such use shall be limited to the period of the active selling or leasing
of units or space in such development, and in no event longer than
one year unless extended by the Building Commissioner upon a showing
of special circumstances. Such use shall be limited to activities
related to the development in which such office is located, and no
such office shall be used as the general office or headquarters of
any firm.
(7)
Tents in any district, in connection with any permitted, accessory, temporary, or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, 10 days. Unless waived in writing by the Building Commissioner, every tent shall comply with the bulk, yard, and space requirements applicable to accessory uses pursuant to § 260-901E of this code. No certificate of zoning compliance shall be required for tents located to the rear of the dwelling in the A or B District.
(8)
Civic uses of public property in the PLB District, any civic
use of any public building or property when authorized by the governmental
agency owning or controlling such property; provided, however, that
no such use shall impose an undue adverse effect on neighboring streets
or property.
(9)
Temporary pool and garden enclosures in the Residential Districts
only, and only when specifically authorized by a special use permit.
No temporary pool or garden enclosure shall be allowed except in accordance
with the following standards:
[Added 8-24-1998 by Ord. No. 98-23]
(a)
Appearance. All such enclosures shall be constructed of a clear,
transparent material.
(b)
Uses. Such enclosures shall be limited to use as a cover for
pools and garden areas only.
(c)
Location. All such enclosures and any related equipment shall
be located to the rear of the principal building on the lot and, unless
a variation is granted, shall otherwise comply with the yard and setback
requirements for residential recreational facilities in the applicable
zoning district.
(d)
Height. No such enclosure shall be permitted to exceed a maximum
building height of 15 feet.
(e)
Screening. All such enclosures and related equipment shall be required to be screened in the manner required for residential recreational facilities in § 260-908E of this code.
(f)
Noise. All such enclosures and any related equipment shall be
constructed and located so as to minimize the noise impact to surrounding
properties. Any mechanical equipment for a pool or garden enclosure
shall be located at least 25 feet from each lot line.
(g)
Duration. No such enclosure shall be permitted between April
1 and October 31 in any year.
(h)
Conformity with other zoning regulations. No such enclosure
shall be permitted if it causes any aspect of a lot to be in violation
of any provision of the Zoning Code; provided, however, that the floor
area of the enclosure shall not be added to the floor area of all
other permanent structures on the zoning lot for purposes of calculating
the allowable gross floor area on such lot.
(i)
Expiration of certificate of zoning compliance. Every certificate
of zoning compliance for a pool or garden enclosure shall expire no
later than April 1 of each year. No pool or garden enclosure may be
re-erected unless and until a new certificate of zoning compliance
is issued therefor. Issuance of a certificate of zoning compliance
for a temporary pool or garden enclosure shall not entitle an owner
to issuance of a certificate of zoning compliance in the future.
(10)
Civic uses in the College District:
[Added 4-11-2011 by Ord. No. 2011-13]
(a)
In the College District, any civic use that is hosted by or
that primarily serves residents or businesses of the Village, when
authorized by the person that owns or controls such property, and
only in accordance with the following:
[1]
Notwithstanding Subsection C of this section or § 260-1141 of this code to the contrary, the person that owns or controls the subject property shall notify the Building Commissioner and the Village Manager of each proposed civic use not less than 24 hours prior to the commencement of any civic use, and not less than 30 days prior to the commencement of any civic use at which 50 or more persons are expected to be in attendance, unless such thirty-day notice period is waived by the Building Commissioner in his or her sole and absolute discretion;
[2]
The Building Commissioner shall have the right
to reject any certificate of zoning compliance upon a determination
that the proposed civic use will adversely affect the public health,
safety, or welfare;
[3]
No portion of any civic use operated pursuant to
this Paragraph D(10) shall be conducted outdoors;
[4]
No civic use operated pursuant to this Paragraph
D(10) shall commence prior to 7:00 a.m. nor conclude after 11:59 p.m.
on any day;
[5]
No attendee or participant in any civic use operated
pursuant to this Paragraph D(10) shall be provided with overnight
accommodations on the subject property for any night immediately before,
during, or immediately after the civic use;
[6]
A representative of the owner or person in control
of the subject property shall be present at all times during the operation
of a civic use pursuant to this Paragraph D(10);
[7]
To the extent that the temporary use involves activities
that will be subject to taxation (including without limitation a retailers'
occupation tax, a service occupation tax, or a use tax), the owner
of the subject property shall be responsible for:
[a]
Demonstrating to the Building Commissioner and Village Manager
that appropriate procedures are in place for assuring that such taxes
will be properly recorded as having occurred in the Village;
[b]
Requiring the collection and payment of taxes; and
[c]
Reporting to the Village that such taxes have been collected,
paid, and recorded as having taken place within the Village; and
[8]
No alcohol shall be provided or consumed at any
civic use operated pursuant to this Paragraph D(10).
(b)
To the extent that the owner of a subject property fails to
abide by the requirements of this paragraph in one instance, such
failure will be adequate grounds for denying future requests for certificates
of zoning compliance pursuant to this paragraph.
E.
Bulk, space, and yard regulations. Except as expressly provided otherwise in Subsection D of this section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.
F.
Use limitations.
(1)
General limitations. Every temporary use shall comply with the limitations made applicable to specified temporary uses by Subsection D of this section. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.
(2)
Hours and days of operation. The Building Commissioner may designate
the specific hours and days of the week during which a temporary use
may operate on the basis of the nature of the temporary use and the
character of the surrounding area.
(3)
Public safety. No temporary use shall be permitted that can
be expected to create any undue on-site or off-site threat to public
safety. No temporary use shall be operated except in accordance with
any restrictions and conditions that may be imposed to eliminate any
such threat. If required by the Building Commissioner, the operator
of the temporary use shall employ a fire watch team and/or appropriate
security personnel.
(4)
Traffic. No temporary use shall be permitted if additional vehicular
traffic reasonably expected to be generated by such temporary use
would have undue detrimental effects on surrounding streets and uses.
(5)
Conflicts with other temporary uses. No temporary use shall
be permitted if such use would conflict with another previously authorized
temporary use.
(6)
Temporary use sign limitations.
[Amended 7-13-2009 by Ord. No. 2009-28; 5-10-2010 by Ord. No.
2010-17]
(a)
No signs shall be permitted in connection with a temporary use authorized
pursuant to Paragraph D(3) of this section except and to the extent
authorized in the applicable special use permit. Other signs shall
be located only on the same zoning lot as the temporary use, be limited
to no more than one per street frontage, be set back at least six
feet from the front lot line, and be no larger than six square feet
in area in any residential district or 15 square feet in area in any
other district. Such signs shall be of sturdy construction, shall
not be detrimental to the character of the area, and shall comply
with any special conditions specified in the certificate of zoning
compliance. Such signs shall not be erected sooner than 24 hours before
the commencement of the temporary use and shall be removed within
24 hours following the termination of the temporary use.
(b)
Notwithstanding any provision of this Paragraph F(6) to the contrary,
a temporary use sign in the Office District may be of a size no larger
than 50 square feet, and may be erected for a period not to exceed
60 days, but only:
(7)
Parking. Before approving any temporary use, the Building Commissioner
shall make an assessment of the total number of off-street parking
spaces that will be reasonably required in connection with the proposed
temporary use, on the basis of the particular use, its intensity,
and the availability of other parking facilities in the area, and
shall approve such temporary use only if such off-street parking is
provided. No temporary use shall be authorized that would, in the
opinion of the Building Commissioner, unreasonably reduce the amount
of off-street parking spaces available for use in connection with
permanent uses located on the zoning lot in question.
(8)
Additional conditions. Every temporary use shall, in addition,
comply with, and the Building Commissioner may impose, such other
conditions as may be reasonably necessary to achieve the purposes
of this code or to protect the public health, safety, and welfare.
A.
Authorization. Subject to the limitations of this § 260-904 and § 260-901D(5) and D(6) of this code, off-street parking is permitted as an accessory use in all districts. Off-street parking is not permitted as a principal use in any district. Nothing in this section shall be construed to limit the right of any person to provide off-street parking in excess of the requirements herein established, but all such parking shall comply with the standards of this section.
B.
General requirements.
(1)
Applicability to existing, new, and expanded uses.
(a)
General applicability. Except as provided otherwise in this Paragraph B(1), the provisions of this section shall apply to, and off-street parking spaces sufficient to satisfy the requirements of this section shall be provided for, all existing and new uses, in accordance with the provisions of Articles X and XII of this code.
(b)
Change in existing use. Whenever a use existing on the effective
date of this code is changed thereafter to a new use, parking facilities
shall be provided as required herein for such new use.
(c)
Increase in use intensity. Whenever the intensity of use of
any structure or use is increased through the addition of floor area,
seating capacity, or other units of measurement specified herein for
required parking spaces, parking spaces as required herein shall be
provided for such increase in intensity of use.
(d)
Exceptions.
[1]
Minor additions. Notwithstanding the foregoing provisions of
this Paragraph B(1), no structure or use lawfully existing on the
effective date of this code, or any amendment to it establishing parking
requirements with respect to such structure or use, shall be required
to provide any additional parking spaces pursuant to this Paragraph
B(1) unless and until the aggregate increase in the units of measurement
shall equal 10% or more of the units of measurement existing upon
such effective date, in which event parking spaces as required herein
shall be provided for the total aggregate increase.
[2]
Nonconforming locations and designs. Nothing in this Paragraph
B(1) shall be construed to prohibit the continued utilization of any
parking space as an accessory use to any structure or use for parking
of a vehicle that may lawfully be parked in such space solely because
such space does not satisfy the locational or design requirements
of this code, or any amendment to it, if such space was validly in
use as an accessory use to such structure or use on the effective
date of this code or such amendment.
(2)
Location of required parking spaces.
[Amended 4-11-2016 by Ord. No. 2016-04]
(a)
General rule. Except as provided in Subparagraphs (b) and (c)
of this paragraph, parking spaces required by this section shall be
located on the same zoning lot as the use to which they are accessory.
(b)
Off-site parking spaces. The location of required parking spaces on land other than the same zoning lot as the use to which they are accessory may be authorized in the Retail, Specialty Retail and Office Districts by a special use permit issued pursuant to § 260-1162 of this code, subject to the condition that such parking spaces shall be maintained in the same possession or ownership, by long-term lease or deed, as the ownership of such zoning lot for so long as the use to be served shall exist. Such special use permit shall be subject to satisfactory evidence of such possession or ownership and such other conditions deemed necessary to protect the public health and safety and assure compliance with the purposes and intent of this code.
(c)
Collective provision of required spaces. The collective provision of parking spaces required for separate uses in any zoning district may be authorized in the Retail, Specialty Retail and Office Districts by a special use permit issued pursuant to § 260-1162 of this code, provided that the total number of such parking spaces provided collectively shall not be less than the sum of the requirements for the various uses computed separately, unless otherwise expressly provided in the special use permit. Such special use permit shall be subject to satisfactory evidence of possession or ownership as provided in Subparagraph (b) above and such other conditions deemed necessary to protect the public health and safety and ensure compliance with the purposes and intent of this code.
C.
Design and maintenance. Every parking garage, area, lot, and structure
shall be designed, constructed, and maintained in accordance with
the applicable standards and requirements herein set forth:
(1)
Location on lot. Off-street parking spaces may be provided in garages at grade, under a building and no more than four feet above grade, or fully underground; on surface areas or lots; or, in the Office District if authorized by a special use permit issued pursuant to § 260-1162 of this code, in parking structures. Parking garages (except those fully underground), areas, lots, and structures shall comply with the yard requirements made applicable to them by the regulations of the district in which they are located. See § 260-901D(6) for additional regulations concerning the storage of vehicles in residential districts.
(2)
Screening. All parking garages, areas, lots, and structures shall comply with the screening requirements set forth in § 260-908 of this code.
(3)
Design.
(a)
Access to street. All parking garages, areas, lots, and structures
shall be so located and designed as to provide access to adjacent
streets with the least interference with through traffic movements.
Driveways shall have return radii of 20 feet at the point of access
to any street other than Half Day Road or Waukegan Road; driveways
providing direct access to Half Day Road or Waukegan Road shall have
return radii of 30 feet. Notwithstanding any other provision of this
code, driveways providing direct access from a parking garage, area,
lot, or structure to a street, and not serving as a circulation aisle
in connection with any parking space, may traverse any required yard;
provided, however, that the surface area of any such driveway shall
not exceed an area calculated by multiplying the width of the driveway
times the depth of the required yard times a factor of 1.5. No curb
cut across public property shall exceed 40 feet in width without the
written approval of the Building Commissioner. No access to any parking
space shall be provided through a zoning district other than the district
in which the parking space is located. No such access shall be provided
through a zoning lot other than the zoning lot on which the parking
space is located except across a permanent, recorded access easement
in form and substance satisfactory to the Village Attorney.
(b)
Turnaround area. Every parking garage, area, lot, and structure,
other than a parking garage or area accessory to a single-family dwelling,
shall be provided with a turnaround area or other means to permit
cars to exit the parking garage, area, lot, or structure without backing
onto any street or sidewalk.
(c)
Surface; drainage; markings.
[1]
Every off-street parking garage, lot, and structure shall be
surfaced with a bituminous or Portland cement concrete pavement providing
an all-weather, durable, and dustless surface. Unless otherwise approved
by the Village Engineer, such construction shall meet the following
minimum standards:
[2]
All parking surfaces shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system including geotextile fabric and subbase drainage which, in
all nonresidential districts, shall be connected to a public storm
sewer system. Stormwater runoff shall be detained on-site in accordance
with all applicable regulatory standards; provided, however, that
the maximum ponding of runoff in any parking lot shall be limited
to a maximum depth of 12 inches.
[3]
Individual stalls in parking lots and structures shall be clearly
identified by painted markings four inches to six inches in width.
(d)
Slope. No area of any parking garage (other than a garage accessory
to a single-family dwelling), lot, or structure, excluding access
ramps, shall have a slope in excess of 5% or a cross-slope in excess
of 2 1/2%. No ramp shall have a slope in excess of 8%.
(e)
Lighting. Fixed lighting shall be provided for all parking garages,
lots, and structures accommodating more than 10 vehicles. Such lighting
shall be so arranged as to prevent direct glare of beams onto any
public or private property or streets. All lighting shall be reduced
to security levels at all times of nonuse.
(f)
Tree planting areas. Trees located within planting islands in
paved areas shall have a minimum landscaped area of at least 150 square
feet of surface area and a depth sufficient to allow the bottom of
the tree ball to be planted with a washed gravel layer at the bottom
of the tree planting area to allow proper watering and drainage. If
the soil is impervious, then a drainage pipe acceptable to the Village
Engineer shall connect the tree planting area to a drainage structure.
(g)
Car stops. Every parking lot shall be bordered by a six-inch-high
concrete curb. Car wheel stops, guard rails, barrier fences, or other
suitable devices designed and located to enhance safety or efficient
parking operations or to protect required screening devices, landscaping,
structures, and other vehicles from damage by vehicles using any parking
lot or structure may also be used. This provision shall not be construed
to require such devices for all parking lots and structures or for
every parking space, but only in those cases where the Building Commissioner
determines that such devices are necessary or desirable to achieve
the purposes of this subparagraph.
(h)
Circulation aisles. Each parking space, except spaces accessory
to a single-family dwelling, shall be accessed by a circulation aisle
of a width, in feet and inches, as specified below:
|
Parking Angle
|
One-Way Aisle Width
|
Two-Way Aisle Width
| |
|---|---|---|---|
|
Parallel
|
14' 0"
|
24' 0"
| |
|
45°
|
12' 6"
|
24' 0"
| |
|
60°
|
18' 0"
|
24' 0"
| |
|
90°
|
24' 0"
|
24' 0"
|
(i)
Back-up area. Each parking space, except spaces accessory to
a single-family dwelling, shall be provided with a sufficient back-up
area to permit egress in one maneuver, consisting of one backward
and one forward movement.
(j)
Space dimensions.
[1]
Except as specifically permitted pursuant to Subsection C(3)(j)[3] below, each off-street parking space, excluding its associated circulation aisle, shall have the following minimum dimensions, in feet and inches:
[Amended 5-22-2017 by Ord. No. 2017-12]
|
Parking Angle
|
Stall Width
|
Stall Length
|
Stall Height
| |
|---|---|---|---|---|
|
Parallel
|
9' 0"
|
24' 0"
|
8' 0"
| |
|
45°
|
9' 0"
|
19' 1"
|
8' 0"
| |
|
60°
|
9' 0"
|
20' 1"
|
8' 0"
| |
|
90°
|
9' 0"
|
18' 0"
|
8' 0"
|
[2]
The above-stated length dimensions may be reduced by up to one
foot six inches for overhang for stalls with curbs or wheel stops
adjacent to the outside perimeter of a parking lot. The above-stated
stall width dimensions shall be increased to 16 feet for required
handicapped parking spaces or to the width required under applicable
state law, whichever is greater.
[3]
Reduction in size by special permit.
[Added 5-22-2017 by Ord.
No. 2017-12]
[a]
If authorized by special permit, parking spaces having a stall
width of less than nine feet zero inches, but not less than eight
feet six inches, may be permitted, provided that:
[i]
The property on which such reduced-width parking spaces are
proposed is located in the Office District;
[ii]
The property located in the Office District is occupied by a
single tenant; and
[iii]
Upon termination of such single or sole occupancy,
the parking spaces shall be fully restored to the full stall width
of nine feet zero inches required pursuant to Subparagraph (j)[1]
above.
[b]
For purposes of this Subparagraph (j)[3], "single tenant" shall
be an individual, partnership, company, corporation, or other business
organization, including any affiliated entities thereof. A "single
tenant" may also be an owner of the property in question or any affiliated
entities thereof.
(k)
Maintenance. All parking garages, areas, lots, and structures
shall be properly maintained at all times so as to be free of pot
holes, broken curbs, and other damaged or neglected features.
D.
Use. Off-street parking spaces shall be used solely for the parking of passenger vehicles of occupants, patrons, or employees. No required parking space shall be rented, leased, or used for any purpose other than that for which said space is required. No storage or motor vehicle repair work or service of any kind shall be permitted in conjunction with accessory parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facility. No off-street parking space shall be used for any purpose other than the temporary storage of motor vehicles related to the premises, and, in the A and B Districts, such other household items and equipment customarily stored in garages. Notwithstanding the limitations set forth in this paragraph, if authorized by special use permit pursuant to § 260-406C(4), off-street parking spaces in the Retail District may be used for temporary storage of rental vehicles that are accessory and related to retail operations on the same premises. The storage of merchandise and the sale or commercial repair of vehicles are otherwise prohibited.
[Amended 11-8-2021 by Ord. No. 2021-17]
E.
Landbanking of required parking.
(1)
Landbanking authorized. Notwithstanding any other provision of this section, a reduction in the total number of off-street parking spaces required to be paved pursuant to Subsection F of this section or the stall width or length dimensions required pursuant to Subparagraph C(3)(j) of this section may be authorized in the Retail, Specialty Retail and Office Districts by a special use permit issued pursuant to § 260-1162 of this code, subject to the conditions set forth in Paragraphs E(2) through E(4) of this subsection and such other conditions deemed necessary to protect the public health and safety and ensure compliance with the purposes and intent of this code.
[Amended 4-11-2016 by Ord. No. 2016-04]
(2)
Termination of landbanking. The Board of Trustees shall have the right, in its sole and absolute discretion, to require the property owner or his or her successor at any time to increase the stall width or length to the dimensions required by Subparagraph C(3)(j) of this section or to increase the number of parking spaces provided to serve said development up to the maximum required by Subsection F of this section for the property in question as if no authorization for landbanking had been granted. No special use permit authorizing landbanking of required parking shall be effective unless and until the applicant and property owner shall file with the Village a written acceptance of this condition.
(3)
Alternate plans required. Every request to allow landbanking of required parking spaces shall be accompanied by alternate detailed parking plans. One plan shall show the full stall width and depth required by Subparagraph C(3)(j) of this section and the full number of parking spaces required pursuant to Subsection F of this section; the other plan shall show the reduced stall width and/or length or the reduced number of parking spaces, or both, as the case may be, proposed to be provided pursuant to the authorization being sought and also shall show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking spaces, the exact number of parking spaces to be provided, and complete details for: a) wheel stops, b) markings, c) curbing, d) surfacing, e) screening and landscaping, f) lighting, g) signing, and h) access. Such plans shall be subject to the approval of the Board of Trustees.
(4)
Open space covenant. No special use permit authorizing landbanking
of required parking shall be effective unless and until the applicant
and property owner shall file his or her unconditional agreement and
covenant in form and substance satisfactory to the Village Attorney
that areas reserved for future parking shall be maintained as landscaped
open space until and unless required to be used for off-street parking
pursuant to Paragraph E(2) of this subsection. Such agreement and
covenant shall be recorded with the Recorder of Deeds of Lake County,
Illinois.
F.
Required spaces.
(1)
Specified uses. For the following uses, the following minimum
number of off-street parking spaces or stacking spaces shall be provided:
|
Use
|
Required Spaces
| ||||
|---|---|---|---|---|---|
|
(a)
|
Residential
| ||||
|
Single-family dwellings
|
4 for each dwelling unit (at least 2 of which shall be located
in a completely enclosed building)
| ||||
|
(b)
|
Retail trade
| ||||
|
[1]
|
All retail trade uses not otherwise listed below
|
1 for each 200 square feet of net floor area
| |||
|
[2]
|
Automobile service stations
|
1 for each island of gasoline pumps plus 3 for each service
bay plus 1 for each employee
| |||
|
[3]
|
Home furniture, furnishings, and equipment stores
|
1 for each 400 square feet of net floor area
| |||
|
[4]
|
Restaurants, carry-out restaurants, cafeterias, and cocktail
lounges
|
1 for each 2 employees plus 1 for each 3 persons of maximum
design capacity
| |||
|
[5]
|
Shopping centers under unified control or ownership on a tract
of land 4 acres or more in area
|
1.25 times the number of spaces required under the individual
provisions
| |||
|
(c)
|
Finance, insurance, and real estate
|
1 for each 200 square feet of net floor area plus 3 for each
automatic teller facility plus 6 stacking spaces for each drive-in
facility
| |||
|
(d)
|
Services
| ||||
|
[1]
|
All services not otherwise listed below
|
1 for each 200 square feet of net floor area
| |||
|
[2]
|
Churches and temples
|
1 for each 4 seats or 1 for each 72 lineal inches of seating
space
| |||
|
[3]
|
Health services
|
4 for each licensed practitioner, not including nurses and assistants,
plus 2 for each additional 3 employees
| |||
|
[4]
|
Membership sports and recreation facilities
|
1 for each 3 persons of maximum design capacity
| |||
|
[5]
|
Schools and day care
| ||||
|
[a]
|
Child day-care centers
|
1 for each employee plus 1 for each 6 children or 3 for each
200 square feet of net floor area, whichever is greater
| |||
|
[b]
|
Preschools
|
2 for each 3 teachers and employees plus 1 for each 8 students
| |||
|
[c]
|
Elementary schools
|
2 for each 3 teachers and employees
| |||
|
[d]
|
Secondary schools
|
2 for each 3 teachers and employees plus 1 for each 5 students
| |||
|
[6]
|
Storage warehouses
|
4 plus 1 for each 1,500 square feet of net floor area over 4,500
square feet or, when the number of employees is specifically indicated,
2 for each 3 employees
| |||
|
(e)
|
Business, professional, and administrative offices
| ||||
|
All office uses not otherwise listed in this Subsection F(1)
|
1 for each 250 square feet of net floor area
| ||||
|
(f)
|
Manufacturing
| ||||
|
All uses authorized pursuant to § 260-506C of this code
|
2 for each 3 employees or 1 for each 800 square feet of net
floor area, whichever is greater
| ||||
|
(g)
|
Colleges and theological seminaries
|
Ample off-street parking within the district to meet needs of
all uses on campus and assure no parking on public rights-of-way and
as required by an approved campus development plan
| |||
|
(h)
|
Governmental activities or services, other than Village facilities
and public schools
|
1 for each 250 square feet of net floor area or 1 for each 3
persons of design capacity, whichever is greater
| |||
|
(i)
|
Uses conducted outside structures
| ||||
|
All uses not otherwise listed in this Subsection F(1)
|
1 for each 1,500 square feet of outdoor area plus spaces as
required above for any aspect of the use conducted within a structure
| ||||
(2)
Unspecified uses. When the ultimate use of a structure is not
known, the maximum number of spaces that might be required for any
use to which the structure might reasonably be devoted shall be provided.
(3)
Computation of required spaces.
(a)
Fractional spaces. When determination of the number of required
parking spaces results in the requirement of a fractional space, any
fraction of 1/2 or less may be disregarded and any fraction in excess
of 1/2 shall require one additional parking space.
(c)
Population calculations. When parking spaces are required on
the basis of the number of customers, students, or similar measure,
the maximum number for which the structure is designed shall govern;
except that when the structure has no design capacity, the maximum
number present at any one time shall govern.
A.
Authorization. Subject to the limitations of this section, off-street
loading is permitted as an accessory use in all nonresidential districts.
Nothing herein shall be construed to limit the right of any person
to provide off-street loading in excess of the requirements herein
established, but all such loading shall comply with the standards
of this section.
B.
General requirements.
(1)
Applicability to existing, new, and expanded uses.
(a)
General applicability. Except as provided otherwise in this Paragraph B(1), the provisions of this section shall apply to, and off-street loading spaces sufficient to satisfy the requirements of this section shall be provided for, all existing and new uses, in accordance with the provisions of Articles X and XII of this code.
(b)
Change in existing use. Whenever a use existing on the effective
date of this code is changed thereafter to a new use, loading facilities
shall be provided as required herein for such new use.
(c)
Increase in use intensity. Whenever the intensity of use of
any structure or use is increased through the addition of floor area,
seating capacity, or other units of measurement specified herein for
required loading spaces, loading spaces as required herein shall be
provided.
(d)
Exception. Notwithstanding the foregoing provisions of this Paragraph B(1), no building or use lawfully existing on the effective date of this code, or any amendment to it establishing loading requirements with respect to such structure or use, shall be required to provide any additional loading spaces pursuant to this Paragraph B(1) unless and until the aggregate increase in units of measurement shall equal the full number of units for which one additional loading space would be required pursuant to Subsection E of this section, in which event loading spaces as required herein shall be provided for the total aggregate increase.
(2)
Location of required loading spaces. Loading spaces shall be
located on the same zoning lot as the use they serve.
C.
Design and maintenance. Every loading space shall be designed, constructed,
and maintained in accordance with the standards and requirements herein
set forth:
(1)
Location on lot. No loading space shall be located in a required
front or side yard, and any loading spaces located in a required rear
yard shall comply with the yard requirements made applicable to them
by the regulations of the district in which they are located and be
open to the sky, except for required screening. No loading space for
vehicles over two-ton capacity shall be located within 50 feet of
any property in a residential district unless completely enclosed
by building walls, or a uniformly painted solid fence or wall, or
any combination thereof, not less than six feet in height. No permitted
or required loading space shall be located within 100 feet of the
nearest point of intersection of any two public or private streets.
No loading space shall be located closer to any public right-of-way
than the facade of the building facing such right-of-way. No loading
space shall open onto any building facade facing a public right-of-way.
All loading spaces shall be located and arranged to provide logical
and convenient access thereto from the use they serve.
(2)
Screening. All loading spaces shall comply with the screening requirements set forth in § 260-907 of this code.
(3)
Design.
(a)
Access to street. Loading spaces shall be designed and arranged
to provide access to a street in a manner that will create the least
possible interference with through traffic movements. No curb cut
across public property shall be made without the written approval
of the Building Commissioner.
(b)
Maneuvering space. Every loading space shall be provided with
sufficient maneuvering space on the zoning lot where it is located
to allow vehicles to access and exit the space without having to make
any backing movement on or into any public or private street.
(c)
Surface; drainage; markings. Every loading space shall be surfaced
with an asphaltic or cement pavement providing an all-weather, durable,
and dustless surface. Unless otherwise approved by the Village Engineer,
such construction shall have a minimum coefficient rating of 3.0 for
structural materials. All loading space surfaces shall be graded and
drained to dispose of surface water accumulation by means of a positive
stormwater drainage system connected to a public sewer system. Individual
stalls shall be clearly identified by markings four inches to six
inches in width.
(d)
Lighting. Fixed lighting shall be so arranged as to prevent
direct glare of beams onto any public or private property or streets.
All lighting shall be reduced to security levels at all times of nonuse.
D.
Use. No storage of any kind, nor motor vehicle repair work or service
of any kind, shall be permitted in conjunction with off-street loading
facilities provided in any zoning district. No gasoline or motor oil
shall be sold in conjunction with any off-street loading facilities.
Space allocated to any off-street loading space shall not, while so
allocated, be used to satisfy space requirements for any off-street
parking facilities or portions thereof.
E.
Required spaces.
(1)
General requirement. Loading spaces or receiving areas shall
be provided in sufficient number, of sufficient size, and so located
that no loading and unloading operations infringe upon any street
or sidewalk.
(2)
Minimum requirements.
(a)
For the following uses, the following minimum number of loading
spaces shall be provided:
|
Net Floor Area
(square feet)
|
Required Spaces
| ||
|---|---|---|---|
|
[1]
|
Retail trade
| ||
|
5,000 to 9,999
|
1
| ||
|
10,000 to 24,999
|
2
| ||
|
25,000 to 99,999
|
3
| ||
|
100,000 to 250,000
|
4
| ||
|
Each additional 200,000
|
1 additional
| ||
|
[2]
|
Schools
| ||
|
20,000 to 200,000
|
1
| ||
|
Each additional 200,000
|
1 additional
| ||
|
[3]
|
Manufacturing
| ||
|
4,000 to 39,999
|
1
| ||
|
40,000 to 100,000
|
2
| ||
|
Each additional 100,000
|
1 additional
| ||
|
[4]
|
Other
| ||
|
10,000 to 100,000
|
1
| ||
|
Each additional 100,000 up to and including 500,000
|
1 additional
| ||
|
Each additional 500,000 or fraction thereof over 500,000
|
1 additional
| ||
(b)
Unless waived by the Building Commissioner, the first space
required for any building having in excess of 10,000 square feet shall
be sized to accommodate a tractor-trailer and, unless otherwise required
by the Building Commissioner, all other spaces may be standard size.
The decision of the Building Commissioner shall be based upon the
anticipated needs of each particular building.
F.
Alternate loading arrangements. Uses for which off-street loading
facilities are necessary but which are located in buildings of less
floor area than the minimum prescribed for required facilities shall
be provided with adequate receiving facilities off any adjacent driveway,
service drive, or open space on the same lot which is accessible by
motor vehicle.
A.
Purpose. The regulation of signs by this code is intended to promote
and protect the public health, safety, and welfare by reducing the
depreciation of property values caused by signs that are incompatible
with surrounding land uses; by creating a more attractive economic
and business climate within the office and business areas of the Village;
by enhancing and protecting the physical appearance of all areas of
the Village; by protecting signs from obstruction by other signs;
and by reducing the distractions, obstructions, and hazards to pedestrian,
equestrian, and auto traffic caused by the indiscriminate placement
and use of signs.
B.
Scope. The regulations of this section shall govern and control the
erection, enlargement, expansion, alteration, operation, maintenance,
relocation, and removal of all signs within the Village visible from
any street, sidewalk, or public or private common open space, excluding
only signs owned or maintained by the Village; provided, however,
that any signage existing on any property owned by a governmental
body other than the Village as of December 11, 2006, shall be deemed
to be in compliance with this section and not subject to amortization.
Any sign not expressly permitted by these regulations shall be prohibited.
The regulations of this section relate to the location of signs, by
function and type, within zoning districts and shall be in addition
to provisions of the Bannockburn Building Code[1] applicable to the construction and maintenance of signs as well as other provisions of this code related to the issuance of sign permits and architectural review permits. Regulations concerning the use and termination of nonconforming signs appear in § 260-1006 of this code.
[Amended 12-11-2006 by Ord. No. 2006-37]
C.
Sign permit required. Except as expressly provided in Subsection G of this section, no sign shall be erected, enlarged, expanded, altered, relocated, or maintained unless a sign permit shall have first been issued in accordance with the provisions of § 260-1167 of this code; provided, however, that routine sign maintenance, changing of parts designed to be changed, or changing the content of a sign in any manner that does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a sign permit hereunder.
D.
General standards. The following general standards shall apply to
all signs. Any sign not in compliance with such standards shall be
immediately corrected or shall be deemed to be in violation of this
code.
(1)
Illumination.
(a)
Location and design of light source. Whenever an external artificial
light source is used for a sign, such source shall be located, shielded,
and directed so as not to be directly visible from any public street
or private residence. No receptacle or device housing a permitted
light source for a sign shall protrude more than 18 inches from the
face of the sign or building to which it is attached.
(b)
Color of illumination. No sign shall be illuminated either directly
or indirectly with or by other than white or uncolored lights. This
regulation shall not be construed to require that sign lettering illuminated
with white or uncolored lights be white.
(c)
Level of illumination. All artificial illumination shall be so designed, located, shielded, and directed as to illuminate only the sign face or faces and to prevent the casting of glare or direct light upon adjacent property or streets. All artificial illumination shall comply with § 260-901D(10).
(d)
Time of illumination. No illuminated sign nor any sign in which
lighting is integrated with or is part of the sign shall be or remain
illuminated after the time that the activity to which the sign pertains
has closed for business, except (1) signs located adjacent to and
facing the Illinois Tollway may be illuminated at any time and, (2)
if authorized by special use permit, wall signs located on a lot in
the Office District that does not directly abut any public street
and is at least 10 acres in size may be illuminated while the activity
to which the sign pertains is closed for business, but in no event
earlier than 7:00 a.m. nor later than 10:00 p.m. on any day of the
week.
[Amended 3-12-2012 by Ord. No. 2012-05; 8-13-2018 by Ord. No. 2018-21]
(e)
Flashing lights prohibited. Except for public service signs
when expressly permitted by this section, no flashing, blinking, or
intermittent lights shall be permitted.
(f)
Neon signs limited. Neon signs which may be permitted pursuant to this § 260-906 shall be subject to the following regulations:
[1]
Neon signs are prohibited in all districts other than the Retail
District;
[2]
No neon sign shall be visible from any location other than the
zoning lot on which it is located, including any public or private
street or property;
[3]
No neon sign shall consist of more than one word, which may
be a logo, trademark, or servicemark;
[4]
Neon signs shall only be installed, erected, or hung on the
inside of an exterior window and, together with all other temporary
and permanent window signs, shall not occupy more than 25% of the
area of the window in which they are exhibited;
[5]
The total area of all neon signs allowed per applicant for a
single premises shall not exceed eight square feet;
[6]
Any neon sign which is readily accessible to touch or contact
shall be encased in a frame or casing which cannot be ignited or burned
by such neon;
[7]
No neon sign shall draw more than three amps electric current;
and
[8]
No neon sign shall be permitted in any premises located within
1,500 feet of any other premises in which a neon sign is displayed.
(g)
Translucent backgrounds prohibited. No internally illuminated
sign shall have a translucent background; only the sign message shall
permit transmission of any light through the sign face.
(h)
Halo illumination prohibited. In no event shall the illumination
of any sign be accomplished by placing an external artificial light
source behind an opaque foreground composed of letters or other shapes
as to make the opaque foreground visible in relief to the illumination
behind it.
(2)
Sign colors. No sign erected after the effective date of this
code shall employ more than three colors unless specifically authorized
by a two-thirds affirmative vote of the Architectural Review Commission
or by a special use permit granted under Subparagraph 260-406D(20).
For purposes of this subsection, black and white shall be considered
to be colors.
[Amended 6-26-2017 by Ord. No. 2017-19]
(3)
Electrical elements.
(a)
All wiring, fittings, and materials used in the construction,
connection, and operation of electrically illuminated signs shall
be in accordance with the provisions of the Bannockburn Building Code.[2] An Underwriter's Laboratories label, or an equivalent
certification, shall be affixed to every electrical component incorporated
into a sign.
(b)
No metal sign illuminated by any means requiring internal wiring
and no electrical fixture attached to any sign shall be lower than
nine feet from grade unless it is grounded by the use of a grounding
conductor run with the circuit conductors and is also grounded by
being bonded to a grounding electrode at the sign site.
(4)
Structural elements. The construction and structural components
of all signs shall be in accordance with the standards and regulations
of the Bannockburn Building Code.[3] All permanent signs shall be constructed of fire-resistant
materials and shall be capable of withstanding wind pressures of at
least 30 pounds per square foot of surface area and of receiving dead
loads based on the actual weight of the structure.
(5)
Minimum elevation of signs. The bottom of every awning, canopy,
and wall sign shall be elevated at least eight feet above grade; except
that, if authorized by special use permit, one wall identification
sign on a zoning lot in the Office District that abuts Waukegan Road
and is more than 10 acres in size may have an elevation of not less
than three feet seven inches above grade. Whenever possible, wall
signs on the same facade shall maintain the same top and bottom elevations
above grade.
[Amended 10-22-2018 by Ord. No. 2018-31]
(6)
Obstruction of accessways. No sign or sign structure shall obstruct
free ingress to or egress from a fire escape, door, window, or other
required accessway.
(8)
Traffic safety. No sign shall be maintained at any location
where, by reason of its position, size, shape, content, color, or
illumination, it may obstruct, impair, obscure, interfere with the
view of, or be confused with any traffic control sign, signal, or
device or where it may interfere with, mislead, or confuse traffic.
(9)
Signs in rights-of-way. No sign, except certain civic event
signs hereinafter referred to and governmental signs authorized in
this section, shall be placed in or extend into or over any public
property or right-of-way. Civic event signs may extend on, into, or
over a public right-of-way upon the specific prior approval of the
Board of Trustees on the basis of need, impact on pedestrian, equestrian,
and vehicular traffic, and impact on surrounding property.
(10)
Sign maintenance. The owner of a sign and the owner of the premises
on which such sign is located shall be jointly and severally liable
to maintain such sign, including its illumination sources, in compliance
with this code and all applicable laws, in a safe and secure condition,
and in a neat and orderly condition and good working order at all
times, and to prevent the development of any rust, corrosion, rotting,
or other deterioration in the physical appearance or safety of such
sign. The premises around ground and pylon signs shall be kept clean
and free of all rubbish and weeds.
(11)
Sign measurement.
(a)
Area to be included. The supporting structure or bracing of
a sign shall be omitted in measuring the area of the sign unless such
structure or bracing is made part of the message or face of the sign.
When a sign has more than one display face, all faces shall be included
in determining the area of the sign.
(b)
Area of signs with backing. The area of all signs with backing
shall be measured by computing the area of the sign backing.
(c)
Area of signs without backing. The area of all signs without
backing shall be measured by computing the area of the smallest regular
geometric figures that can separately encompass all words, letters,
figures, emblems, and other elements of the sign message.
(d)
Area of signs with and without backing. The area of all signs
formed by a combination of elements with and without backing shall
be measured by combining the area of such elements measured in accordance
with the foregoing subparagraphs.
(12)
Signs on lots with multiple users. When more than one user occupies
a zoning lot, the owner of the lot shall be responsible for allocating
permitted signage among such users.
(13)
Sign spacing. Except as authorized by special use permit granted
under Subparagraph 260-406D(20), no sign shall be nearer than six
feet to any other sign or structure, other than a structure to which
it is lawfully attached.
[Amended 6-26-2017 by Ord. No. 2017-19]
E.
Classification of signs.
(1)
Functional types. For purposes of this code, signs shall be
classified as follows according to function:
(a)
Advertising sign: a sign, other than an off-premises identification
sign, that directs attention to or identifies a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located. This term shall
include signs, other than customary identification lettering and advertising
posters on buses and taxicabs, attached to parked or moving vehicles.
(b)
Attention-getting device: a sign designed to attract attention
by means of flashing or moving parts, bright color or light, or movement
of any kind. Examples of such signs include pennants strung together
in a series, whirligigs, spinners, streamers, flashing lights, search
lights, and balloons.
(c)
Bulletin board sign: a sign that identifies an institution or
organization on the premises of which it is located and that contains
only the name of the institution or organization, the name or names
of persons connected with it, and greetings, announcements of events,
or activities occurring at the institution, or similar messages.
(d)
Business sign: a sign that directs attention to or identifies
a business or profession conducted, or to a commodity or service sold,
offered, or manufactured, or to an entertainment offered on the premises
where the sign is located.
(e)
Changeable message sign: a sign, other than a bulletin board
sign, development directory sign, public service sign, or scoreboard,
having a face or faces that allow the message on the sign to be readily
changed by means of light banks, removable letters, or other devices.
(f)
Civic event sign: a temporary sign that announces or identifies
a civic use, purpose, event, or program.
(g)
Construction sign: a temporary sign erected on a premises on
which construction is taking place, during the period of such construction,
indicating the names of the architects, engineers, landscape architects,
contractors, and similar artisans, and the owners, financial supporters,
sponsors, and similar persons or firms having a role or interest in
the construction activity.
(h)
Development map or directory sign. A sign depicting all of the
buildings and other prominent features of or listing by address or
other summary means all of the locations within a multi-building development
containing, and limited to, information to assist persons coming on
the property to locate their destinations within the development.
(i)
Governmental sign: a sign erected and maintained pursuant to
and in discharge of any governmental function or required by any law,
ordinance, or governmental regulation.
(j)
Holiday decorations: signs in the nature of decorations, clearly
incidental to and customarily and commonly associated with any national,
local, or religious holiday.
(k)
Identification sign: a sign giving only the name, trademark,
or other readily recognized symbol or address, or any combination
thereof, of a building, business, development, or establishment on
the premises where it is located.
(l)
Joint identification sign: an identification sign limited in
content to the identification of a planned unit development, office
plaza or park, shopping center, or the like and not containing any
reference to the individual uses sharing the development, plaza, park,
or the like; provided, however, that in the case of a shopping center
or office park or plaza, a joint identification sign may contain references
to not more than three anchor stores or two offices located within
said center or office park or plaza.
[Amended 5-22-2017 by Ord. No. 2017-12; 8-13-2018 by Ord. No. 2018-21]
(m)
Memorial sign: a sign or tablet memorializing a person, place,
event, or structure.
(n)
Nameplate sign: a sign limited in content to the name or address,
or both, of the owner or occupant of the building or premises on which
it is located. If any premises are occupied by more than one occupant,
the nameplate sign may identify all such occupants as well as the
premises and may include necessary directional information.
(o)
Off-premises identification sign: a sign giving only the name,
trademark, or other readily recognized symbol or address, or any combination
thereof, of a building or development, which sign is located off the
lot on which such building or development is located.
(p)
Official flag or emblem: a flag or emblem of a government, college,
theological seminary, church, temple, or commercial enterprise.
(q)
On-site informational sign: a sign, other than a development
map sign, commonly associated with, and limited to, information and
directions necessary or convenient for persons coming on the property,
including signs marking entrances and exits, parking areas, one-way
drives, restrooms, pick-up and delivery areas, and the like.
(r)
Political signs.
[Amended 1-10-2011 by Ord. No. 2011-03]
[1]
Political campaign sign: a temporary sign announcing or supporting
political candidates or issues in connection with any national, state,
or local election. Political campaign signs include only those signs
specifically advocating on behalf of a person, or a position on a
question, to be considered by voters on a ballot.
[2]
Political message sign: a sign, other than a political campaign
sign, expressing a noncommercial message regarding an issue of political
or public concern.
(s)
Private warning sign: a sign limited in content to messages
of warning, caution, or danger.
(t)
Public service sign: a sign displaying only the time, temperature,
stock market quotations, or civic messages by means of a lampbank.
(u)
Real estate sign: a sign pertaining to the sale or lease of
the premises, or a portion of the premises, on which the sign is located.
(v)
Scoreboard: a sign serving an athletic field or tennis court
on a college campus that displays the score of an athletic contest
in progress on such field or court. Such signs may display the identity
of the contest participants as well as the score and other customarily
relevant information regarding the contest or participants, but shall
contain no advertising of any kind; provided, however, that advertising
may be permitted on scoreboards if specifically approved by the Board
of Trustees as part of a campus development plan.
[Amended 4-26-2004 by Ord. No. 2004-07]
(w)
Service station sign: any sign of any structural type located
on the premises of an automobile service station.
(2)
Structural types. For purposes of this code, signs shall be
classified as follows according to structure:
(a)
Awning, canopy, or marquee sign: a sign that is mounted or painted
on or attached to an awning, canopy, or marquee.
(b)
Ground sign: any sign, other than a pylon sign, placed upon
or supported by the ground independently of any other structure. Ground
signs include any sign mounted on a freestanding pole or other supports
so that the bottom edge of the sign face is less than four feet above
grade.
(c)
Moving or animated sign: any sign or part of a sign that changes
physical position by any movement or rotation or that gives the visual
impression of such movement or rotation.
(d)
Pennant: a sign made of cloth of one solid color and containing
no words, letters, figures, designs, symbols, or other message.
(e)
Portable sign: a sign that is not permanently affixed to a building,
a structure, or the ground, but not including customary identification
lettering on vehicles or advertising posters on buses and taxicabs.
(f)
Projecting sign: a sign that is wholly or partially dependent upon a building for support and that projects more than 18 inches from such building, except for a sign that is authorized by a special use permit pursuant to § 260-906H(3)(g).
[Amended 11-8-2021 by Ord. No. 2021-15]
(g)
Pylon sign: a sign that is mounted on a freestanding pole or
other supports so that the bottom edge of the sign face is four feet
or more above grade.
(h)
Roof sign: a sign that is mounted or painted on the roof of
a building, or that is wholly dependent upon a building for support
and that projects above the highest point of a building with a flat
roof, the eave line of a building with a gambrel, gable, or hip roof,
or the deck line of a building with a mansard roof.
(i)
Temporary sign: a sign or advertising display constructed of
cloth, canvas, fabric, paper, plywood, or other light material and
intended to be displayed for a short period of time.
(j)
Wall sign: a sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 18 inches from such building or structure, except as otherwise permitted by § 260-406C(14) or § 260-906H(3)(g) pursuant to a special use permit.
[Amended 1-23-2006 by Ord. No. 2006-02; 11-8-2021 by Ord. No. 2021-15]
(k)
Window sign: a sign that is applied or attached to the exterior
or interior of a window or located within the interior of a structure
so that its message can be read from the exterior of the structure.
F.
Signs specifically prohibited in all districts. The following signs, as well as all other signs not expressly permitted by this section, are prohibited in all districts and shall not be erected, maintained or, except as provided in § 260-1006 of this code, permitted to continue in any district:
(1)
Advertising signs, except when in the form of exterior marking on a vehicle and not in excess of one square foot in area, and otherwise in compliance with the provisions of § 260-901D(6).
(2)
Attention-getting devices.
(3)
Awning, canopy and marquee signs, except that:
[Amended 5-10-2010 by Ord. No. 2010-17]
(a)
Nameplate signs permitted pursuant to Paragraph G(7) of this
section may be painted on the valance of an awning;
(b)
Business signs may be hung from a canopy in the Retail District
if otherwise in compliance with the provisions of this section; and
(c)
On-site informational and identification signs may be painted
on a canopy in the Office District on a lot that abuts both Waukegan
Road and a high school if expressly authorized pursuant to a special
use permit.
(4)
Changeable message signs.
(5)
Off-premises identification signs, except as expressly permitted pursuant to Subsection H of this section.
(6)
Real estate "sold by" signs.
(7)
Moving or animated Signs, except public service signs as expressly
authorized in this section.
(8)
Portable signs, except when approved in connection with temporary uses pursuant to § 260-903 of this code.
(9)
Projecting signs.
(10)
Pylon signs, except scoreboards or except when located in the
Office District and within 25 feet of and facing an exit ramp from
the Illinois Tollway.
(11)
Roof signs.
(12)
Service station signs, except as specifically authorized by
special use permit.
(13)
Temporary signs, except as expressly authorized in this section and except when approved in connection with temporary uses pursuant to § 260-903 of this code.
(14)
Any sign that advertises, identifies, or pertains to a business
no longer conducted, or a product no longer sold, on the premises
where such sign is located. Such signs shall be removed within 30
days following cessation of the relevant activity.
(15)
Any sign on a tree or utility pole, whether on public or private
property.
(16)
Any sign on public property, except governmental or civic event
signs authorized in this section.
(17)
Any sign painted directly on a wall, roof, or fence.
(18)
Any sign using reflective paint or tape, other than a governmental
sign or a warning sign, or as specifically approved by the Board of
Trustees as part of a campus development plan for any sign located
in the College District.
[Amended 5-23-2011 by Ord. No. 2011-20]
(19)
Any sign displaying the price of any goods or services or any
interest rate, except temporary window signs authorized by this section.
(20)
Any sign in the shape of any product, other than a temporary
window sign.
G.
Signs permitted in any district without sign permit or fee. Except as regulated by Subsection D of this section and as expressly prohibited in Subsection F of this section, and notwithstanding any other contrary provisions of this code, the following signs may, subject to the following limitations, be erected and maintained in any district without obtaining a sign permit or paying the fee required for such permit, subject to the following limitations:
(1)
Advertising signs. Such signs shall be no more than one square foot in area and shall be allowed only in the form of exterior markings on a vehicle when otherwise in compliance with the provisions of § 260-901D(6).
(2)
Bulletin board signs. Such signs shall be limited to no more
than one wall or ground sign per zoning lot, shall be no more than
15 square feet in area, and shall be permitted only in connection
with public, religious, and civic institutions. No ground sign shall
be higher than four feet or closer to any street line than 10 feet
or closer to any other lot line than six feet.
(3)
Civic event signs. Such signs must be expressly authorized by
formal action of the Board of Trustees and shall be limited to no
more than one wall or ground sign per zoning lot. No such sign shall
be larger than 15 square feet in area. No ground sign shall be higher
than six feet or, unless specifically permitted by the Board of Trustees,
closer to any lot line than 15 feet. Such signs shall be displayed
for period of not more than 14 days.
(4)
Governmental signs. The content and size of any such sign shall
not exceed the requirements of the law, ordinance, or regulation pursuant
to which such sign is erected.
(5)
Holiday decorations. Such signs shall be displayed for a period
of not more than 45 days before nor more than 20 days following the
holiday in connection with which they are displayed and, except for
Village signs of such type, shall be located no closer than 10 feet
to any lot line and shall not be illuminated between the hours of
10:00 p.m. and 7:00 a.m.; any other provision of this section to the
contrary notwithstanding, such signs may be of any type, number, area,
height, illumination type, or animation so long as they create no
safety hazard, nuisance, or adverse impact on the adjacent properties.
(6)
Memorial signs. Such signs shall be limited to no more than
one wall or ground sign per zoning lot, shall be made of durable materials
such as bronze, stone, or concrete, shall not be illuminated, and
shall not exceed three square feet in area. No ground sign shall be
higher than four feet or closer to any lot line than six feet.
(7)
Nameplate signs. Such signs shall be limited to no more than
one wall or ground sign per occupancy, shall be no more than one square
foot in area per occupancy and in no event more than three square
feet in area, and shall not be illuminated. No ground sign shall be
higher than four feet nor closer to any lot line than five feet.
(8)
Official flags and emblems. Such signs shall be limited to no
more than three per lot. Such signs may be displayed on flagpoles
and when so displayed shall not exceed 24 square feet in area each.
Such signs may also be displayed in the form of a wall sign and when
so displayed shall not exceed three square feet in area each.
(9)
On-site informational signs. Such signs shall be limited to
wall or ground signs of not more than six square feet in area in the
Office District or three square feet in area in all other zoning districts,
shall be, if a ground sign, not more than four feet in height nor
closer than five feet to any street or right-of-way line, and shall
be illuminated only as necessary to accomplish their intended purpose.
[Amended 10-23-2017 by Ord. No. 2017-32]
(10)
Political signs.
[Amended 1-10-2011 by Ord. No. 2011-03]
(a)
Except as provided in Subparagraph G(10)(c), political campaign
signs shall not exceed more than three square feet in area per candidate
or issue per lot.
(b)
Political signs shall be maintained in good physical condition.
The total area of each political sign shall not exceed three square
feet in area per sign, the total area of political signs shall not
exceed a total of 30 square feet in area per zoning lot, and, except
as provided in Subparagraph G(10)(c), the total area of political
signs that may be located within 15 feet from any right-of-way or
lot line is zero square feet.
(c)
Notwithstanding the size limitations contained in Subparagraphs
G(10)(a) and G(10)(b), from the date a ballot for any particular election
has been certified until seven days after such election occurs, in
addition to the amount of total signage for political signs authorized
in Subparagraph G(10)(b), political campaign signs relating to a contest
or question on such certified ballot:
[1]
May be of a size not to exceed four square feet in area per sign;
[2]
May have a total signage area per candidate or issue per lot of not
more than four square feet;
[3]
May be located within 15 feet from any right-of-way or lot line;
and
[4]
Within 15 feet from any right-of-way or lot line, may be maintained
without limitation on total square feet of all political campaign
signs per zoning lot.
(d)
No political sign may be located within a public or private
right-of-way. Political signs must be located entirely on private
property pursuant to the owner's consent. Unless a political sign
includes on its face the name of the person or organization responsible
for such sign, the owner of the private property on which such sign
is located shall be deemed responsible for the sign.
(e)
Political signs shall be exempted from any regulations regarding
sign colors but not regulations relating to illumination of signs.
(f)
Political signs are permitted at all times and are exempt from
permit requirements at all times.
(11)
Private warning signs. Such signs shall be no more than two
square feet in area each, shall be limited to the number necessary
to accomplish the intended purpose, and shall be illuminated only
as required to accomplish such purpose.
(12)
Real estate signs. Except as otherwise provided below, such
signs shall be limited to one single- or double-faced, nonilluminated
sign of the following maximum gross surface areas and maximum heights:
[Amended 8-11-2003 by Ord. No. 2003-29; 12-11-2006 by Ord. No.
2006-37]
(a)
Single-family residential, individual lots: no more than two
square feet per sign face and not to exceed four feet in height. On
a corner lot or through lot, two signs shall be permitted, one facing
each street.
(b)
Single-family residential, multi-lot developments: no more than
20 square feet per sign face and not to exceed six feet in height.
If a multi-lot development real estate sign is erected pursuant to
this subparagraph, no real estate signs shall be erected on the individual
lots unless and until said multi-lot development sign has been removed.
(13)
Temporary use signs. Temporary use signs in compliance with
Paragraph F(6) of this section.
(14)
Temporary window signs. The aggregate area of all such signs
shall not exceed 25% of the area of the window in which they are exhibited
nor block any window area required for light, ventilation, or emergency
exit by any applicable code. No such sign shall be illuminated.
H.
District regulations: residential districts, PLB District, and Office
District. Signs shall be permitted in the A and B Districts, the PLB
District, and the O District as follows:
[Amended by Ord. No. 96-21; 4-12-1999 by Ord. No. 99-04; 12-11-2006 by Ord. No. 2006-37]
(1)
Functional types permitted.
(b)
Construction signs, but for no longer than 14 days following
the conclusion of the construction in question, and in no event longer
than 12 months following the erection of such sign.
(c)
Development map or directory signs, but only in the Office District.
(d)
Identification signs, but only in the Office District.
(e)
Joint identification signs, but only in the Office District.
(f)
Off-premises identification or joint identification signs authorized by a special use permit issued pursuant to § 260-1162 of this code, but only in the Office District and only to identify uses located on lots in the Office District having no frontage on either Waukegan Road or Half Day Road, and subject to the condition that no such sign shall be located less than 70 feet from any other ground sign, at least 50 feet of which distance is occupied by ponds and/or mature woodland areas or at least 30 feet of which distance is occupied by a shared access drive that provides access to the off-premises use, as well as any other conditions that the President and Board of Trustees may deem necessary or appropriate.
[Amended 8-13-2018 by Ord. No. 2018-21]
(g)
Real estate signs, but for no longer than 14 days following the sale or lease of the lot in question, and in no event longer than 12 months following the erection of such sign; provided, however, that real estate signs in the A and B Districts shall be subject to Subsection G of this section.
(h)
Nameplate ground signs in excess of the area, number and/or height restrictions set forth in Paragraph G(7) of this section and authorized by a special use permit issued pursuant to § 260-1162 of this code, but only in the Office District. The President and Board of Trustees may, in their discretion:
[Added 6-23-2008 by Ord. No. 2008-23; amended 1-10-2011 by Ord. No.
2011-01; 8-12-2019 by Ord. No. 2019-17]
(i)
Off-premises nameplate signs authorized by a special use permit issued pursuant to § 260-1162 of this code, but only in the Office District and only to identify uses located on an adjacent lot that is also in the Office District and that has no frontage on either Waukegan Road or Half Day Road, and subject to such conditions as the President and Board of Trustees may deem necessary or appropriate.
[Added 6-27-2016 by Ord.
No. 2016-13]
(2)
Structural types permitted.
(a)
Ground signs, but only in the Office District or as permitted without permit or fee pursuant to Subsection G of this section.
(b)
Temporary signs, but only as permitted without permit or fee pursuant to Subsection G of this section, real estate signs, or construction signs.
(c)
Wall signs.
(d)
Pylon signs, but only in the O District when located within
25 feet of and facing an exit ramp from the Illinois Tollway.
[Added 4-3-2013 by Ord. No. 2013-06]
(3)
Number of signs permitted.
(b)
One construction sign per lot; plus
(c)
Except as specially permitted pursuant to Subparagraph (g),
(k), (l) or (n) of this paragraph, or as specially permitted pursuant
to Paragraph F(3), two identification or joint identification signs
per lot; provided, however, that only one such sign may be a ground
sign unless an additional ground sign is specially permitted as provided
in Subparagraph (e), (f), (g), (h), (k), (l) or (n) below; plus
[Amended 5-14-2007 by Ord. No. 2007-15; 10-27-2008 by Ord. No.
2008-41; 5-10-2010 by Ord. No. 2010-17; 5-26-2015 by Ord. No. 2015-07; 5-22-2017 by Ord. No. 2017-12; 8-13-2018 by Ord. No.
2018-21; 10-22-2018 by Ord. No. 2018-31]
(d)
Two development map or directory signs per development; plus
(e)
If authorized by special use permit, one ground off-premises
identification sign; provided, however, that a second ground off-premises
identification or joint identification sign may be authorized by special
use permit in accordance with Subparagraph (n) of this paragraph.
[Amended 8-12-2019 by Ord. No. 2019-17]
(f)
If authorized by special use permit, a second identification
or joint identification sign may be a ground sign, provided that:
[1]
The total area of all faces of such ground signs shall not exceed
150 square feet;
[2]
Such signs shall not exceed six feet in height, except that
such signs adjacent to and facing the Illinois Tollway may be up to
20 feet in height;
[3]
Each ground sign must be at least 100 feet from any existing
ground sign on any adjacent lot and shall be separated from the other
ground sign on the same lot by at least 100 feet, including at least
50 feet of ponds and/or mature woodlands; and
[4]
One of such signs shall be an off-premises identification sign
relating to an occupant of a lot that lacks frontage on a public street.
(g)
If authorized by a special use permit, a third identification
or joint identification sign may be installed on a lot, provided that:
[1]
The lot abuts the Illinois Tollway;
[2]
At least one of the identification or joint identification signs
shall be facing the Illinois Tollway;
[3]
Not more than two identification or joint identification signs
may be ground signs;
[Amended 4-8-2013 by Ord. No. 2013-06]
[4]
The total area of all faces of such identification or joint
identification signs shall not exceed 300 square feet, of which not
more than 100 square feet shall be adjacent to or facing the Illinois
Tollway;
[5]
Notwithstanding the limitations of Subparagraph H(4)(e), an
identification or joint identification wall sign facing the Illinois
Tollway may exceed 15 square feet; and
[6]
An identification wall sign facing the Illinois Tollway may project
more than 18 inches, but not more than four feet, from the building
wall to which it is attached if such projection is determined to be
necessary due to existing architectural features on the building wall.
[Added 11-8-2021 by Ord. No. 2021-15]
(h)
If authorized by a special use permit, two ground identification
signs may be permitted on a lot, provided that:
[1]
The lot abuts the Illinois Tollway, contains at least 1,000
lineal feet of frontage along said Tollway, and exceeds 15 acres in
total lot area;
[2]
At least one of the ground identification signs shall be facing
the Illinois Tollway, and the total area of all faces of such ground
sign shall not exceed 300 square feet, nor shall the height of such
ground sign exceed 20 feet; and
[3]
The total area of all faces of the other ground sign shall not
exceed 150 square feet, nor shall such ground sign exceed 10 feet
in height.
(i)
One real estate sign per lot, single- or double-faced; provided, however, that real estate signs in the A and B Districts shall be subject to Subsection G of this section.
(j)
If authorized by a special use permit, two ground identification
signs may be permitted on a lot, provided that:
[Added 5-14-2007 by Ord. No. 2007-15]
[1]
The lot abuts the Illinois Tollway;
[2]
At least one of the ground identification signs shall be facing
the Illinois Tollway, and the total area of all faces of such ground
sign shall not exceed 100 square feet, nor shall the height of such
ground sign exceed 8 1/2 feet in height; and
[3]
The total area of all faces of the other ground sign shall not
exceed 35 square feet, nor shall such ground sign exceed five feet
in height.
(k)
If authorized by special use permit, a second identification
or joint identification sign may be a ground sign and a third identification
sign, which shall be a wall sign, may be installed on the same lot,
provided that:
[Added 10-27-2008 by Ord.
No. 2008-14; amended 10-22-2018 by Ord. No. 2018-31]
[1]
The second identification or joint identification ground sign
must be located within 100 feet of an existing identification or ground
identification ground sign on the same lot;
[2]
The second identification or joint identification ground sign
must be located within 50 feet of ponds and/or mature woodlands; and
[3]
The identification wall sign shall be set back at least 350 feet
from any public right-of-way.
(l)
If authorized by a special use permit, a third identification
or joint identification sign may be installed on a lot, which third
identification sign shall be a ground sign, and provided that:
[Added 5-10-2010 by Ord. No. 2010-17]
[1]
The lot abuts both Waukegan Road and a high school;
[2]
The lot is located in the Office District;
[3]
The face of the third ground sign shall not exceed 33 square
feet in area; and
[4]
The total area of all faces of the ground identification or
joint identification signs shall not exceed 45 square feet.
(m)
If authorized by special use permit, a second identification
sign may be a ground sign, provided that:
[Added 5-26-2015 by Ord.
No. 2015-07]
[1]
The total area of all faces of such ground signs shall not exceed
55 square feet;
[2]
Such signs shall not exceed four feet eight inches in height;
[3]
Each identification sign must be separated from the other identification
sign on the same lot by at least 700 feet;
[4]
At least one of the identifications signs shall be facing Waukegan
Road; and
[5]
The principal building on the lot is fully owner-occupied at the
time the special use permit is granted.
(n)
If authorized by a special use permit, up to four identification
or joint identification ground signs may be installed on a lot provided
that:
[Added 8-13-2018 by Ord.
No. 2018-21; amended 8-12-2019 by Ord. No. 2019-17]
[1]
The lot abuts Waukegan Road;
[2]
The lot is located in the Office District and does not abut
any lot that is not located in the Office District;
[3]
The faces of each of the third and (if authorized) fourth ground
signs do not exceed 60 square feet in area per sign face; and
[4]
The third and (if authorized) fourth identification or joint
identification signs on the lot are specially permitted off-premises
identification signs that relate to uses located within the Office
District that have no frontage on any public street and that are served
by an access drive located on the lot.
(4)
Maximum gross surface area of signs permitted.
(b)
Construction signs: not to exceed four square feet per lot in
the residential and PLB Districts or 15 square feet per lot in the
Office District, up to a maximum total sign area of 30 square feet
in the residential and PLB Districts and 75 square feet in the Office
District for multi-lot developments.
(c)
Ground signs: not to exceed 50 square feet per sign face nor more than two faces per sign, unless a special use permit authorizing a larger size sign is issued pursuant to § 260-1162 of this code.
(d)
Development map signs: not to exceed 10 square feet.
(e)
Real estate signs: not to exceed 20 square feet per sign face in accordance with the standard format depicted on Appendix 260-906-1, unless a special use permit authorizing a larger size sign is issued pursuant to § 260-1162 of this code; provided, however, that real estate signs in the A and B Districts shall be subject to Subsection G of this section.
(f)
Nameplate and identification signs. Notwithstanding any other provision of this code, the total gross area of all faces of all nameplate signs and all identification signs on a lot in the Office District shall not exceed 300 square feet, except upon issuance of a special use permit pursuant to § 260-1162 of this code.
[Added 1-14-2013 by Ord. No. 2013-01]
(g)
All other permitted signs: not to exceed 15 square feet per
lot; except that, if authorized by a special use permit, one identification
or joint identification wall sign may be installed on a lot to a maximum
of 100 square feet of signage, provided that:
[Amended 5-10-2010 by Ord. No. 2010-17]
[1]
The lot abuts the Illinois Tollway, and the wall sign in excess
of 15 square feet shall be facing the Illinois Tollway; or
[2]
The lot abuts both Waukegan Road and a high school; or
[3]
The lot is located in the Office District, does not directly
abut any public street, and is at least 10 acres in size; or
[Added 8-13-2018 by Ord.
No. 2018-21]
[4]
The lot is located in the Office District and abuts Waukegan
Road, the zoning lot is more than 10 acres in size, and the wall sign
is set back at least 350 feet from any public right-of-way.
[Added 10-22-2018 by Ord.
No. 2018-31]
(5)
Maximum height of signs permitted.
(b)
Construction signs: eight feet.
(c)
Ground signs: five feet, except that signs adjacent to and facing
the Illinois Tollway may be up to 20 feet in height.
(d)
Wall signs: 15 feet, but in no event higher than the bottom
of any second floor window, except that (1) on lots adjacent to the
Illinois Tollway, wall signs facing said Tollway may be located along
and no less than one foot from the top of the building wall, and (2)
if authorized by special use permit, on a lot in the Office District
that does not directly abut any public street and is at least 10 acres
in size, one wall sign may be located along and not less than two
feet five inches from the top of the building wall, and (3) if authorized
by special use permit, on a lot in the Office District that abuts
the Illinois Tollway and is at least six acres in size, one wall sign
facing the Tollway may be located along and not more than 1 1/2 inches
above the top of the building wall.
[Amended 8-13-2018 by Ord. No. 2018-21; 11-8-2021 by Ord. No. 2021-15]
(7)
Illumination.
(a)
Signs without permits: signs permitted pursuant to Subsection G of this section shall be illuminated only as permitted in that subsection.
(b)
Other signs: signs permitted pursuant to this Subsection H may be illuminated only by indirect or internal white light; provided, however, that only the words, letters, figures, designs, and symbols on a sign in the Office District may be internally illuminated and provided, further, that real estate signs shall not be illuminated.
(8)
Signs accessory to nonconforming uses. Signs accessory to nonconforming uses in the residential districts, the PLB District and the Office District shall be subject to the provisions of this Subsection H.
(9)
Ground signs in the Office District. The base of all ground signs in the Office District shall be solid and constructed of stone or similar masonry material that has architectural symmetry with the style, composition, materials, and details of the Village entry signage (as depicted on Appendix 260-906-2). In addition, the sign face of all ground signs in the Office District shall have architectural symmetry with the style, composition, materials, and details of the principal building on the property upon which the ground sign is located. Ground signs in the Office District shall be designed and constructed so that the width of the sign base is not less than the width of the sign face. Each ground sign in the Office District shall include the property address of the lot on which the sign or use is located, which address shall be included within the top 1/3 portion of the sign and shall remain visible from the nearest street adjacent to the lot; provided, however, that this Paragraph H(9) shall not be deemed or interpreted as allowing or authorizing any illumination of the sign in excess of the sign illumination standards set forth in this code. Landscaping shall be installed in the area surrounding a ground sign in the Office District, and shall be maintained in a manner that preserves the visibility of the address on the sign, as required by this Paragraph H(9). The design, materials, and location of a ground sign in the Office District, as well as the location and materials for the proposed landscaping to be installed around any such ground sign, shall be reviewed and approved by the Architectural Review Commission in accordance with § 260-1166C of this code.
[Amended 3-12-2012 by Ord. No. 2012-05; 8-13-2018 by Ord. No. 2018-21]
I.
District regulations: Retail District. In the Retail District, signs
shall be permitted as follows:
[Amended 12-11-2006 by Ord. No. 2006-37]
(1)
Functional types permitted.
(b)
Business signs.
(c)
Construction signs, but for no longer than 14 days following
completion of the construction in question, and in no event longer
than 12 months following the erection of such sign.
(d)
Development map or directory signs.
(e)
Identification signs.
(f)
Joint identification signs.
(g)
Public service signs, but only when authorized by a special use permit issued pursuant to § 260-1162 of this code and only subject to the following conditions:
(h)
Service station signs, but only as specifically authorized by
the special use permit permitting the automobile service station in
question.
(i)
Special event signs.
(j)
Real estate signs, but for no longer than 14 days following
the sale or lease of the lot in question, and in no event longer than
12 months following the erection of such sign.
(3)
Number of signs permitted.
(b)
Any number of awning or canopy signs, subject to the area limitations
of Subparagraph (14)(b) of this section; plus
(c)
Except as otherwise provided pursuant to a special use permit granted under § 260-406C(17) or § 260-406D(20), two wall or permanent window signs per occupancy; plus
[Amended 11-26-2007 by Ord. No. 2007-43; 6-26-2017 by Ord. No. 2017-19]
(d)
One construction sign per shopping center; plus
(e)
One development map or directory sign per shopping center; plus
(f)
Except as otherwise provided pursuant to a special use permit granted under § 260-406C(17), two ground signs per shopping center; plus
[Amended 11-26-2007 by Ord. No. 2007-43]
(g)
One public service sign per shopping center; plus
(h)
Two special event signs per shopping center; provided, however,
that special event signs shall not be displayed for more than 30 consecutive
days nor more than a total of 60 days in any three-hundred-sixty-five-day
period.
(i)
Any number of temporary window signs, subject to the area limitations
of Subparagraph (14)(c) of this subsection and subject to the requirements
of Paragraph G(14) of this section.
(j)
Any number of pennants that are not strung together in a series
and are identical in size, shape, and color, subject to the area limitations
of Subparagraph (14)(g) of this subsection; and provided, however,
that pennants shall not be displayed for more than 30 consecutive
days nor more than a total of 60 days in any three-hundred-sixty-five-day
period.
(k)
One real estate sign per lot, single- or double-faced.
(4)
Maximum gross surface area of signs permitted.
(b)
Awning and canopy signs: not to exceed six square feet per sign
nor more than one sign per occupancy.
(c)
Wall and window signs: not to exceed one square foot per foot
of building width, up to a maximum of 300 square feet.
(d)
Construction signs: not to exceed 64 square feet per sign face
nor more than two faces per sign.
(e)
Development map or directory signs: not to exceed 10 square
feet.
(f)
Ground signs: not to exceed 100 square feet per sign face nor more than two faces per sign unless a greater area or number of faces is authorized by a special use permit issued pursuant to § 260-1162 of this code.
(g)
Pennants: not to exceed five square feet each or a total of
100 square feet per development.
(h)
Public service signs: not to exceed 15 square feet per sign
face nor more than two sign faces per development.
(i)
Special event signs: not to exceed 15 square feet per sign.
(5)
Maximum height of signs permitted.
(b)
Construction signs: eight feet.
(c)
Ground signs: six feet, unless a greater height is authorized by a special use permit issued pursuant to § 260-1162 of this code.
(d)
Wall signs: 20 feet or no higher than the bottom of any second-floor
window, whichever is less.
(e)
Window signs: no higher than in a window on the lowest level
of the building, excluding any basement.
J.
District regulations: College District. In the College District,
signs shall be permitted as follows:
[Amended 4-20-2004 by Ord. No. 2004-07; 12-11-2006 by Ord. No.
2006-37]
(1)
Functional types permitted.
(b)
Construction signs, but for no longer than 14 days following
completion of the construction in question, and in no event longer
than 12 months following the erection of such sign.
(c)
Development map or directory signs.
(d)
Identification signs.
(e)
Joint identification signs.
(f)
Scoreboards.
(g)
Special event signs.
(h)
Real estate signs, but for no longer than 14 days following
the sale or lease of the lot in question, and in no event longer than
12 months following the erection of such sign.
(i)
On-site informational signs and combination on-site informational
and bulletin board signs, but only as specifically approved by the
Board of Trustees as part of a campus development plan.
[Added 5-23-2011 by Ord. No. 2011-20]
(3)
Number of signs permitted.
(b)
Two wall or permanent window signs per structure; plus
(c)
One construction sign per district; plus
(d)
Six development map or directory signs per district; plus
(e)
One ground sign per structure; plus
(f)
Two special event signs per district; provided, however, that
special event signs shall not be displayed for more than 30 consecutive
days nor more than a total of 60 days in any three-hundred-sixty-five-day
period; plus
(g)
One scoreboard per district; provided, however, that additional
scoreboards may be permitted if specifically approved by the Board
of Trustees as part of a campus development plan.
(h)
Any additional signs specifically approved by the Board of Trustees
as part of a campus development plan.
(i)
One real estate sign per lot, single- or double-faced.
(4)
Maximum gross surface area of signs permitted.
(b)
Wall and window signs: not to exceed one square foot per foot
of building width, up to a maximum of 300 square feet.
(c)
Construction signs: not to exceed 64 square feet per sign face
nor more than two faces per sign.
(d)
Development map or directory signs: not to exceed 15 square
feet unless a greater area is specifically approved by the Board of
Trustees as part of a campus development plan.
(e)
Ground signs: not to exceed 10 square feet per sign face nor
more than two faces per sign unless a greater area or number of faces
is specifically approved by the Board of Trustees as part of a campus
development plan.
(f)
Scoreboards: not to exceed 200 square feet nor more than one
face; provided, however, that scoreboards may have more than one face
if specifically approved by the Board of Trustees as part of the campus
development plan.
(g)
Special event signs: not to exceed 15 square feet per sign.
(5)
Maximum height of sign permitted.
(b)
Construction signs: eight feet.
(c)
Ground signs: six feet, unless a greater height is specifically
approved by the Board of Trustees a part of a campus development plan.
(d)
Wall signs: 20 feet or no higher than the bottom of any second
floor window, whichever is less, unless a greater height is specifically
approved by the Board of Trustees as part of a campus development
plan.
(e)
Window signs: no higher than in a window on the lowest level
of the building, excluding any basement.
(6)
Maximum setback required.
(b)
Other signs: 10 feet from any lot line (other than a lot line
abutting a residential district, in which case the setback shall be
100 feet), and 15 feet from the edge of any curbed pavement or 25
feet from the edge of any uncurbed pavement.
(7)
Illumination.
(a)
Signs without permits: Signs permitted pursuant to Subsection G of this section shall be illuminated only as permitted in that subsection.
(b)
Other signs: Signs permitted pursuant to Subsection J may be illuminated only by indirect or internal white light, or as specifically approved by the Board of Trustees as part of a campus development plan; provided, however, that real estate signs shall not be illuminated.
[Amended 5-23-2011 by Ord. No. 2011-20]
[Amended 6-13-2005 by Ord. No. 2005-13; 11-12-2013 by Ord. No. 2013-21; 7-11-2016 by Ord. No. 2016-22; 3-13-2017 by Ord. No. 2017-05]
A.
Purposes. This section establishes minimum landscaped bufferyard
requirements between properties, at various district boundaries, and
along certain rights-of-way. These bufferyards will function to provide
screening to reduce potential nuisances such as litter, noise, light
intrusion, and odor and to mitigate adverse impacts associated with
changes in building scale and land use intensities. These regulations
are intended to preserve and enhance the character of both the Village's
residential and nonresidential areas, and to assure that the Village's
overall community character remains secure while allowing reasonable
development potential to be realized. The intent of these regulations
is to encourage natural versus symmetrical planting patterns within
the Village. The preservation of existing trees is the best possible
buffer.
B.
Bufferyards required.
(1)
The bufferyards specified in this § 260-907 shall be established from and after the effective date of this code in conjunction with any development in the Village in any district, which:
(a)
Includes any new or enlarged structure, including a deck or
patio, except for the following:
[1]
A deck or patio the total size of which is 400 square feet or less
upon completion,
[2]
An open-type fence,
[3]
An accessory storage structure not exceeding 120 square feet in gross
floor area;
[4]
A stable not exceeding 200 square feet in gross floor area; or
[5]
Any addition to the principal structure on the zoning lot, provided
that the gross floor area of such addition, in combination with any
other addition to the principal structure on the zoning lot for which
a certificate of occupancy is issued on or after March 13, 2017, does
not exceed 400 square feet; or
(b)
Increases an existing roof peak elevation by more than four
feet.
(2)
Required bufferyards shall be installed prior to the issuance
of a certificate of occupancy for any new structure or addition to
an existing structure unless the Building Commissioner receives from
the owner, at the owner's sole cost, a letter of credit or other acceptable
security in the amount of 125% of the estimated cost of such bufferyard
as determined by the Village to assure that the bufferyard is installed
to the Building Commissioner's satisfaction within six months after
the issuance of such certificate of occupancy. All bufferyards shall
be established and maintained for a minimum of two years following
an issuance of a certificate of occupancy.
(3)
Notwithstanding any provision of this § 260-907 to the contrary, a property shall not be deemed to be in violation of this section due to the removal from a property's required bufferyard area of one or more trees or shrubs that are dead or dying due to disease or insect infestation or that are otherwise hazardous due to natural conditions or force majeure, provided that:
C.
Location. Bufferyards shall be located along and shall extend to all lot or boundary lines, and may be located on any portion of any public or private right-of-way. For developments consisting solely of a new or enlarged deck or patio in excess of 400 square feet, bufferyards meeting the requirements of this § 260-907 shall be established along each side of the zoning lot from which the development is visible from ground level at the lot line upon completion. Bufferyards along all streets may be located entirely within the right-of-way. Notwithstanding the location restrictions of this Subsection C, the Village Board may, by resolution, permit the required plantings to be located on an adjoining lot with the permission of the adjoining lot owner, provided that the owner of the subject property establishes to the satisfaction of the Village Forester that good forestry practices prohibit or prevent the installation of the required plantings within the bufferyard on the subject property, and provided further that the owner of the subject property obtains, and delivers to the Village, an easement agreement from the adjoining lot owner to permit the installation and maintenance of such plantings on the adjoining lot, which easement agreement shall be enforceable by the Village.
D.
Design standards. Bufferyards shall be designed using the minimum standards hereinafter set forth based upon opacity values achieved through a three-step process, as follows: 1) determine the opacity value using the Table of Required Opacity Value, 2) calculate the number of plant units required per 100 lineal feet using the Table of Bufferyard Requirements per 100 lineal feet, and 3) select plant materials from the alternatives listed in the Table of Plant Unit Alternatives. For the purposes of this § 260-907, opacity value shall be defined as a measure of the degree to which the view of an object is obscured when viewed from the lot line. If the building or land use is not visible from the lot line, then the screen or buffer has an opacity value of 100%. As an example, an opacity value of 100% means that the building or land use is completely obscured, i.e., the object cannot be seen, and an opacity value of 20% means that the screen or buffer blocks 20% of the view from the lot line.
(1)
Determine opacity value. Bufferyards are to be designed to achieve
a certain opacity value depending upon their location and consequent
desired function. The required opacity value at district boundaries,
between properties, and along various rights-of-way shall be determined
using the following Tables of Required Opacity Value:
|
Residential Districts
Table of Required Opacity Value
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning of Adjoining Lot
| |||||||
|
Zoning of Lot to be Developed
|
A Residential District
|
B Residential District
|
Retail Districts
|
Office District
|
College District
|
Public Land and Buildings District
|
Streets
|
|
A Residential District
|
50%
|
50%
|
50%
|
50%
|
50%
|
50%
|
40%
|
|
B Residential District
|
30%
|
30%
|
30%
|
30%
|
30%
|
30%
|
30%
|
|
Code Key:
|
|---|
|
50% = 50% opacity value
|
|
Retail Districts
Table of Required Opacity Value
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning of Adjoining Lot
| |||||||
|
Zoning of Lot to be Developed
|
A Residential District
|
B Residential District
|
Retail Districts
|
Office District
|
College District
|
Public Land and Buildings District
|
Streets
|
|
Retail District
|
100%
|
100%
|
NR
|
50%
|
100%
|
100%
|
40%
|
|
Code Key:
|
|---|
|
50% = 50% opacity value
|
|
NR = Not Required
|
|
Office District
Table of Required Opacity Value
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning of Adjoining Lot
| |||||||
|
Zoning of Lot to be Developed
|
A Residential District
|
B Residential District
|
Retail Districts
|
Office District
|
College District
|
Public Land and Buildings District
|
Streets
|
|
Office District
|
100%
|
100%
|
20%
|
NR
|
100%
|
100%
|
40%
|
|
Code Key:
|
|---|
|
50% = 50% opacity value
|
|
NR = Not Required
|
|
College District
Table of Required Opacity Value
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning of Adjoining Lot
| |||||||
|
Zoning of Lot to be Developed
|
A Residential District
|
B Residential District
|
Retail Districts
|
Office District
|
College District
|
Public Land and Buildings District
|
Streets
|
|
College District
|
50%
|
50%
|
50%
|
50%
|
NR
|
50%
|
40%
|
|
Code Key:
|
|---|
|
50% = 50% opacity value
|
|
NR = Not Required
|
|
Public Land and Buildings District
Table of Required Opacity Value
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning of Adjoining Lot
| |||||||
|
Zoning of Lot to be Developed
|
A Residential District
|
B Residential District
|
Retail Districts
|
Office District
|
College District
|
Public Land and Buildings District
|
Street
|
|
Public Land and Buildings District
|
50%
|
50%
|
NR
|
NR
|
NR
|
NR
|
40%
|
|
Code Key:
|
|---|
|
50% = 50% opacity value
|
|
NR = Not Required
|
(2)
Calculate number of plant units. The following table indicates
the number of plant units, depending upon bufferyard type and width,
which must be installed per 100 lineal feet of bufferyard in order
to achieve the opacity values specified in the Table of Required Opacity
Value as well as when a berm or fence must be incorporated in the
design:
|
Table of Bufferyard Requirements per 100 Lineal Feet
| ||||
|---|---|---|---|---|
|
Required Opacity Value
|
Bufferyard Width
(feet)
|
Number of Plant Units
|
Type of Structure Required
| |
|
20%
|
10
|
1
|
None
| |
|
30%
|
15 to 20
|
1
|
None
| |
|
40%
|
20 to 25
|
1
|
None
| |
|
50%
|
30 to 40
|
2
|
None
| |
|
100%
|
60
|
2
|
8-foot berm
| |
(3)
Select plant materials. For purposes of this code, the plant
materials required shall be measured in terms of "plant units," which
may be established by selecting from any of the alternatives listed
in the following Table of Plant Unit Alternatives:
|
Table of Plant Unit Alternatives
| |||
|---|---|---|---|
|
Plant Unit Alternative1
|
Quantity, Size at Planting, and Type of Plants Required
to Equal 1 Plant Unit
| ||
|
Alternative Unit A
|
1
|
3" caliper canopy tree
| |
|
1
|
1 1/2" caliper understory tree
| ||
|
1
|
8' high evergreen tree
| ||
|
11
|
3' high shrubs
| ||
|
Alternative Unit B
|
1
|
3" caliper canopy tree
| |
|
2
|
1 1/2" caliper understory tree
| ||
|
13
|
3' high shrubs
| ||
|
Alternative Unit C
|
2
|
1 1/2" caliper understory tree
| |
|
3
|
8' high evergreen trees
| ||
|
7
|
3' high shrubs
| ||
|
Alternative Unit D2
|
4
|
8' high evergreen trees
| |
|
15
|
3' high shrubs
| ||
|
Notes:
| ||
|---|---|---|
|
1
|
In any plant unit alternative, a canopy tree or understory tree
may be substituted with an eight-foot-high evergreen tree; provided,
however, that if no canopy or understory trees are used, a minimum
of four evergreen trees (eight feet high) must be planted per 100
lineal feet. Arborvitae shall not be used to meet any planting requirement
for evergreen trees.
| |
|
2
|
Preferred for year-round screen.
| |
(4)
Account for preserved trees and shrubs in bufferyards.
(a)
Existing trees in an affected bufferyard shown to be healthy
in a tree survey by a qualified forester shall be counted toward the
applicable plant unit requirements for such required bufferyard, provided
that: 1] none of the area within the drip line of any preserved tree
exceeding 16 inches' DBH shall be disturbed; 2] no more than 10% of
the area within the drip line of any preserved tree from six inches'
to 16 inches' DBH shall be disturbed; and 3] no more than 30% of the
area within the drip line of any preserved tree from two inches' to
six inches' DBH shall be disturbed. Preserved trees shall be counted
towards canopy, understory, or evergreen tree requirements, as the
case may be, in accordance with the following Table:
|
Preserved Trees Counted
Towards Bufferyard Requirements
| ||
|---|---|---|
|
DBH of Preserved Tree
(inches)
|
Number of Trees Credit
| |
|
24 +
|
4
| |
|
16 to 23.9
|
3
| |
|
10 to 15.9
|
2
| |
|
6 to 9.9
|
1.5
| |
|
2 to 5.9
|
1
| |
(b)
Existing healthy shrubs may also be counted toward shrub requirements
on a one-for-one basis, provided that no part of any such preserved
shrub nor its root system is damaged in any manner and that the Building
Commissioner determines that such preserved shrub will function to
serve the intended purposes of this section.
E.
Use of bufferyards. Required bufferyards may be used for passive
recreation. They may be occupied by pedestrian, bicycle, or equestrian
trails, provided that the required plant units are maintained and
all other requirements of this code are met. In no event shall any
other use or structure such as swimming pools, tennis courts, or similar
facilities be permitted in any required bufferyard.
F.
Review by Architectural Review Commission. Selection of plant unit materials and the location and placement of such materials within the bufferyard shall be evaluated and reviewed by the Architectural Review Commission as part of the Architectural Review Commission's review of site and landscaping plans pursuant to § 260-1166, Subsection F, of this code or, in the event the Architectural Review Commission's review is waived pursuant to § 260-1166, Subparagraph E(1)(b) of this code, then the review required by this Subsection G shall be by the Plan Commission.
G.
Alternative design option.
(1)
In lieu of strict compliance with the planting requirements
of Paragraph D(3), a property owner may apply to the Village for approval
of an alternative landscaping design ("alternative design") that is
sufficient to meet the applicable opacity requirements within 10 years.
(2)
An alternative design application shall be subject to review
and approval by the Architectural Review Commission at a public meeting.
A proposed alternative design shall be approved only if the Architectural
Review Commission determines that the applicant has demonstrated that
the proposed alternative design:
(a)
Is sufficient to meet the applicable opacity requirements within
10 years;
(b)
Provides effective perimeter screening and buffering from adjacent properties and uses and otherwise advances the goals and purposes of this § 260-907, taking into consideration any unique conditions on the applicant's property, including, but not limited to, existing landscape and structures, lot size and shape, wetlands and floodplains, and other existing natural features and soil conditions; and
(c)
Was prepared by a person with sufficient qualifications and/or experience.
A.
Parking lots and garages.
(1)
Parking lot screening.
(a)
Every parking lot and structure shall, to the extent hereinafter
specified, be screened by a perimeter landscaped bufferyard having
a width of at least 10 feet or the width of the required yard, whichever
is less. The landscaping and screening treatment of such space shall
be so designed and maintained to screen parked cars at least up to
the top of the engine hood from view at every point located four feet
to six feet above grade, 20 feet from the property line of the subject
property and on any public or private street or any private property
located in a more restrictive zoning district than the zoning district
in which the subject property is located.
(b)
The provisions of this Paragraph A(1) shall apply to parking lots
developed prior to the effective date of this code only to the extent
that such parking lots have, on said effective date, unpaved areas
abutting them in which landscaping and screening may be installed.
(2)
Parking lot interior landscaping. In addition to the requirements
set forth in Paragraph A(1) above, every parking lot containing 10
or more parking spaces shall contain at least one tree two inches
or greater in diameter for each 10 parking spaces constructed after
June 27, 1977. Such trees may be provided by the preservation of existing
trees or the planting of new trees. Each tree shall be surrounded
by a landscaped area of at least 36 square feet. No existing or new
tree located more than five feet outside the perimeter of the paved
parking area shall be counted in meeting the requirements of this
Paragraph A(2). All islands in excess of 50 square feet created by
curbs or other traffic flow regulators shall be landscaped. Planting
islands located within the interior of a parking lot shall be at least
six feet in width.
(3)
Parking garage and structure design. The exterior walls of every
parking garage and structure constructed after the effective date
of this code, other than garages accessory to single-family dwellings,
shall be constructed of the same materials as the principal building
to which the garage or structure is accessory and shall be such as
to shield all parked vehicles from view from the exterior of the garage
or structure.
B.
Loading spaces. Every loading space visible from any lot zoned for
residential use, whether or not such residential use is within the
Village, shall be screened on all sides visible from any such lot
by an opaque fence, wall, or densely planted evergreen hedge of not
less than six feet in height, except as necessary for access.
C.
Refuse containers; outdoor storage.
(1)
Screening. All refuse containers and all areas of permitted
outdoor storage shall be enclosed on at least three sides by an opaque
fence, wall, or densely planted evergreen hedge of a height and in
a manner sufficient to completely screen such containers or storage
areas from view from adjoining properties and public or private streets.
(2)
Location. No refuse containers or storage areas shall be located
between any principal structure and either its front or corner side
lot line.
D.
Class II and III vehicles in residential districts. All Class II and III vehicles stored in parking areas in residential districts shall be screened on all sides visible from any neighboring public or private property by an opaque fence, wall, or densely planted hedge of at least six feet in height, except as necessary for access. See § 260-901D(6) of this code for additional requirements applicable to such vehicles.
E.
Residential recreational facilities. Outdoor residential recreational facilities accessory to any dwelling located in any residential district shall be located to the rear of the dwelling and may be located in a required rear yard, provided such facilities are set back at least 10 feet from the dwelling and at least 15 feet from each side and rear lot line. Unless set back 30 or more feet from all lot lines, such facilities shall be buffered by a perimeter landscaped bufferyard of no less than 10 feet and shall be screened by a densely planted hedge of not less or an opaque fence or wall of not less nor more than eight feet in height. Such screening shall be provided on all sides of such facility visible from any adjoining property or any public or private street. See § 260-901D(2) of this code for additional requirements applicable to such facilities.
F.
Antennas and antenna support structures. Appropriate landscaping shall be located and maintained between any antenna and antenna support structure, other than a roof-mounted antenna and antenna support structure or an amateur radio facility, and each lot line of the property on which it is located so as to provide the maximum reasonably achievable screening, as determined by the Building Commissioner, of such antenna and antenna support structure from view from adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than 10 feet in height. Alternatively, for a roof-mounted antenna and antenna support structure, the maximum reasonably achievable screening, as determined by the Building Commissioner, shall be provided between such antenna and antenna support structure and the view from adjoining properties and public or private streets. See § 260-901D(8) and D(9) of this code for additional requirements applicable to antennas and antenna support structures and amateur radio facilities.
G.
Rooftop mechanical equipment. Except for antennas mounted on roofs
pursuant to the provisions of this code, all mechanical equipment
located on the roof of any building constructed after the effective
date of this code shall be fully screened by a parapet wall or other
screening structure constructed of materials compatible with the principal
building facade to the height of such equipment.
H.
Nondwelling uses abutting residential use. In any case where a lot
to be devoted to any use other than use as a dwelling abuts or is
across a right-of-way from any lot zoned for residential use, whether
or not such residentially zoned lot is within the Village, the use
and development of the lot to be devoted to the nondwelling use shall
be subject to the following requirements:
(1)
Building setback. All buildings more than 15 feet in height
shall be set back from any front or corner side lot line facing a
residential district a distance equal to the setback normally required
or to the front yard required in the adjacent residential district
or 100 feet, whichever is greater, and from any other lot line no
less than 100 feet.
(2)
Landscaping and screening. Any front or corner side yard or
setback required pursuant to the preceding paragraph shall be treated
as a perimeter landscaped bufferyard. Any side or rear lot line abutting
a dwelling use or a residential district shall be buffered by a perimeter
landscaped open space of at least five feet in width along such lot
line and shall provide a total visual screen at least six feet in
height along the entire length of such line.
(3)
Outdoor activity areas. Any area of permitted outdoor activity
likely to produce visual or auditory disturbance or annoyance on any
abutting residential lot shall be separated from said lot by a perimeter
landscaped bufferyard at least 50 feet wide or by another buffering
treatment found by the Building Commissioner to be reasonably sufficient
to create a visual barrier, to absorb and diffuse noise, and to ensure
the private enjoyment of said lot.
I.
General landscaping and maintenance requirements. Except for accessory
uses expressly permitted to be located in required yards, all yards
and open space between and about structures and off-street parking
and loading areas and lots shall be landscaped. Except for permitted
refuse containers, all areas of every lot shall be kept free of accumulations
of garbage, trash, refuse, debris, and other unsightly or nuisance-creating
materials. All landscaping shall be continually maintained by the
owner or other person responsible for maintenance of the premises,
and all planting areas shall be kept free of weeds and debris. Undeveloped
areas shall be kept free of accumulations of garbage, trash, refuse,
debris, and other unsightly or nuisance-creating materials until developed.
[Amended 6-11-2001 by Ord. No. 2001-14; 2-25-2002 by Ord. No.
2002-04]
The following shall not be considered to be obstructions when
located in the required yards specified:
A.
All yards.
[Amended 11-12-2013 by Ord. No. 2013-21]
(1)
Patios,
decks, and porches not over three feet above the average level of
the adjoining ground, but not including a covered porch, provided
that any such patio, deck or porch is located no closer than 15 feet
to any lot line;
(2)
Awnings
and canopies;
(3)
Steps
four feet or less above grade which are necessary for access to a
permitted building or for access to a zoning lot from a street or
alley;
(4)
Chimneys
projecting 18 inches or less into the yard;
(5)
Recreational
and laundry-drying equipment;
(6)
Arbors
and trellises;
(7)
Flagpoles;
(8)
Closed-type
fences not exceeding six feet in height above grade, provided that
such closed-type fence does not abut, in whole or in part, any public
right-of-way with the exception of Half Day Road;
(9)
Open-type
fences not exceeding eight feet in height; and
(10)
Pylons, subject to the following conditions:
(a)
Maximum height. No pylon shall exceed the greater of six feet
in height or the maximum height of the adjoining elements of an open-type
fence;
(b)
Affixed lighting fixtures. No lighting fixtures affixed to a
pylon shall extend more than 24 inches above the maximum height of
the pylon to which such fixture is attached, and in no event shall
such fixture and pylon exceed a combined height of eight feet above
grade; and
(c)
Limited street frontage. In no event shall any pylon exceed
six feet in height on a lot with less than 100 lineal feet of street
frontage.
C.
Rear yards.
[Amended 11-12-2013 by Ord. No. 2013-21]
(1)
Enclosed,
attached or detached off-street parking spaces;
(2)
Open
off-street parking spaces;
(3)
Accessory
sheds, tool rooms, and similar buildings or structures for domestic
or agricultural storage, subject to the required setback for accessory
structures;
(4)
Balconies,
breezeways, patios, decks, and porches, but not including a covered
porch, provided that such balcony, breezeway, patio, deck, or porch
does not extend into the required rear yard by more than 15 feet;
(5)
One-story
bay windows projecting three feet or less into the yard; and
(6)
overhanging
eaves and gutters projecting three feet or less into the yard.
D.
Side yards: overhanging eaves and gutters projecting 18 inches or
less into the yard.
E.
Obstructions in rights-of-way. For purposes of this code, no structure
may be constructed within a public or private right-of-way for street
purposes, except as expressly provided in this code.
[Added 1-10-2011 by Ord. No. 2011-04]
[Added 2-23-1998 by Ord. No. 98-07]
A.
Purpose. The purpose of this section is to provide specific regulations
and standards for the placement and siting of wireless telecommunications
antennas and related facilities to provide wireless telecommunications
services in the Village of Bannockburn. The goal of this section is
to provide regulations that will facilitate the location of various
types of wireless communication facilities in permitted locations
so that they are consistent with the countryside and estate character
of the Village. The sizable areas of open space, the extensive natural
landscaping, and the relatively low scale of structures in the Village
all contribute to this unique and distinctive setting. Minimizing
the adverse visual impact of wireless facilities within the Village,
and especially within the residential core of the Village, is one
of the primary objectives of this section. This section is intended
to allow wireless telecommunication facilities that are sufficient
to allow adequate service to citizens, the traveling public, and others
within the Village, while maintaining the unique character of the
Village as described in the Village Comprehensive Plan.
B.
General standards and regulations. The general standards set forth
in this subsection shall apply to the location of all personal wireless
services antennas in the Village, whether allowed as a permitted use
or as a special use in the individual zoning district regulations
of this code.
(1)
Separation from residential districts and properties. Personal
wireless services antennas, support structures, and personal wireless
services facilities shall not be located within 500 feet from the
nearest outside wall of any single-family dwelling in existence prior
to the commencement of construction of such personal wireless services
antennas, support structures, or personal wireless services facilities;
provided, however, that the personal wireless services antennas, support
structures, or personal wireless services facilities that are located
on property owned by the Village may be located within 500 feet of,
but not less than 150 feet from, the nearest outside wall of any single-family
dwelling.
(2)
Height. Unless otherwise authorized and approved as a special
use, personal wireless services antennas, support structures, or personal
wireless services facilities may extend to the following heights:
(a)
Towers and monopoles. Personal wireless services antenna support
structures of a tower or monopole design may extend to a height of
not more than 65 feet.
(b)
Omnidirectional or whip antennas. Omnidirectional or whip antennas
may extend not more than 12 feet above the highest point of the support
structure on which they are mounted.
(c)
Directional or panel antennas. Directional or panel antennas
may not extend above the highest point of the support structure on
which they are mounted; except that, pursuant to a special use permit,
directional or panel antennas may extend not more than 3.5 feet above
the highest point of the support structure on which they are mounted
if the directional or panel antennas are attached to existing omnidirectional
or whip antennas that are attached to the support structure.
[Amended 8-24-2009 by Ord. No. 2009-32]
(d)
Personal wireless services facilities. Personal wireless services
facilities located in a separate structure shall be limited by the
applicable height limitations for accessory structures in this code.
Personal wireless services facilities located in, or mounted on, an
antenna support structure shall not exceed the height of such support
structure.
(3)
Location. Personal wireless services antennas shall be mounted
on existing antenna support structures or other lawfully existing
buildings, unless otherwise provided in this chapter. No more than
one antenna support structure shall be permitted on any one zoning
lot; provided, however, that not more than two monopole support structures
may be permitted as a special use on any zoning lot:
[Amended 2-13-2001 by Ord. No. 2001-01; 5-22-2017 by Ord. No. 2017-12]
(4)
Co-location. Unless otherwise authorized by the Village for
good cause shown, every newly constructed personal wireless services
antenna support structure shall be designed, constructed and installed
to be of a sufficient size and capacity to allow the commercially
feasible location of antennas for additional personal wireless service
providers on such structure in the future.
(5)
Design of antennas support structure. Every newly constructed
personal wireless services antenna support structure, other than an
existing structure that is designed primarily for a purpose other
than supporting a personal wireless services antenna, shall:
(a)
Be constructed at the minimum height required to adequately
serve the antennas placed thereon;
(b)
Be of monopole rather than tower design, unless otherwise authorized
by the Village for good cause shown;
(c)
Not be illuminated or have any signs installed thereon (other
than private warning signs) unless otherwise required by federal law
or regulations or authorized by the Village Board;
(d)
Be separated from any building on an adjoining lot by a distance
that is not less than 110% of the height of the antenna support structure
and be designed to withstand a wind force of 120 miles per hour without
the use of supporting guy wires. For the purposes of this requirement,
this distance shall be measured horizontally from the center of the
base of the antenna support structure to the point where the ground
meets a vertical wall of such building; and
(e)
Be adequately screened from view by the natural tree landscaping
or otherwise designed in such a manner that the antenna support structure
itself is minimally intrusive to the visual landscape.
(6)
Color. Every personal wireless services antenna and antenna
support structure shall be of 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 mounted on the exterior of a building serving as an
antenna support structure shall be of colors that match, and cause
the antenna to blend with, the exterior of the building.
(7)
Landscaping and buffering. In order to minimize the visibility
of personal wireless services antennas, support structures, and personal
wireless services facilities, a natural screen or fence shall be erected,
if not already provided, so as to provide the maximum achievable screening
as determined by the Village. Appropriate landscaping shall be located
and maintained between any personal wireless services antenna, support
structure, and personal wireless services facilities (other than a
roof-mounted personal wireless services antenna) and each lot line
of the property on which it is located so as to provide the maximum
reasonably achievable screening, as determined by the Village, of
such personal wireless services antennas, support structure, and personal
wireless services facilities from view from adjoining properties and
public or private streets. Notwithstanding the foregoing, no such
screening is required to extend more than 10 feet in height. Alternatively,
for a roof-mounted personal wireless services antenna and antenna
support structure, the maximum reasonably achievable screening shall
be provided between such personal wireless services antenna and antenna
support structure and the view from adjoining properties and public
or private streets.
(8)
Protection against climbing. Every personal wireless services
antenna and antenna support structure shall be protected against unauthorized
climbing or other access by the public with fencing or by other means
approved by the Building Commissioner.
(9)
Equipment enclosures. All personal wireless services facilities
shall, whenever possible, be located within a lawfully preexisting
structure or completely below grade. Where the Village Building Commissioner
determines that the location of personal wireless facilities within
an existing structure or below grade cannot be achieved in a reasonably
cost-effective manner, a new structure having not more than 150 square
feet in gross floor area may be constructed to house such equipment.
Such structure shall be harmonious with, and blend with, the natural
features, buildings, and structures surrounding such structure.
(10)
Architectural review. Any location of a personal wireless services antenna, support structure, or personal wireless services facility, as a permitted use or pursuant to a special use permit, shall be subject to architectural review, as provided by § 260-1166 of this code, to confirm that such antenna, support structure, or personal wireless services facility meets or exceeds the standards and requirements set forth in this section, any other applicable ordinance, and otherwise complies with the procedures and standards set out in § 260-1166. Notwithstanding § 260-1166E(1)(d), the application for approval of such antenna, support structure, or personal wireless services facility must be approved by the Architectural Review Commission prior to issuance of any building permit therefor, and the failure of the Architectural Review Commission to act on the application will be deemed a disapproval of the application.
(11)
Licenses and permits. The operator of every personal wireless
services antenna shall submit to the Village copies of all licenses
and permits required by other agencies and governments with jurisdiction
over the design, construction, location, and operation of such antenna
and shall maintain such licenses and permits and provide evidence
of renewal or extension thereof when granted. In addition, no personal
wireless services antenna may be installed, nor may any antenna support
structure or personal wireless services facility be constructed or
altered, without a building permit issued therefor by the Village.
(12)
Abandonment and removal. When any antenna, antenna support structure,
or personal wireless services facilities are not operated for the
provision of personal wireless services for a continuous period of
12 months or more, such antenna, antenna support structure, or personal
wireless services facilities may be deemed to be abandoned by the
Village. The owner of such antenna, antenna support structure, or
personal wireless services facilities shall remove such items within
90 days following the mailing of written notice that removal is required.
Such notice shall be sent by certified or registered mail, return
receipt requested, by the Village to such owner at the last known
address of such owner. If two or more providers of personal wireless
services use an antenna support structure or personal wireless services
facility to provide personal wireless services, then the period of
nonuse under this provision for any support structure or personal
wireless services facilities shall be measured from the cessation
of operation by all such providers of the support structure or personal
wireless services facilities.
[Added 9-27-2010 by Ord. No. 2010-33]
A.
Purpose. The purpose of this § 260-911 is to:
(1)
Establish reasonable and uniform regulations for the location,
installation, operation, maintenance, and decommissioning of building-mounted
wind energy systems (BWES) and small wind energy systems (SWES);
(2)
Assure that any development and production of wind-generated
electricity in the Village is safe and to minimize any potentially
adverse effects on adjoining properties and the broader community;
(3)
Facilitate the development and production of wind-generated
electricity in the Village in a manner consistent with the predominately
low-density, countryside character of the Village;
(4)
Promote the supply of sustainable and renewable energy resources,
in support of national, state, and local goals; and
(5)
Facilitate energy cost savings and economic opportunities for
Village residents and businesses.
B.
ABANDONED WES
AMBIENT SOUND
BLADE
BLADE TIP
DAYTIME HOURS
DECIBEL (DB)
FAA
FCC
HEIGHT
HIGH-QUALITY AQUATIC RESOURCE
HORIZONTAL AXIS WIND TURBINE (HAWT)
LOW-FREQUENCY SOUND
NACELLE
NAMEPLATE WATTAGE
NIGHTTIME HOURS
NONPARTICIPATING PROPERTY
OPERABLE CONDITION
SHADOW FLICKER
SHADOW FLICKER INTENSITY
SILHOUETTE
SOUND LEVEL
STRUCTURAL ENGINEER
SUN GLINT
TOWER
TURBINE
VERTICAL AXIS WIND TURBINE (VAWT)
Definitions. Notwithstanding § 260-1226 of this code, when used in this § 260-911, the following terms shall have the meanings herein ascribed to them:
A WES that has not been repaired to operating condition within the applicable time frame set forth in Paragraph C(12) of this section, or for which the owner has not made all submissions required pursuant to Subsection F of this section.
The all-encompassing sound at a given location, usually a
composite of sounds from many sources near and far. For the purpose
of this code, the "ambient sound level" shall mean the quietest of
ten-second average sound levels measured when there are no nearby
or distinctly audible sound sources (e.g., dogs or jets). Daytime
ambient measurements should be made during mid-morning weekday hours,
while nighttime measurements should be made after 12:00 midnight.
The portion of a WES that is designed to capture the wind,
causing the shaft to turn.
The farthest extremes of a blade.
The hours of the day from 7:00 a.m. to 10:00 p.m.
The unit of sound level based on a reference where 0 dB represents
the threshold of hearing at 1,000 Hz for a healthy young adult.
The Federal Aviation Administration of the United States
Department of Transportation.
The Federal Communications Commission.
When used in reference to a WES, "height" shall mean the vertical distance measured from grade to the highest point of the WES. When used in reference to any other structure, "height" shall have the meaning set forth in § 260-1226 of this code.
Waters of the United States or isolated waters of Lake County
that are determined to be critical due to their uniqueness, scarcity,
function and/or value, in accordance with the Lake County Watershed
Development Ordinance.
A turbine for which the main rotor shaft is arranged horizontally,
and typically for which the main rotor shaft and generator are located
at the top of the tower on which the WES is mounted and pointed into
the wind in order to generate electricity.
Sound with frequencies below 100 Hz, including audible sound
and sound at a frequency below that of human hearing (i.e., infrasound).
That part of a turbine containing the shaft, gear box, and
generator.
The amount of energy produced from a WES at maximum or optimum
wind speeds within one hour, as indicated by the manufacturer.
The time between 10:00 p.m. on one calendar day and 7:00
a.m. on the next calendar day.
A property that is not owned by the owner of the property
on which the WES is proposed or installed.
For any WES, the condition of being capable of operating
at full capacity while meeting all sound, shadow flicker and other
applicable conditions set forth in this code.
The on-and-off strobe light effect caused by the shadow of
moving blades cast by the sun upon a turbine's blades.
The difference or variation in brightness at a given location
in the presence and absence of a shadow.
The area covered by moving blades of a WES turbine, as viewed
from the front elevation, described in square feet.
The A-weighted sound level in decibels (dB) (or the C-weighted
level, if specified).
An engineer who is licensed and registered to practice structural
engineering in the State of Illinois under the Illinois Structural
Engineering Practice Act (225 ILCS 340/1 et seq.) and whose principal
professional practice is in the field of structural engineering.
The reflection of sunlight off of a surface of the turbine,
tower, or other component of a WES.
The structure on which a turbine is mounted, which structure
is a component of a WES.
The blades, nacelle, and tail of a WES.
A turbine of which the main rotor shaft is arranged vertically
and that does not need to be pointed into the wind in order to generate
electricity.
C.
General regulations. Except as specifically provided otherwise in Subsections D and E of this § 260-911, all WES shall comply with the general regulations set forth in this Subsection C.
(1)
(2)
Compliance with permits. All WES shall comply with all applicable WES permits issued pursuant to this § 260-911, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.
(3)
Horizontal axis wind turbines prohibited. No WES may include
a horizontal axis wind turbine at any location for any use within
the Village.
(4)
Interference with utilities, roads, and neighboring properties.
No WES shall be operated in a manner so as to interfere with any public
right-of-way or any utility system in the Village, or so as to interfere
with the reasonable use and enjoyment of any other property in the
Village.
(5)
General engineering regulations.
(a)
All WES facilities shall be designed to withstand a minimum
wind velocity of 120 miles per hour.
(b)
Each WES shall conform to all applicable industry standards,
including, without limitation, the standards developed by the American
National Standards Institute (ANSI).
(c)
All WES facilities shall be equipped with automatic and manual
braking systems.
(7)
General sound level regulations.
(a)
The average sound level produced by a WES shall not exceed the
following maximums in the following locations:
[1]
On any nonparticipating property located within a residential
district or the College District, or used for residential purposes
or for a school: 50 dB(A) during daytime hours, and 40 dB(A) during
nighttime hours;
[2]
On any nonparticipating property used for industrial purposes:
65 db(A) at any time; and
[3]
On any other nonparticipating property: 60 db(A) at any time.
(b)
No WES shall operate with an average sound level more than 10
dB(A) above the nonoperational ambient sound level, as measured on
any nonparticipating property used for residential purposes or for
a school that is within 500 feet of the WES, or, if none, on any other
nonparticipating property.
(c)
To limit the level of low-frequency sound, the average C-weighted
sound level during WES operation shall not exceed the A-weighted ambient
sound level by more than 20 dB.
(d)
Sound level meters used for sound measurement must meet the
requirements of a Type 2 or better precision instrument according
to ANSI S1.4 (American National Standards Institute Specification
for Sound Level Meters), and must measure the average sound level
using an integrating sound level meter that meets the requirements
of ANSI S1.43 (American National Standards Institute Specifications
for Integrating Averaging Sound Level Meters). Average sound level
shall be calculated by time-averaging sound levels for a period of
not less than one minute nor more than two minutes. Measurements shall
not be made when ground-level winds exceed 10 miles per hour.
(8)
General shadow flicker regulations.
(a)
Residential or College District. No shadow flicker caused by
any WES shall fall on any nonparticipating property that is either
located in a residential district or in the College District, or that
is used for residential purposes or for a school:
(b)
Other districts.
[1]
No shadow flicker caused by any WES shall fall on any nonparticipating
property that is not located in a residential district or in the College
District, and that is not used for residential purposes or for a school:
[2]
In the event that an existing WES causes shadow flicker on a
particular window of a nonparticipating property, no other WES may
be constructed or operated in a manner that would cause shadow flicker
on that window in excess of the limitations set forth in this Subparagraph
C(8)(b), except upon issuance of a special use permit therefor by
the Village Board of Trustees.
(9)
Cessation of operation in emergency. The owner of the WES shall
be required to immediately cease operation of the WES for the duration
of any emergency, as determined by the Village. For purposes of this
Paragraph C(9), an "emergency" shall mean a condition or situation
caused by the WES or a natural or man-made disaster that presents
an imminent physical threat of danger to life or significant threat
to property.
(10)
Electronic interference. WES facilities shall not be operated
so as to cause electromagnetic degradation in performance of microwave,
television, radio, internet or other wireless transmissions, including
public emergency communications systems, in a manner contrary to FCC
regulations or other federal, state or local laws. For purposes of
this Paragraph C(10), "degradation in performance" shall be determined
in accordance with the latest principles and standards of the American
Institute of Electrical Engineers, the Institute of Radio Engineers,
and the Electrical Industries Association.
(11)
Maintenance.
(a)
WES facilities shall be maintained in operable condition at
all times, except for reasonable maintenance and repair outages.
(b)
Should a WES become inoperable, or should any part of the WES
become damaged, or should a WES violate a permit condition, the owner
of the WES shall cease operations immediately and remedy the condition
within 90 days after receipt of a notice from the Village regarding
the condition; provided, however, that if the condition presents an
immediate threat to the public health, safety, or welfare, the owner
of the WES shall remedy the condition promptly.
(12)
Decommissioning.
(a)
A WES that is not in operable condition for a period exceeding
30 consecutive days shall be deemed abandoned. The owner of an abandoned
WES and the owner of the property on which the WES is located shall
cause the removal of all WES structures and facilities within 30 days
after receipt of a notice of abandonment from the Village.
(b)
Any abandoned WES that is not removed within 30 days after receipt
of a notice of abandonment shall be deemed a public nuisance, which
nuisance the Village shall have the right, but not the obligation,
to summarily abate by removing such WES at the joint and several expense
of the owners of the WES and of the property on which the WES is located.
In the case of such removal, the Village shall have the right, but
not the obligation, to file a lien for reimbursement of any and all
expenses incurred by the Village in connection with the removal, including,
without limitation, attorney fees and accrued interest.
(c)
Upon removal of the WES, the subject property shall be restored
to its original pre-WES-construction condition.
D.
Building-mounted wind energy systems (BWES).
(1)
Permitted locations. Building-mounted wind energy systems are
allowed as a permitted use in any zoning district, but only upon issuance
of a BWES permit in accordance with the following:
(a)
The owner of the property on which the BWES is proposed to be installed shall submit an application for a BWES permit pursuant to § 260-1131E(17) of this code.
(b)
Upon receipt of a complete application pursuant to § 260-1131E(17) of this code, and upon approval of the proposed BWES by the Architectural Review Commission pursuant to § 260-1166 of this code, and upon a determination by the Building Commissioner that the application and the proposed BWES comply with the requirements set forth in this Subsection D, the Village shall:
[1]
Issue the BWES permit; and
[2]
Record the maintenance covenant submitted pursuant to § 260-1131E(17)(a)[5] of this code with the Recorder of Deeds of Lake County, Illinois.
(2)
Installation. BWES devices may be structurally attached either
on the roof or on the side of a building, if in accordance with the
Village Building Code.[2] There shall be no maximum number of BWES devices that
may be installed on any property, provided that each such device complies
with all applicable provisions of this code.
(3)
Height. No portion of any BWES facility shall extend more than
15 feet above the highest point of the building on which it is mounted,
nor more than 35 feet above grade if located in any residential district.
(4)
Diameter. Unless authorized pursuant to a special use permit,
the maximum diameter of a BWES shall be as follows:
(a)
For a BWES that is mounted on a residential building, or on
a property abutting a nonparticipating property that is located within
a residential district or used for residential purposes, the diameter
of the BWES shall not exceed the lesser of 10 feet or 20% of the width
of the front elevation of the building on which the BWES is mounted.
(b)
For all other BWES, the diameter shall not exceed the lesser
of 10 feet or 50% of the width of the front elevation of the building
on which the BWES is mounted.
(5)
Color and sun glint. BWES facilities shall be finished in a
neutral color. The finish shall be flat or matte, so as to reduce
incidence of sun glint. The required coloration and finish shall be
maintained throughout the life of the BWES.
(6)
Signage. No BWES shall have any advertising material, writing,
picture, or signage, other than warning information or manufacturer
identification.
E.
Small wind energy systems (SWES).
(1)
Permitted locations. One SWES is allowed as a permitted use
on any property, but only upon issuance of an SWES permit in accordance
with the following:
(a)
The owner of the property on which the SWES is proposed to be installed shall submit an application for an SWES permit pursuant to § 260-1131E(17) of this code.
(b)
Upon receipt of a complete application pursuant to § 260-1131E(17) of this code, and upon approval of the proposed BWES by the Architectural Review Commission pursuant to § 260-1166 of this code, and upon a determination by the Building Commissioner that the application and the proposed SWES comply with the requirements set forth in this Subsection E, the Village shall:
[1]
Issue the SWES permit; and
[2]
Record the maintenance covenant submitted pursuant to § 260-1131E(17)(a)[5] of this code with the Recorder of Deeds of Lake County, Illinois.
(c)
Any additional SWES shall be allowed on a property only upon
issuance of a special use permit therefor.
(2)
Use and energy production restrictions. The primary purpose
of the SWES shall be the production of energy for local distribution
and consumption on the property on which the SWES is located. SWES
shall not be constructed for the sole purpose of energy production
for wholesale or retail sale purposes; provided, however, that excess
energy produced by an SWES may be sold to a local electric utility
company.
(3)
Bulk restrictions.
(a)
Setbacks. All portions of all SWES (including, without limitation,
the blades of any turbines) shall comply with the generally applicable
setback restrictions for the zoning district in which the SWES is
located and with the following setback restrictions, to be measured
from the base of the SWES tower:
[1]
SWES facilities may not be constructed within or over any utility,
water, sewer, or other type of recorded easement.
[2]
SWES facilities may not be constructed within 50 feet of any
body of water or wetlands, nor within 100 feet of any high-quality
aquatic resources.
[3]
SWES facilities shall be set back from all property lines, third-party
transmission lines, and communication towers a minimum distance equal
to 110% of the height of the SWES.
[4]
Guy wires and anchoring systems shall not be located closer
than 30 feet to any property line or public right-of-way.
(b)
Height.
[1]
Residential districts. Except as authorized pursuant to a special
use permit, no portion of any SWES located in a residential district
shall exceed the following:
|
Residential District
|
Maximum Height
(feet)
| |
|---|---|---|
|
A
|
40
| |
|
B
|
35
|
[2]
All other districts. No portion of any SWES constructed in any
zoning district other than a residential district shall exceed 175
feet in height; provided, however, that no portion of any SWES shall
exceed 100 feet in height if located within 500 feet of a nonparticipating
property located within a residential district or used for residential
purposes.
[3]
Blade tip height. The blade tip, at its lowest point, shall
not be located at a height lower than 15 feet above the ground.
(4)
Diameter. Unless authorized pursuant to a special use permit,
the diameter of a SWES shall not exceed 10 feet.
(5)
Color and sun glint. Except as approved in advance by the Building
Commissioner, all SWES facilities shall be finished in either off-white,
light gray, or another neutral color. The finish shall be flat or
matte so as to reduce incidence of sun glint. The required coloration
and finish shall be maintained throughout the life of the SWES.
(6)
Signage.
(a)
No SWES shall have any advertising material, writing, picture,
or signage other than warning signage, turbine tower identification,
or manufacturer or ownership information.
(b)
Except for meteorological and weather devices, or bird flight
diverters on guy wires, no flag, decorative sign, streamers, pennants,
ribbons, spinners or waving, fluttering or revolving devices shall
be attached to any portion of the SWES.
(c)
One or more warning signs, no less than 18 square inches and
no greater than two square feet in area, shall be posted at the base
of an SWES tower. The sign shall include a notice of no trespassing,
a warning of high voltage, and the emergency telephone number of the
owner of the SWES.
(d)
The sign area of any sign displaying the manufacturer's identification
or ownership information shall be no larger than one square foot.
(7)
Climb prevention. The base of the tower shall not be climbable
for a vertical distance of 15 feet from the base, unless the tower
is enclosed with a locked fence that is at least eight feet in height.
(8)
Lighting.
(a)
SWES facilities shall comply with all applicable FAA lighting
regulations and any other federal, state or Village lighting regulations.
(b)
SWES facilities shall not be artificially lighted except as
expressly required by the FAA or as necessary for the safety of personnel
performing maintenance of, or repairs to, the facilities. Any such
artificial lighting shall be shielded so that no glare extends substantially
beyond the property lines of the property on which the SWES is located.
(c)
Any security or emergency lighting shall be used only to the
minimum extent necessary.
(d)
In order to reduce the impact on local wildlife, only red, dual
red-and-white strobe, strobe-like, or flashing lights shall be used
for SWES facilities.
(9)
Environmental impact.
(a)
SWES facilities, and the property on which such facilities are located, shall be maintained in accordance with the environmental plan submitted pursuant to § 260-1131E(17)(c)[4][b] of this code.
(b)
In order to reduce potential bird perching and nesting, all
towers used for SWES facilities shall be designed as enclosed tubular
structures with pointed tops, unless otherwise approved by the Village.
F.
Reporting to Village. Not less than once every 12 months, the owner
of each WES shall submit to the Village:
(1)
A
sworn statement that the operation and maintenance of the WES has
been performed in compliance with all applicable directions issued
by the manufacturer thereof, along with supporting evidence as may
be requested by the Village; and
(2)
Electric
bills for the property on which the WES is located for the preceding
12 months, to indicate the level of WES energy production and usage.
G.
Indemnification. The owner of each WES, and the owner of the property
on which the WES is located, shall jointly and severally defend, indemnify
and hold harmless the Village and its officials from and against any
and all claims, demands, losses, suits, causes of action, damages,
injuries, costs, expenses and liabilities whatsoever, including attorney's
fees, arising out of any permit, approval, inspection, or other act
or omission of the Village, or any acts or omissions of the owners
concerning the operation of the WES project without limitation, whether
said liability is premised on contract or on tort.
[Added 4-25-2011 by Ord. No. 2011-16]
A.
Purpose. The purpose of this § 260-912 is to:
(1)
Establish reasonable and uniform regulations for the location,
installation, operation and maintenance of solar and geothermal energy
systems;
(2)
Assure that any development and production of solar and geothermal
energy systems is safe and minimizes any potentially adverse effects
on the community;
(3)
Promote the supply of sustainable and renewable energy resources,
in support of national, state and local goals; and
(4)
Facilitate energy cost savings and economic opportunities for
residents and businesses situated within the Village.
B.
Solar energy system regulations. All solar energy systems shall comply with the regulations set forth in this Subsection B.
(1)
(2)
Compliance with permits. All solar energy systems shall comply with all applicable solar energy systems permits issued pursuant to this § 260-912, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.
(3)
Use and energy production restrictions. The sole purpose of
the solar energy system shall be the production of energy for local
distribution and consumption on the property on which the solar energy
system is located; provided, however, that excess energy produced
by a solar energy system may be sold to a local electric utility company.
(4)
Interference with utilities, roads, and neighboring properties.
No solar energy system shall be operated in a manner so as to interfere
with any public right-of-way or any utility system in the Village,
or so as to interfere with the reasonable use and enjoyment of any
other property in the Village.
(5)
Engineering requirements. Solar energy systems shall conform
to all applicable industry standards, including, without limitation,
the standards developed by the American National Standards Institute,
as determined by the Building Commissioner.
(6)
Building-mounted solar energy systems.
(a)
Solar energy system permit required. Building-mounted solar
energy systems are allowed as a permitted use in any zoning district,
but only upon issuance of a solar energy system permit in accordance
with the following:
[1]
The owner of the property on which the solar energy system is proposed to be installed shall submit an application for a solar energy system permit pursuant to § 260-1131E(18) of this code.
[2]
Upon receipt of a complete application pursuant to § 260-1131E(18) of this code, and upon a determination by the Building Commissioner that the application and the proposed building-mounted solar energy system comply with the requirements set forth in this Subsection B, the Village shall issue the solar energy system permit.
(b)
Location.
[1]
Solar energy systems may be mounted on the roof of a permitted
principal or accessory structure. Solar energy systems shall not be
mounted upon any other portion of any principal or accessory structure.
[2]
Solar energy systems must either be:
[a]
An integral part of the structure, rather than a separate mechanical
device, replacing or substituting for an architectural or structural
part of the building, such as a photovoltaic or hot water system that
is contained within roofing materials, windows, skylights, shading
devices and similar architectural components; or
[b]
Mounted flush with, and parallel to, a finished surface, at
no more than six inches in height above that surface; or
[c]
For systems in the O-Office District only, mounted on a flat roof of a principal building and fully screened by a zoning-compliant parapet wall or other screening structure constructed of materials compatible with the principal building façade; provided that such parapet wall or other screening structure shall be at least to the height of the solar energy system (except as otherwise authorized pursuant to § 260-912B(6)(e)[1][c]; provided further that alternative screening specifications for such systems must be expressly approved by special use permit.
[Added 10-12-2021 by Ord. No. 2021-13]
(c)
Horizontal projection. Solar energy systems shall not extend
beyond the exterior perimeter of the structure on which the system
is mounted.
(d)
Setbacks. All portions of building-mounted solar energy systems
shall comply with the generally applicable setback restrictions for
the zoning district in which the solar energy system is located.
(e)
Height.
[1]
The height of any building-mounted solar energy system shall not
exceed the lesser of the generally applicable height restrictions
for the zoning district in which the solar energy system is located,
or:
[Amended 10-12-2021 by Ord. No. 2021-13]
[a]
For peaked roofs, the height of the peak of that portion of
the roof of the structure on which the system is mounted;
[b]
For flat roofs, except as otherwise provided in Subparagraph
B(6)(e)[1][c], six inches above the finished surface of the roof on
which the system is mounted; and
[c]
For flat roofs in the O-Office District that are screened by
a zoning-compliant parapet wall or other approved screening structure,
the height of the top of the parapet wall or screening structure for
the portion of the roof on which the system is mounted, unless otherwise
expressly authorized by a special use permit.
[2]
For purposes of this Subparagraph B(6)(e), "height" shall be measured
vertically from the lowest edge of the panel to the highest edge of
the solar energy system.
(f)
Maximum roof coverage. No solar energy system shall occupy more
than 80% of the cumulative area of the face of the structure on which
the system is mounted, unless the system is incorporated into, and
is an integral part of, the structural elements of the face on which
it is mounted.
(7)
Ground-mounted solar energy systems.
(a)
Special use permit required.
[1]
Except as provided in Subparagraph B(7)(a)[2] of this subsection, ground-mounted solar energy systems are allowed only upon issuance of a special use permit therefor. In addition to the application required pursuant to § 260-1131 of this code for special use permits, the owner of the property on which the ground-mounted solar energy system is proposed to be installed shall submit an application for a solar energy system permit pursuant to § 260-1131E(18) of this code.
[2]
No special use permit shall be required for the installation
of a portable solar energy systems for a swimming pool pursuant to
Paragraph B(8) of this section.
(b)
Location.
[1]
No ground-mounted solar energy system constructed in a residential
district shall be located within any public or private right-of-way
for street purposes.
[2]
No ground-mounted solar energy system may be constructed in
a location that obstructs or impairs the intended use of any off-street
parking or loading space required pursuant to this code.
[Amended 10-12-2021 by Ord. No. 2021-13]
(c)
Quantity and size of solar panels. The quantity and size of
solar panels installed as part of a ground-mounted solar energy system
shall not exceed the specifications set forth in the special use permit
issued therefor.
(d)
Installation angle. All solar panels of a ground-mounted solar
energy system shall be installed at the angle specified in the special
use permit issued therefor.
(e)
Setbacks. In all zoning districts, all portions of ground-mounted
solar energy systems shall comply with the generally applicable setback
restrictions for the zoning district in which the solar energy system
is located, as measured from the property line to the closest edge
of the system. Solar energy systems (and parts thereof) shall not
be deemed a permitted obstruction in any required yard.
(f)
Height. The height of a ground-mounted solar energy system shall
not exceed the specifications set forth in the special use permit
issued therefor.
(g)
Lot coverage. The total solar panel surface area of each ground-mounted
solar energy system shall be included in the lot coverage calculations
for the property on which the system is located.
[Amended 5-22-2017 by Ord. No. 2017-12]
(h)
Screening and bufferyards. Ground-mounted solar energy systems
shall be screened in accordance with the specifications set forth
in the special use permit issued therefor.
(i)
Rotation. Ground-mounted solar energy system panels may not
rotate except as may be approved pursuant to the special use permit
issued therefor.
(8)
Portable solar energy systems for swimming pools. Portable solar
energy systems may only be constructed and used within the Village
in accordance with the following additional provisions:
(a)
No portable solar energy system may be constructed or used prior
to April 1 or after October 31 of any calendar year.
(b)
No portable solar energy system may be used for any purpose
other than the provision of heat for an outdoor swimming pool located
within a residential district.
(c)
Portable solar energy systems shall be constructed and used
in accordance with the applicable provisions of Paragraph B(7) of
this section governing ground-mounted solar energy systems.
(9)
Decommissioning.
(a)
A solar energy system that is not capable of operating at full
capacity for a period exceeding 30 consecutive days shall be deemed
abandoned. The owner of an abandoned solar energy system and the owner
of the property on which the solar energy system is located shall
cause the removal of all solar energy system structures and facilities
within 30 days after receipt of a notice of abandonment from the Village.
(b)
Any abandoned solar energy system that is not removed within
30 days after receipt of a notice of abandonment shall be deemed a
public nuisance, which nuisance the Village shall have the right,
but not the obligation, to summarily abate by removing such system
at the joint and several expense of the owners of the system and of
the property on which the system is located. In the case of such removal,
the Village shall have the right, but not the obligation, to file
a lien for reimbursement of any and all expenses incurred by the Village
in connection with the removal, including, without limitation, attorney
fees and accrued interest.
(c)
Upon removal of the solar energy system, the owner of record
of the subject property shall restore that portion of the subject
property on which the system was installed in accordance with the
standards required by the Village's then-current applicable codes.
C.
Geothermal energy system regulations. All geothermal energy systems shall comply with the regulations set forth in this Subsection C.
(1)
Compliance with laws. All geothermal energy systems shall comply with all applicable Village, county (including, without limitation, applicable regulations of the Lake County Health Department), state, and federal laws and regulations, including, without limitation, the provisions of this § 260-912, this code, and all Village building ordinances and regulations.[2]
(2)
Compliance with permits. All geothermal energy systems shall comply with all applicable geothermal energy systems permits issued pursuant to this § 260-912, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.
(3)
Permitted locations. Geothermal energy systems are allowed as
a permitted use in any zoning district, but only upon issuance of
a geothermal energy system permit in accordance with the following:
(a)
The owner of the property on which the geothermal energy system is proposed to be installed shall submit an application for a geothermal energy system permit pursuant to § 260-1131E(19) of this code.
(b)
Upon receipt of a complete application pursuant to § 260-1131E(19) of this code, and upon a determination by the Building Commissioner that the application and the proposed geothermal energy system comply with the requirements set forth in this Subsection C, the Village shall issue the geothermal energy system permit.
(4)
Engineering requirements. Geothermal energy systems shall conform
to all applicable industry standards, including, without limitation,
the standards developed by the American National Standards Institute,
as determined by the Building Commissioner.
(5)
Setbacks. All components of a geothermal energy system that
are located above ground shall comply with the generally applicable
setback restrictions for the zoning district in which the system is
located.
(6)
Installation in rights-of-way prohibited. No portion of a geothermal
energy system shall be installed in any right-of-way or in any easement
dedicated for roadway purposes.
D.
Indemnification. The owner of each solar or geothermal energy system,
and the owner of the property on which the solar or geothermal energy
system is located, shall jointly and severally defend, indemnify and
hold harmless the Village and its officials from and against any and
all claims, demands, losses, suits, causes of action, damages, injuries,
costs, expenses and liabilities whatsoever, including attorney's fees,
arising out of any permit, approval, inspection, or other act or omission
of the Village, or any acts or omissions of the owners concerning
the operation of the solar or geothermal energy system, including,
without limitation, whether said liability is premised on contract
or on tort.
