Village of Homer Glen, IL Article V Agricultural Districts and Open Space Districts [1]

[1] Editor's Note: The title of this article was amended 10-28-2020 by Ord. No. 20-053.

§ 220-501 Purpose and general conditions.

A. The agricultural districts are provided to support and complement the Village's Comprehensive Plan. Agricultural district requirements are further established to govern location, intensity and development of agricultural areas in the Village. The long-range goal for agricultural land use in the Village is to preserve and protect the most fertile land for agricultural pursuits and to prevent premature development of nonagricultural activities. The A-1 Agricultural District is designed to encourage farming practices and related agricultural uses on those lands which are uniquely situated for farming uses due to type of soils, location and/or topography.

B. The Open Space District supports and complements the Village's Comprehensive Plan. Open Space District requirements are intended for the designation and protection of parks and public recreational facilities, both outdoor and indoor, and include both active and passive recreation areas, and certain ancillary uses, such as field houses, cultural facilities, and performance areas. Further established to govern location, intensity and development of agricultural areas in the Village. The long-range goal for open space land uses in the Village is to preserve and protect the most environmentally sensitive land, ensure permanent access to outdoor recreation and natural areas for residents in all neighborhoods and to enhance the value of nearby properties.

[Added 10-28-2020 by Ord. No. 20-053]

§ 220-502 A-1 Agricultural District.

The following apply to the A-1 Agricultural District:

A. Permitted uses. No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied, or used except as otherwise provided in this chapter, for other than one of the following specified uses:

(1) Agricultural uses.

(a) The growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nursery, tree farm, sod farm, pasturage, viticulture, and a wholesale greenhouse when such agricultural purposes constitute the principal activity on the land, together with the operation of any machinery or vehicles incidental to the above uses.

(b) Research and/or experimental farm.

(c) Sale of agricultural products produced on premises.

(d) Boarding stable.

(e) Kennel and veterinary establishment, provided such use shall not be conducted nearer than 500 feet to any residential zoning district or 500 feet to any existing dwelling other than the dwelling of the owner or lessee of the property on which the use is located.

(2) Residential uses.

(a) A single-family detached dwelling on a parcel which was legally created on a lot of 10 acres or more in size.

(b) A day-care home with no more than six children or adults, not including nonresident support staff.

(c) A group care home with no more than six residents, not including nonresident support staff.

(3) Park, open space and forest preserve.

B. Special uses permitted. The following uses may be permitted only if specifically authorized by the Village Board in accordance with § 220-1209:

(1) Airport/Heliport.

(2) Quartering and raising exotic animals, provided such use shall be on a parcel of not less than 40 acres in size.

(3) Commercial stable, provided that no structure used in connection with the commercial stable shall be located nearer than 350 feet to any zoned residential district, 350 feet to an existing dwelling other than the dwelling of the owner or lessee of the site, and not less than 100 feet from any property line of the owner or lessee of the site.

(4) Landscaping/Lawn maintenance operation.

(5) Extraction of minerals, sand, gravel, topsoil, or other aggregates without blasting, including equipment, buildings, or structures for screening, crushing, mixing, washing, or storage.

(6) Floodplain development.

(7) Bed-and-breakfast establishment.

(8) Separate living quarters for domestic servants employed on the premises and not rented or otherwise used as a separate living quarters.

(9) Accessory housing.

(10) Single-family home, on a lot of less than 10 acres of land area but at least one acre in size.

[Amended 10-28-2020 by Ord. No. 20-053]

(11) Recreational and social facilities, including:

(a) Community center buildings, community theaters (amateur), day camps (boarding or non-boarding), clubhouses, recreation buildings, swim clubs, indoor pools, tennis, racquetball and handball facilities on not less than two acres of land area.

(b) Golf courses (par 3) on not less than 30 acres of land area, golf courses lighted for night operation, golf learning centers, driving ranges and miniature golf courses, provided:

[1] All buildings or structures shall be located not less than 150 feet from any residential property line.

[2] Lighting for night operation of recreational uses shall be directed away from surrounding properties.

(c) Private clubs, lodges and fraternal organizations.

(d) Public and private libraries, museums, and art galleries.

(e) Public and private parks, playgrounds, picnic groves, play fields and other open spaces.

(12) Religious institutions: chapels, churches, synagogues, temples and other religious institutions, including parsonages and rectories.

(13) Residential care other than those listed as permitted uses:

(a) Day-care centers (adult/children).

(b) Day-care homes (adult/children).

(c) Group care homes.

(14) Group homes.

(15) Group quarters.

(16) Public, quasi-public, governmental buildings and facilities, including but not limited to a(n):

(a) Public park, public playground, public golf course and public community center building.

(b) School.

(c) Public library.

(d) Essential service, police and fire station, cable television antenna, excluding wireless telecommunications facility, and a public utility, gas regulator station, telephone exchange, electrical substation.

(17) Cemeteries, provided all buildings shall be located not less than 50 feet from any line.

(18) Detached accessory buildings or structures having a gross floor area larger than the maximum accessory building floor area permitted in the A-1 Agricultural District.

(19) Greenhouses and nurseries (on lots containing less than five acres of land area), including wholesale sales of plant materials and crops, all of which are grown on the zoning lot.

(20) Noncommercial radio and television towers and antennas which exceed the maximum height permitted in the A-1 Agricultural District.

(21) Planned development.

(22) The sale of alcoholic beverages in association with a planned development.

[Added 8-26-2014 by Ord. No. 14-048]

C. Temporary permit uses permitted. Upon application to and issuance by the Zoning Officer of a permit therefor, the following uses may be operated as temporary uses:

(1) Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building, trailer, or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods.

(2) Any legally existing residential structure, trailer, or mobile home may be used for residential purposes only during the construction of a residence and must be removed within 30 days of obtaining a certificate of occupancy or completion of construction, whichever occurs first. In no case shall the temporary residential structure, trailer, or mobile home be permitted to remain on the premises for more than one year, provided that the Zoning Officer shall have the right to grant an extension for one additional year.

(3) Seasonal sales.

D. Accessory uses permitted. Accessory uses may be permitted as provided in § 220-810, provided they are operated and maintained under the same ownership, on the same lot, and do not include structures or structural features inconsistent with the permitted use or special use. In addition, the following accessory uses may be permitted:

(1) Home occupation.

(2) Swimming pool, exclusively for the use of the residents and their guests, and set back from every property line at least 10 feet, exclusive of any and all easements, and not located in the front yard.

(3) A roadside stand for the sale of produce and poultry grown and raised on or in the immediate area of the premises, but not including live animals, and provided that such stand shall contain not more than 600 square feet of floor area. Such stands or produce offered for sale shall be located not less than 50 feet from the center line of the highway, except a temporary roadside stand may be located not less than 20 feet from the nearest edge of pavement, provided it shall be placed at such location only during the harvest season of produce offered for sale and shall contain not more than 200 square feet of floor area. Each roadside stand shall have facilities, approved by the Zoning Officer, for vehicular ingress and egress, and adequate off-street parking.

(4) Private stable for up to one horse per acre not closer than 50 feet to any side lot line and 100 feet to any rear lot line. See § 220-840 for additional regulations.

[Amended 9-9-2008 by Ord. No. 08-048]

(5) Private indoor riding arena not closer than 50 feet to any side lot line and 100 feet to any rear lot line. See § 220-840 for additional regulations.

[Amended 9-9-2008 by Ord. No. 08-048]

E. Prohibited uses. All uses not expressly authorized in this zoning district are prohibited.

F. Site and structure requirements.

(1) Minimum lot area: 10 acres.

(2) Minimum lot width/lot frontage: 330 feet.

(3) Minimum front yard setback: 100 feet from the center line on nondedicated roads and 77 feet from the front lot line on dedicated roads.

(4) Minimum side yard setback: 50 feet on each side for a residential structure and 100 feet for an agricultural structure.

(5) Minimum rear yard setback: 50 feet, exclusive of any easements, from the rear lot line for residential structures and 100 feet, exclusive of any easements, from the rear lot line for agricultural structures. Freestanding accessory structures shall be set in a distance not less than 10 feet from the rear lot line.

[Amended 10-28-2020 by Ord. No. 20-053]

(6) Maximum height: No principal structure or accessory structure shall exceed a height of 35 feet.

(7) Maximum lot coverage: 20%.

G. Special provisions.

(1) Except as hereinafter provided, farm buildings and structures which are used for agricultural purposes, except for residences and garages, shall be exempt from the provisions of this chapter; however, all setback and yard requirements shall apply to farm structures.

(2) Commercial motor vehicles. One motor vehicle for commercial purposes having an 8,000 pound GVW rating or less may be parked on a constructed driveway located within the zoning lot. Two additional commercial motor vehicles are allowed but must be kept in a garage or a fully enclosed structure. Any farm implements, machinery, or vehicles used primarily in farming of a zoning lot in the A-1 Agricultural District are excluded from this requirement.

(3) Recreational vehicles. Two recreational vehicles, including sportscraft, may be parked on a constructed driveway and must be owned or legally controlled by the residents or occupants of the principal structure and located within the buildable area. Small pick-up trucks and/or vans used principally as passenger cars are excluded from this requirement. For purposes of this section, a trailer on which sportscraft are stored shall be deemed to be two recreational vehicles.

§ 220-503 A-2 Rural Residence District.

The following apply to the A-2 Rural Residence District:

A. Permitted uses. No land shall be used or occupied, and no building, structure, or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one of the following specified uses:

(1) Residential uses.

(a) A single-family detached dwelling on a parcel legally recorded and zoned A-2 Rural Residence District on or before the date of the adoption of this chapter.

(b) A day-care home with no more than six children or adults, not including nonresident support staff.

(c) A group care home with no more than six residents, not including nonresident support staff.

(2) Agricultural uses.

(a) The growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nursery, tree farm, sod farm, pasturage, viticulture, and a wholesale greenhouse when such agricultural purposes constitute the principal activity on the land, together with the operation of any machinery or vehicles incidental to the above use.

(b) Research and/or experimental farm.

(c) Sale of agricultural products produced on premises.

(3) Forest preserve.

B. Special uses permitted. The following uses may be permitted only if specifically authorized by the Village Board in accordance with § 220-1209:

(1) Accessory housing.

(2) A church or other place of worship.

(3) Planned unit development.

(4) Floodplain development.

(5) Public, quasi-public, governmental buildings and facilities, including but not limited to a(n):

(a) Public park, public playground, public golf course and public community center building.

(b) School.

(c) Public library.

(d) Essential service, police and fire station, cable television antenna, excluding wireless telecommunications facility, and a public utility, gas regulator station, telephone exchange, electrical substation.

(6) Commercial uses.

(a) Commercial stable, not nearer than 500 feet to any zoned residential district or 500 feet to any existing dwelling, other than the dwelling of the owner or lessee of the site, but not less than 100 feet from any property line of the owner or lessee of the site.

(b) Dog kennel and veterinary establishment, not nearer than 500 feet to any zoned residential district or 500 feet to any existing dwelling, other than the dwelling of the owner or lessee of the site, but not less than 100 feet from any property line of the owner or lessee of the site.

(c) Sale of farm supplies by farmers as agents, where grain elevators or similar commercial facilities are not maintained on the farm premises.

(7) A single-family detached dwelling built or under construction on or before November 20, 1986 with less than 2 1/2 acres of ground area, that otherwise meets the requirements of Table 1B, Site and Structure Bulk Requirements.[1]

[1] Editor's Note: Table 1B is included as an attachment to this chapter.

(8) Residential care other than those listed as permitted uses:

(a) Day-care centers (adult/children).

(b) Day-care homes (adult/children).

(c) Group care homes.

(9) Group homes.

(10) Group quarters.

(11) Bed-and-breakfast establishment.

(12) Firearms dealer.

C. Temporary permit uses permitted. Upon application to and issuance by the Zoning Officer of a permit therefor, the following uses may be operated as temporary uses:

(1) Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building, trailer or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months, and shall not be renewed for more than four successive periods.

(2) Any legally existing residential structure, trailer, or mobile home may be used for residential purposes only during the construction of a residence and must be removed within 30 days of obtaining a certificate of occupancy or completion of construction, whichever occurs first. In no case shall the temporary residential structure, trailer, or mobile home be permitted to remain on the premises for more than one year, provided that the Zoning Officer shall have the right to grant an extension for one additional year.

D. Accessory uses permitted. Accessory uses may be permitted as provided in § 220-810, provided they are operated and maintained under the same ownership, on the same lot, and do not include structures or structural features inconsistent with the permitted uses or special uses. In addition, the following accessory uses may be permitted:

(1) Home occupation.

(2) Swimming pool, exclusively for the use of the residents and their guests, and set back from every property line at least 10 feet, exclusive of any and all easements, and not located in the front yard.

(3) Private stable for up to one horse per acre, no closer than 50 feet to any side lot line and 80 feet to any rear lot line. See § 220-840 for additional regulations.

[Amended 9-9-2008 by Ord. No. 08-048]

(4) Private indoor riding arena, not closer than 50 feet to any side lot line and 80 feet to any rear lot line. See § 220-840 for additional regulations.

[Amended 9-9-2008 by Ord. No. 08-048]

E. Prohibited uses. All uses not expressly authorized in this zoning district are prohibited.

F. Site and structure requirements.

(1) Minimum lot area: 2 1/2 acres. (A separate ground area of not less than 2 1/2 acres shall be designated, provided and continuously maintained for each principal structure.)

(2) Minimum lot width/lot frontage: 300 feet.

(3) Minimum front yard setback: 100 feet from the center line on nondedicated roads and 77 feet from the front lot line on dedicated roads.

(4) Minimum side yard setback: 20 feet on each side.

(5) Minimum rear yard setback: 80 feet, exclusive of any and all easements, from the rear lot line.

(6) Maximum accessory structure square footage: The area of accessory structures may total at least 650 square feet, regardless of the size of the lot. In no event shall the total square footage of accessory structures exceed the lesser of 10,000 square feet or 3.5% of the lot size.

[Amended 6-10-2009 by Ord. No. 09-036]

(7) Maximum height: No principal structure or accessory structure shall exceed a height of 35 feet.

(8) Maximum lot coverage: 20%.

G. Special provisions.

(1) Except as hereinafter provided, one motor vehicle for commercial purposes having a "GVW" rating of 8,000 pounds or less may be parked on a constructed driveway within the zoning lot. Two additional commercial motor vehicles are allowed, but must be kept in a garage or a fully enclosed structure. Any farm implements, machinery, or vehicles used primarily in farming of a zoning lot in the A-2 Rural Residence District are excluded from this requirement.

[Amended 4-27-2016 by Ord. No. 16-010]

(2) Recreational vehicles. Two recreational vehicles, including sportscraft, may be parked on a constructed driveway and must be owned or legally controlled by the residents or occupants of the principal structure and located within the buildable area. Small pick-up trucks and/or vans used principally as passenger cars are excluded from this requirement. For purposes of this section, a trailer on which sportscraft are stored shall be deemed to be two recreational vehicles.

(3) There shall be no application for any map amendment to the A-2 Rural Residence District accepted after the adoption of this chapter. After the date of the adoption of this chapter, any new development which requires a division or subdivision of the existing zoning lot or parcel and for which a preliminary plat has not then been approved shall comply with the site and structure requirements and the special provisions of the E-2 Single-Family Rural Residence District in lieu of the site and structure requirements and special provisions of the A-2 Rural Residence District.

§ 220-504 OS-1 Open Space District.

[Added 10-28-2020 by Ord. No. 20-053]

The following apply to the OS-1 Open Space District:

A. Permitted uses. No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied, or used except as otherwise provided in this chapter, for other than one of the following specified uses:

(1) Public, quasi-public, governmental recreational facilities including parks, playgrounds, swimming pools, playing fields, trails, sports activities, outdoor amphitheaters, camping areas, picnicking areas, boating areas, fishing activities, golf courses and accessory uses such as related parking, washrooms, storage, etc., provided:

(a) All buildings or structures shall be located not less than 150 feet from any residential property line.

(b) Lighting for night operation of recreational uses shall be directed away from surrounding properties.

(2) Natural areas and passive parks for the purpose of preservation of native flora and fauna and establishing wildlife corridors.

(3) Forest preserve.

(4) Community gardens and farmers' markets.

(5) The growing of farm crops, floriculture, horticulture, orchards, arboretums and viticulture together with the operation of any machinery or vehicles incidental to the above use.

[Added 9-27-2023 by Ord. No. 23-059[1]]

[1] Editor's Note: This ordinance also renumbered former Subsection A(5) as Subsection A(6).

(6) Retention ponds and detention basins.

B. Special uses permitted. The following uses may be permitted only if specifically authorized by the Village Board in accordance with § 220-1209:

(1) Cemeteries including mausoleums, sepulchers, and related structures on privately owned land only, provided all buildings shall be located not less than 50 feet from any lot line.

(2) Essential services (including cable television reception and transmission facility, public utility, gas regulator station, telephone exchange, electrical substation, and sewage treatment plant).

(3) Telecommunications stations and transmission devices.

(4) Animal and poultry husbandry, apiculture and pasturage together with the operation of any machinery or vehicles incidental to the above use. The total number of mature animals per acre and setbacks shall be regulated under the special use.

[Added 9-27-2023 by Ord. No. 23-059]

(5) Fencing.

[Added 9-27-2023 by Ord. No. 23-059]

C. Temporary permit uses permitted. Upon application to and issuance by the Zoning Officer of a permit therefor, the following uses may be operated as temporary uses:

(1) Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building, trailer, or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods.

(2) For public, quasipublic, or governmental recreational facilities, temporary fencing in the event of an emergency. The fencing shall not exceed a height of four feet. Each such permit shall be valid for a period of not more than 90 days.

[Added 9-27-2023 by Ord. No. 23-059]

D. Prohibited uses. The following uses are prohibited as they would conflict with the purpose of protecting parks and natural areas:

(1) Any private development of structures or facilities with the exception of cemeteries, essential services and telecommunication stations and transmission devices.

(2) Any public facilities unrelated to the operation or protection of parks, natural areas, and retention/detention facilities.

E. Site and structure requirements.

(1) Minimum lot area: There is no minimum lot size.

(2) Minimum lot width/lot frontage: There is no minimum lot size.

(3) Minimum front yard setback: 15 feet.*

(4) Minimum side yard setback: 15 feet.*

(5) Minimum rear yard setback: 15 feet.*

(6) Maximum height: No principal structure or accessory structure shall exceed a height of 35 feet.*

(7) Maximum lot coverage: 20%.

(8) No portion of any tower structure shall be located less than 30 feet from any lot line. No tower located in any residential zoning district shall be closer to any lot line than that distance equal to 50% of the height of the tower. No tower located in a nonresidential zoning district shall be closer to any lot line in any zoning district than that distance equal to the height of the tower.