A.
Minimum requirements. The provisions of this chapter shall be
held to be and interpreted as the minimum requirements for the promotion
and protection of the public health, safety, morals, comfort, and
general welfare.
B.
Conflicting provisions. Where the conditions imposed by any
provisions of this chapter are either more restrictive or less restrictive
than comparable conditions imposed by other provisions of this chapter,
or of any other law, ordinance, resolution, rule, or regulation of
any kind, the regulations which are more restrictive or which impose
higher standards or requirements shall govern.
C.
Existing agreements. This chapter is not intended to abrogate
any easement, covenant, or other private agreement, provided that
where the regulations of this chapter are more restrictive or impose
higher standards or requirements than such easements, covenants, or
other private agreements, the requirements of this chapter shall govern.
D.
Existing violations. No building, structure, or use not lawfully
existing at the time of the adoption of this chapter shall become
or be made lawful solely by reason of the adoption of this chapter;
and to the extent that said unlawful building, structure, or use is
in conflict with the requirements of this chapter, said building,
structure, or use shall remain unlawful hereunder.
E.
Permits required. Nothing contained in this chapter shall be
deemed to consent to, license, or permit use of any property or to
locate, construct, or maintain any building, structure, site, facility,
or operation, or to carry on any trade, industry, occupation, or activity
without first obtaining an appropriate building permit, stormwater
management permit and/or zoning certificate.
F.
Provisions are cumulative. The provisions of this chapter shall
be interpreted to be cumulative and to impose limitations in addition
to all other ordinances, laws, codes, and regulations in existence
or which may be passed governing any subject matter of this chapter.
To the greatest extent possible, the provisions of this chapter shall
be construed to be consistent with, and not in conflict with, the
provisions of such other ordinances, laws, codes, and regulations,
and with each other, to the end that all such provisions may be given
their fullest application.
It is hereby declared to be the intention of the Village Board
that the provisions of this chapter are severable, in accordance with
the following:
A.
Ordinance provisions. If any court of competent jurisdiction
shall adjudge any provision of this chapter to be invalid, such judgment
shall not affect any other provision of this chapter not specifically
determined to be invalid.
B.
Property application. If any court of competent jurisdiction
shall adjudge invalid the application of any provisions of this chapter
to a particular property, building, or other structure, such judgment
shall not affect the application of said provision to any other property,
building, or structure not specifically included in said judgment.
It is hereby declared that the provisions of this chapter shall
apply to all properties except as otherwise hereinafter specifically
provided:
A.
New uses. No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure, or land shall hereafter be used, occupied, or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations herein which are applicable to the zoning district in which such building, structure, or land is located. No use of a structure or parcel of land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use, in such district unless a special use permit has been secured in accordance with the provisions of § 220-1209. Except as otherwise specifically provided in the zoning district regulations, drive-in or drive though establishments are prohibited.
B.
Any yard setbacks recorded or noted on a recorded plat as part
of a residential subdivision that received approval of a final plat
of subdivision prior to October 24, 2006, shall be utilized for the
remaining lots of that subdivision in lieu of the yard setbacks set
forth in this chapter.
[Added 4-24-2007 by Ord.
No. 07-019]
C.
Existing uses. Except as may otherwise be provided, all structural
alterations or relocations of existing buildings occurring after the
effective date of this chapter, and all enlargement of or additions
to existing uses occurring hereafter, shall be subject to all regulations
herein which are applicable to the zoning district in which such buildings,
uses, or land shall be located.
D.
Existing special uses. Where a structure and use thereof of
land lawfully exists on the effective date of this chapter, and is
classified by this chapter as a special use in the district where
it is located, such use shall be considered a lawful special use.
A special use permit issued in accordance with procedures herein set
forth is required only for any expansion or major alteration of such
existing legal special use. If the special use ceases for a period
of more than one year, the special use permit shall be void and the
special use cannot again be started. No lawful special use shall be
changed to any other use unless such new use is a permitted use in
the district in which the property is located; nor shall such lawful
special use be altered or expanded in any manner; except in compliance
with the following:
E.
Nonconforming uses. Any lawful building, structure, or use existing at the time of the enactment of this chapter may be continued, even though such building, structure, or use does not conform to the provisions herein for the zoning district in which it is located, and whenever a district shall be changed hereafter, then existing lawful uses may be continued, subject to the provisions of Article XI.
F.
Uses not specifically permitted in any district are prohibited.
Except as hereinafter provided, when a use is not specifically listed
as a permitted or special use in any specific zoning district, such
use shall be expressly prohibited.
G.
Interpretation of use lists.
(1)
When a particular use or uses, or class of uses, is not specifically
identified in this chapter but is of the same general character as
those listed as permitted principal or accessory uses, or permissible
by special use, the Zoning Officer shall make a determination as to
whether such use is permitted. The Zoning Officer shall give due consideration
to the intent of this chapter concerning the zoning district involved,
the character of uses specifically identified, and the character of
the use or uses in question.
(2)
New or unlisted uses shall be similar in impact, function and
characteristics to uses listed in the zoning district. In determining
such similarity, the Zoning Officer may consider the following:
(a)
Volume and type of sales, retail or wholesale,
size and type of items sold, and the nature of the inventory on the
premises.
(b)
The type of processing done on the premises; assembly,
manufacturing, smelting, warehousing, shipping and distribution; and
any dangerous, hazardous, toxic or explosive materials used in processing.
(c)
The nature and location of storage and outdoor
display of merchandise; enclosed, open, inside or outside the principal
building; and predominant types of materials stored, i.e., business
vehicles, work-in-progress, inventory and merchandise, construction
materials, scrap and junk, and bulk ores, powders and liquids.
(d)
The type, size and nature of buildings and structures
supporting the use.
(e)
The number and density of employees and customers;
and the per-unit area of site and buildings in relation to business
hours and employment shifts.
(f)
The business hours the use is in operation or open
for business.
(g)
Transportation requirements, including mode of
transportation, by volume, type and characteristics of traffic generated
to and from the site, trip purposes, and whether trip purposes can
be shared with other uses on the site.
(h)
Parking characteristics, turnover and generation,
ratio of the number of spaces required per unit area or activity,
and potential for shared parking with other uses.
(i)
Predilection for attracting or repelling criminal
activities to, from, or on the premises.
(j)
Amount and nature of nuisances generated on the
premises, including noise, smoke, odor, glare, vibration, radiation,
and fumes.
(k)
Any special public utility requirements for serving
the use, including water supply, wastewater output, pretreatment of
wastes and emissions recommended or required, and any significant
power structures and communications towers or facilities required.
H.
Compliance with regulations. No structure, or part thereof, shall hereafter be built, moved or remodeled in such a way that creates or increases the degree of nonconformance, and no structure or lot shall hereafter be used, occupied, arranged or designed for use or occupancy on a zoning lot which is not in conformance with the site and structure requirements of the zoning district or as otherwise permitted pursuant to a special use permit issued in accordance with § 220-1209.
I.
Building permits. Where a building permit for a building or
structure has been issued in accordance with law prior to the effective
date of this chapter, and provided that construction is begun within
six months of such effective date and diligently pursued to completion
within 18 months, said building or structure may be completed in accordance
with the approved plans on the basis of which the building permit
was issued, and further may, upon completion, be occupied upon issuance
of a certificate of occupancy.
J.
Special use permits. Where the Zoning Officer has issued a special
use permit, a temporary use permit, or a permit for a variance pursuant
to the provisions of this chapter, such permit shall become null and
void unless work thereon is substantially under way within one year
of the date of the issuance of such permit by the Zoning Officer.
A.
Lot of record. A lot of record, as herein defined by the provisions
of this chapter, which is unable to meet the requirements of this
chapter as to lot area, lot width, and yard requirements can be used
only after a variance is granted by the Plan Commission.
B.
Number of buildings on lot. Not more than one principal building
may be located on a single lot of record or a single zoning lot unless
otherwise authorized within each zoning district.
D.
Through lots. On vacant through lots, the front lot lines shall
be along the street right-of-way designated by the Zoning Officer,
except that when a front lot line has been established on one or more
lots in the same block and all have front lot lines established along
the same street right-of-way line, the street right-of-way line designated
as the front lot line for such lot or lots shall be the front line
on all vacant through lots in such block. Only such obstructions as
herein permitted in front yards shall be located in that part of a
rear yard adjoining a street that is equivalent in depth to a required
front yard, except for lots backing to thoroughfares in subdivisions
where no-access strips have been provided on the recorded plats.
E.
Corner lots. All principal and accessory structures on corner
lots must meet front and side yard setback requirements of each zoning
district. The required front yard setback on corner lots shall apply
to each side of the lot fronting a street.
F.
Two uses on a lot. Where two or more permitted or special uses,
each requiring a minimum area and width, are provided in the same
building or on the same lot, the required area and width shall be
the sum of the areas and width required for each use individually.
G.
Street frontage and access. Every lot created after the effective
date of this chapter must have frontage on a public street and must
be provided with facilities for ingress to and/or egress from such
public street.
H.
Access across property. No lot shall be used for motor vehicle
access to any other lot or land unless such access has been approved
by the Village Board.
I.
Contiguous parcels. When two or more parcels of land, each of
which lacks adequate area and dimension to qualify for a permitted
use under the requirements of the zoning district in which it is located,
are contiguous and are held in common ownership, at the time of or
subsequent to the effective date of this chapter, they shall be used
as one zoning lot for such use.
A.
Use. No building, structure or land shall hereafter be used
or occupied and no building or part thereof or other structure shall
be erected, raised, moved, reconstructed, extended, enlarged or altered
except in conformity with the regulations herein specified for the
zoning district in which it is located.
B.
Continued conformity with bulk regulations. The maintenance
of yards and other open space and minimum lot area legally required
for a building shall be a continuing obligation of the property owner
as long as the building is in existence. Further, no legally required
yards, open space, or minimum lot area allocated to any building shall,
by virtue of a change in ownership or for any other reason, be used
to satisfy yard, open space, or minimum lot area requirements for
any other building.
C.
Bulk. All new buildings shall conform to the site and structure
regulations established herein for the zoning district in which each
building shall be located. Further, no existing building shall be
enlarged, reconstructed, structurally altered, converted or relocated
in such a manner as to conflict or to further conflict with the bulk
regulations of this chapter for the zoning district in which such
buildings shall be located.
A.
Location of required yards. All required yards allocated to
a building, structure or use shall be located on the same zoning lot
as such building, structure or use being served.
B.
Yard requirements.
(1)
Use of required yards.
(a)
Yards facing existing or proposed streets. Yards
facing existing or proposed streets may be utilized for site access,
fire access, site identification and landscaping.
(b)
Yards adjacent to interior side/rear property lines.
Yards adjacent to interior side/rear property lines may be utilized
for site access, fire access, site identification and landscaping.
(c)
Yards facing interior private circulation streets.
Any yard facing an interior private circulation street shall be maintained
for site access, fire access, site identification and landscaping.
(d)
Yards adjacent to tollway, freeway and limited-access
highways. All yards required along tollways, freeways and limited-access
highways shall be maintained for landscaping.
(3)
No yards allocated to a building, structure or use existing
on the effective date of this chapter shall be subsequently reduced
or be further reduced below the yard requirements of this chapter,
except a yard adjoining a street may be reduced in depth or width
in the event and to the extent that the right-of-way width of such
street adjoining such yard is subsequently increased.
(4)
If a zoning lot is, or will be, occupied by a permitted use
without structures, then the minimum front, side or rear yards that
would otherwise be required for such zoning lot shall be provided
and maintained, unless some other provision of this chapter requires
or permits a different front, side or rear yard; provided, however,
that front, side and rear yards shall not be required on zoning lots
used for open or public recreation areas.
[Amended 4-27-2016 by Ord. No. 16-010; 9-27-2017 by Ord. No. 17-060; 2-8-2023 by Ord. No. 23-003]
The following accessory buildings, structures and uses are permitted
and may be obstructions in yards as follows:
|
Permitted Obstructions in Required Yards
| |||||
|---|---|---|---|---|---|
|
"P" means "Permitted"
"N" means "Not Permitted"
| |||||
|
Projection, Obstruction or Accessory Use
|
Yard Type
| ||||
|
Front
|
Rear
|
Side
|
Corner Side
| ||
|
Air-conditioning units, window only (not to exceed 2 feet)
|
P
|
P
|
P
|
P
| |
|
Air-conditioning equipment shelters (not less than 10 feet from
any property line)
|
N
|
P
|
N
|
P
| |
|
Arbors and trellises
|
P
|
P
|
P
|
P
| |
|
Awnings and canopies (projecting less than 3 feet out or 10%
of the required yard, whichever is less)
|
P
|
P
|
P
|
P
| |
|
Balconies (projecting not more than 3 feet out or 15% of the
required yard, whichever is less)
|
P
|
P
|
P
|
P
| |
|
Basketball goal (limited to 1 pole-mounted or garage-mounted
goal in residential zoning districts only and not closer than 10 feet
to any property line, located within driveway pavement area if located
in front, side, or corner side yard) (as permitted by § 220-810D)
|
P
|
P
|
P
|
P
| |
|
Bay windows (projecting not more than 3 feet out or 10% of the
required yard, whichever is less)
|
P
|
P
|
P
|
P
| |
|
Chimney (not more than 18 inches into the yard)
|
P
|
P
|
P
|
P
| |
|
Decks, terrace, patios, open, in a residential district (not
less than 10 feet from any property line, except for R-5 which is
not less than 5 feet)
|
N
|
P
|
P
|
N
| |
|
Decks, terrace, patios, open, in a nonresidential district (not
less than 25 feet from a front or corner side property line, or 10
feet from any side or rear property line)
|
P
|
P
|
P
|
P
| |
|
Dish antennas:
| |||||
|
Equal to or greater than 30 inches in diameter
|
N
|
P
|
N
|
N
| |
|
Less than 30 inches in diameter
|
N
|
P
|
P
|
N
| |
|
Dog runs, enclosed (not less than 10 feet from any property
line)
|
N
|
P
|
N
|
N
| |
|
Driveways for single-family home
|
P
|
P
|
P
|
P
| |
|
Fences
|
P
|
P
|
P
|
P
| |
|
Flagpoles
|
P
|
P
|
P
|
P
| |
|
Laundry drying equipment (not less than 10 feet from a property
line)
|
N
|
P
|
P
|
N
| |
|
Light standards for parking lots
|
P
|
P
|
P
|
P
| |
|
Light standards (ornamental) (not less than 5 feet from the
property line)
|
P
|
P
|
P
|
P
| |
|
Ramps for use by persons with disabilities
|
P
|
P
|
P
|
P
| |
|
Sheds and storage buildings
|
N
|
P
|
P
|
N
| |
|
Steps, open without roof
|
P
|
P
|
P
|
P
| |
|
Swimming pools, private (as permitted by § 220-812)
|
N
|
P
|
P*
|
N
| |
|
Television or radio towers or antennas
|
N
|
P
|
N
|
N
| |
|
Tennis courts, private (as permitted by § 220-810D)
|
N
|
P
|
N
|
N
| |
|
Trash dumpsters and/or garbage receptacles
|
N
|
P
|
P
|
N
| |
|
Volleyball, basketball, shuffleboard and other courts, private
(as permitted by § 220-810D)
|
N
|
P
|
N
|
N
| |
|
Other accessory uses (as may be permitted elsewhere in this
chapter)
|
N
|
P
|
N
|
N
| |
|
* In cases of hardship in which there are particular difficulties
in locating the swimming pool in the required rear yard setback, then
the petitioner may apply for a special use permit to allow the swimming
pool in the required side yard setback.
| |||||
At the intersection of all streets and points of ingress or
egress onto any street, no obstructions exceeding three feet in height
shall be permitted within the triangular area formed by the intersection
of any two street rights-of-way lines and/or the intersection of any
street right-of-way line with any edge of any service or other access
drive determined by a line drawn connecting two points located 25
feet equidistant along said right-of-way lines or service or access
drive edges from the point of intersection thereof.
The height requirements for the zoning district regulations
are subject to the following provisions:
A.
Public, semi-public hospitals, institutions, schools, or public
utility and service buildings, when permitted in a zoning district,
may be erected to a height not exceeding 60 feet, provided said specified
buildings shall be set back from the front, rear, and side lot lines
a distance based on the ratio of two feet for every one foot of building
height greater than 40 feet; provided, however, that said specified
requirements shall apply in addition to the other requirements for
building line setbacks and for rear and side yards specifically set
forth in this chapter.
B.
Chimneys, skylights, steeples, flagpoles, cooling towers, elevator bulkheads, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers, and spires, wireless towers, necessary mechanical appurtenances, or penthouses to house mechanical appurtenances may be erected above the height limits upon approval of the Zoning Officer. Wireless telecommunications facilities must not exceed the height restrictions in § 220-831.
A.
Time of construction. Accessory buildings and structures shall
be compatible with and subordinate to the principal building and use
and shall not be established prior to the completion of the construction
of a principal building.
B.
Location.
[Amended 6-10-2009 by Ord. No. 09-036]
(1)
Accessory structures located within residential districts shall
meet all setback requirements as outlined in Table 1B.[1] Accessory structures in all other zoning districts shall
maintain the same required rear and side yard setback as is required
for the principal structure. No accessory structure or use shall be
permitted in any front yard, must be located behind the front wall
of the principal building. Each accessory structure shall comply with
the bulk regulations applicable in the zoning district.
[Amended 2-8-2023 by Ord. No. 23-003]
[1]
Editor's Note: Table 1B is included as an attachment to this chapter.
(2)
Accessory structures must conform to all applicable fire and
building codes, including, but not limited to, the setback distance
between the accessory structure and any principal structure.
[Amended 2-8-2023 by Ord. No. 23-003]
(3)
Notwithstanding the above provisions, no accessory building
or structure shall encroach on a utility easement without waivers
from the local public or quasi-public entities or utility companies
to which such easement was dedicated. No accessory building or structure
shall be located in a drainage easement so as to impede or obstruct
the flow of surface water.
C.
Height. No accessory building or portion thereof located on
any residential zoning lot shall exceed the maximum height for accessory
structures identified on the site and structure bulk requirements
for residential districts, except for flagpoles, which shall comply
with the height requirement established in § 220-1005C(9).
[Amended 9-9-2008 by Ord. No. 08-048]
D.
Permitted accessory structures and uses. Accessory uses must
exist or be proposed to exist in connection with a principal use which
is permitted within such district. Each accessory use shall comply
with the use limitations applicable in the zoning district in which
it is located. See Table 1B for site and structure bulk requirements.[2] Accessory structures and uses include, but are not limited
to, the following list of examples, provided that in each case, such
structure or use must meet the general definitions of "accessory use"
and is subject to the regulation of the zoning district in which such
accessory structure or use is located:
(1)
One private, detached garage per zoning lot.
(2)
One storage shed.
[Amended 9-9-2008 by Ord. No. 08-048]
(3)
One child's playhouse.
[Amended 9-9-2008 by Ord. No. 08-048]
(4)
One private swimming pool.
[Amended 9-9-2008 by Ord. No. 08-048]
(5)
Statuary, arbors, gazebos, trellises, barbecue stoves, flagpoles,
fences, walls and hedges, gas lights and lanterns.
(6)
Off-street parking and loading spaces.
(7)
Outdoor parking of recreational equipment/vehicle and/or construction/commercial
related vehicles, provided that:
(a)
If the owner is actively involved in maintenance,
loading or unloading the equipment, it may be parked on a residential
driveway; however, the duration shall not exceed 48 hours.
(b)
The equipment/vehicle is parked on an approved
paved surface.
(c)
No part of the storage area for vehicles is located
in any required front, side, or rear setback, as defined by the provisions
of this chapter.
(d)
Construction or commercial vehicles or equipment
is not loaded or containing product or material, unless wholly enclosed
or actively involved in a project within the lot.
(e)
No equipment or vehicle(s) shall exceed an empty
weight of four tons or height in excess of 90 inches.
(f)
The equipment and vehicle(s) are screened from
view from the public street and adjacent properties by a fence or
landscaping.
[Amended 9-9-2008 by Ord. No. 08-048]
(g)
The Zoning Officer may issue a special permit for
parking of recreational vehicles in the event that the primary structure
on a zoning lot is uninhabitable due to fire, natural disaster, or
a catastrophic event. In no case shall the recreational vehicles 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.
[Amended 9-9-2008 by Ord. No. 08-048]
(8)
Outdoor recreational area or equipment (including tennis courts,
basketball courts, playhouses, batting cages, etc.), provided they
meet the following requirements outlined below:
[Amended 9-9-2008 by Ord. No. 08-048]
(a)
Total impervious coverage of the lot, including
the accessory structure or playing area, shall not exceed the limitations
of the zoning district.
(b)
The recreational facility or equipment does not
exceed the maximum height of accessory structures established for
each zoning district.
(c)
The square footage of the recreation facilities
shall be included in the total allowable square footage for detached
accessory structures as established for each zoning district.
[Amended 3-24-2009 by Ord. No. 09-007]
(d)
All outdoor recreational facilities shall meet
minimum side yard requirements, exclusive of any and all easements,
and not be located in the front yard. Outdoor recreational facilities
are to maintain a rear yard setback not less than 50% of the required
rear yard setback of the primary structure as established for each
zoning district.
[Amended 3-27-2009 by Ord. No. 09-007]
(9)
Except where otherwise permitted in this chapter, noncommercial
radio and television towers and antennas, including the supporting
structure thereto, shall be permitted, subject to the following conditions:
(a)
The towers and antennas shall comply with applicable
Federal Communications Commission (FCC) height restrictions, if any.
(b)
No portion of any tower, antenna or support wires
may be located within any required yard or closer than 10 feet to
any lot line, whichever is greater.
(c)
All yards shall be increased by one foot for each
additional two feet by which the tower or antenna exceeds 30 feet
in height.
(d)
In no event shall the tower or antenna exceed 36
feet in height except by special use permit.
(10)
Garage/Yard sales in residential zoning districts, provided that no more than four garage/yard sales are permitted in one year on each zoning lot and each garage/yard sale shall last no longer than three consecutive days. All sale items must be removed from public view during inactive periods. See § 220-814 for additional regulations.
[2]
Editor's Note: Table 1B is included as an attachment to this chapter.
E.
Prohibited accessory uses. None of the following uses shall
be permitted accessory uses:
[Amended 9-9-2008 by Ord. No. 08-048]
(1)
Outdoor storage or overnight parking of trucks with an empty
weight in excess of four tons or height in excess of 90 inches in
a residential district; construction or commercial vehicles or equipment,
loaded or containing product or material, unless wholly enclosed,
unless actively involved in a project within the lot; or buses designed
for more than 11 passengers during normal school year vacation periods
in a residence district.
(2)
Any other outdoor storage, except as specifically permitted
elsewhere in this chapter.
(3)
Cargo containers, as defined in this chapter, shall be considered
a form of outdoor storage that is strictly prohibited in all zones,
except where:
(a)
Existing cargo containers located on properties
with an approved special use for outdoor storage are a legal nonconforming
use during an amortization period of one year, after which the containers
are considered illegal nonconforming and must be removed. No additional
containers shall be added to the property during the amortization
period; or
(b)
A temporary permit is issued by the Village for
the purpose of moving or relocating, either permanently or temporarily,
personal or business property, subject to the following conditions:
[1]
In the residence districts, a permit is only required if the container is to remain for a period greater than 72 hours. If the container is to remain on the property greater than 72 hours, there shall be a temporary permit fee in an amount set forth in Chapter 114, Fees, Article II. No more than one temporary cargo container shall be permitted, and said container must be removed from the premises within 30 days.
[3]
One extension period equal to the corresponding time restriction in Subsection E(3)(b)[1] or [2] may be permitted if extenuating circumstances are determined by the Zoning Officer.
[4]
No more than two temporary permits may be granted
for the same property during a calendar year. If an extension is granted
during a calendar year, the extension period shall constitute a second
temporary permit.
[5]
The cargo container shall be used for the purpose
of a construction project duly proceeding toward completion. Upon
completion of the construction activity that the container supports,
the container must be promptly removed from the site.
[6]
At all times, any and all cargo containers must
be maintained in a like-new condition.
Regardless of other provisions of this chapter, in all classifications
and in all zoning districts there shall always be sufficient ground
area left unoccupied by a structure or paved area for a proper system
of sewage disposal and water supply conforming with the standards
and requirements of the Will County Health Department and the Health
Department of the State of Illinois. Site plans accompanying building
permit applications shall show clearly the proposed sewage disposal
system and well location, if any.
No fence, wall or swimming pool shall be erected or substantially
altered without a building permit issued by the Chief Building Official
and payment of applicable fees. No fence, wall or swimming pool shall
be constructed, erected, substantially altered or maintained in a
manner that is not in compliance with the applicable specifications
established within this section.
A.
Residential districts. In addition to the general requirements listed in Subsection D, the following requirements shall apply in residence districts:
(1)
Front yards. An open fence or wall is permitted along any lot
line forming a part of the front yard to a height not to exceed four
feet above grade and shall not exceed 50% open in design.
[Amended 4-27-2016 by Ord. No. 16-010]
(2)
Front yards (through lots). An open fence or wall is permitted
along any lot line forming a part of the front yard abutting an arterial
street to which the property owner is not entitled to access, provided
the height of the fence or wall shall not exceed four feet above grade
and shall not exceed 50% open in design.
[Amended 4-27-2016 by Ord. No. 16-010]
(3)
Side/Rear yards. An open or solid fence or wall is permitted
to a height not to exceed six feet above grade. Where a side or rear
lot line abuts a commercial or industrial district, fences may be
erected to a height not to exceed eight feet above grade, provided
that the plan to erect the fence is reviewed and approved by the Plan
Commission without a public hearing prior to erection.
(4)
Corner side yards. An open fence or wall along any lot line
forming a part of the corner side yard is permitted to a height not
to exceed four feet above grade and shall not exceed 50% open in design.
A solid fence or wall is permitted to a height not to exceed six feet
above grade when said corner side yard abuts a rear yard or corner
side yard of an adjacent property and that the fence does not extend
beyond the front building elevation of the principal structure. If
the corner side yard abuts a front yard of another lot, the fence
line shall not be located closer to the street than the front yard
established for the abutting lot.
[Amended 10-28-2020 by Ord. No. 20-053]
(5)
Subdivisions. Any subdivisions that are platted after the adoption of this chapter are required to include a fence master plan with the plan submittal if any fencing is planned to be located within the subdivision. The fence master plan shall illustrate the locations, height and style of the proposed fencing to be located on any lots and community areas and is subject to review and approval by the Plan Commission. Open fences, as defined in § 220-303, Definitions, not exceeding four feet in height, may be constructed and maintained at the front or corner side yard lot line. Fences up to six feet in height shall be permitted in the required corner side yard when said yard aligns with the rear yard or corner side yard of a residential property provided that the fence does not extend nearer to a front lot line than the longest distance between such lot line and the nearest wall of the principal building or structure.
[Amended 10-28-2020 by Ord. No. 20-053]
B.
Commercial and industrial districts. In addition to the general requirements listed in Subsection D, the following requirements shall apply in commercial and industrial districts:
(1)
Front yards. No fence or wall shall be permitted in any required
front yard.
(2)
Side/Rear yards. An open or solid fence or wall may be erected
to a height not to exceed six feet above grade. A fence that exceeds
six feet and is less than eight feet in height above grade shall be
reviewed and approved by the Plan Commission without a public hearing
prior to erection.
(3)
Corner side yards. No fence or wall shall be permitted in any
required corner side yard.
(4)
New development. Any new commercial or industrial developments
that are developed after the adoption of this chapter are required
to include a fence master plan with the plan submittal if any fencing
is planned to be located within the development. The fence master
plan shall illustrate the locations, height and style of the proposed
fencing to be located within the development and is subject to review
and approval by the Plan Commission prior to erection of the fence(s).
C.
Swimming pools. In addition to the requirements within the Homer Glen Building Code and the general requirements listed in Subsection D, the following requirements shall apply to the construction and operation of swimming pools:
(1)
Setbacks. A private swimming pool for use exclusively by the
residents of the property and their guests shall meet the greater
of the minimum side yard setback or easement requirements of the zoning
district in which it is located and shall not be located in any required
front yard. Swimming pools are to maintain a rear yard setback of
not less than 50% of the required rear yard setback of the primary
structure as established for each zoning district.
[Amended 3-24-2009 by Ord. No. 09-007]
(2)
A temporary fence of a minimum height of five feet shall be
erected during excavation and construction of the swimming pool.
(3)
Fifty percent of the total area of a swimming pool (exclusive
of patio, deck, pavement or any impervious surface) shall be calculated
toward the allowable impervious surface coverage as established for
each zoning district.
[Amended 3-24-2009 by Ord. No. 09-007; 10-28-2020 by Ord. No. 20-053]
D.
General requirements for fences, walls and swimming pools. The
following requirements shall apply in all zoning districts within
the Village:
(1)
No fence, wall or swimming pool shall be constructed, erected,
or substantially altered without a building permit issued by the Chief
Building Official and payment of applicable fees. Any fence, wall
or swimming pool which shall be constructed, erected, or is in the
process of construction or erection, or which is maintained in a manner
that is not in compliance with the provisions of this chapter is deemed
a nuisance and/or a violation.
(2)
No private fences or walls shall be allowed or constructed on
a public street, highway or alley right-of-way. Fences and walls may,
by permit, be placed on public utility easements, so long as the structures
do not interfere in any way with existing underground, ground or aboveground
utilities.
(3)
Any fence built in or across a public utility or drainage easement
shall be either open to allow the flow of surface water or shall have
the bottom of the fence above the ground level to allow the unobstructed
flow of surface water.
(4)
The finished side of a fence will face the neighboring properties.
The unfinished side of the fence will face the property for which
the fence is being installed. In addition, all structural portions
of a fence will be placed on the interior side of the premises being
fenced.
(5)
Fences may be constructed out of wood, vinyl, aluminum, steel,
wrought iron, chain link or composite. Piers shall be constructed
by the use of concrete, brick or stone. In Residential Zoning Districts
R-2 through R-6, chain link is restricted to interior rear and side
lot lines.
[Amended 10-28-2020 by Ord. No. 20-053]
(6)
Walls may be constructed out of brick, stone or another approved
masonry product.
(7)
The entire length of a fence or wall shall be constructed of
the same or substantially similar material.
(8)
Where there is a change in grade between adjoining zoning lots,
the maximum height of fences and walls shall not exceed the height
of the average grade measured within six feet on either side of the
line where the fence or wall is to be erected. If the grade change
is greater than one foot, a cross section of the property along the
two lots where the fence is to be erected shall be prepared, reviewed
and approved by the Chief Building Official prior to the erection
of a fence.
(9)
The maximum space between the average grade and the base portion
of the installed fence is not to exceed three inches.
(10)
All fences or walls located in the front yard
shall not exceed a height of four feet above grade and shall not exceed
50% opacity.
[Amended 10-28-2020 by Ord. No. 20-053]
(11)
Except in agricultural zoning districts, fences
shall not have an electrical charge sufficient to cause a shock. A
notice shall be posted, at intervals of 100 feet, on or adjacent to
a fence having an electrical charge, advising that the fence has an
electrical charge.
(12)
All fences, walls and swimming pools will at all
times be structurally sound and maintained in a neat, clean, presentable
and safe condition.
(13)
Fences and walls existing on the effective date
of this chapter which are structurally sound and maintained in a neat,
clean, presentable and safe condition may continue to be maintained
and to exist. If an existing fence or wall is destroyed, materially
damaged or removed, any replacement fence or wall must be constructed
or erected in accordance with the terms of this chapter. "Materially
damaged" means 50% or more of the existing fence must be replaced.
(14)
Upon approval by the Chief Building Official,
fences for industrial uses and public utility and service special
uses may utilize barbed wire, provided that the following conditions
are satisfied:
(15)
No fence or wall can be located within the area
of the sight vision triangle. The area of the sight vision triangle
is a twenty-five-foot area located at the at-grade intersections of
streets, driveways, access roads, railroads, or any combination thereof.
[Amended 10-28-2020 by Ord. No. 20-053]
A.
Scope of regulations. Any use established in any zoning district
in the Village shall be so constructed and operated as to comply with
the performance standards hereinafter set forth governing noise, vibrations,
air pollution, toxic substances, water pollution, fire and explosive
hazards, light emissions and glare. No use already established on
the effective date of this chapter shall be so altered or modified
as to conflict with or further conflict with the performance standards
applicable to such uses.
B.
All permitted nonresidential uses shall comply with the performance
standards set forth herein.
C.
General.
(1)
Compliance.
(a)
Should the Zoning Officer determine that the proposed
use may violate the performance standards set forth herein, the Zoning
Officer shall require information from the owner or operator and initiate
an investigation. Should such additional data be required, the Zoning
Officer shall request information including, but not limited to, the
following:
[1]
Plans of the existing or proposed construction
and development.
[2]
A description of the existing or proposed machinery,
processes and products.
[3]
Specifications for the mechanisms and techniques
used or proposed to be used in restricting the possible emission of
any dangerous and objectionable elements as set forth in this section.
[4]
Measurements of the amount or rate of emission
of said dangerous and objectionable elements.
(b)
Failure to submit data requested by the Zoning
Officer shall constitute grounds for denying a permit of compliance.
(2)
Report by expert consultants. The Zoning Officer may require
any person to retain an expert consultant or consultants to study
and report as to compliance or noncompliance with performance standards,
and to advise how a proposed use can be brought into compliance with
performance standards. The cost of the consultant's services shall
be borne by the owner or operator of said use.
(3)
Action by the Zoning Officer. Within 90 days following the receipt
of the acquired evidence, or receipt of the reports of appointed consultants,
the Zoning Officer shall make a determination as to compliance or
noncompliance with the performance standards. The Zoning Officer may
require modification or alterations in the existing or proposed construction
or the operational procedures to ensure that compliance with the performance
standards will be maintained.
(4)
Cancellation of permits. If, after the conclusion of the time
granted for compliance with the performance standards, the Zoning
Officer finds the violation is still in existence, any compliance
permits previously issued shall be void and the operator shall be
required to cease operation until the violation is remedied.
D.
Standards. All permitted nonresidential uses shall comply with
the following standards:
(1)
Noise.
(a)
No land use or other activity within the Village
shall be conducted in such a manner that it generates a level of sound
on another property greater than that allowed under the noise regulations
of the State of Illinois, adopted by the State Pollution Control Board
pursuant to the Environmental Protection Act (415 ILCS 5/1 et seq.),
as amended, and appearing in Title 35, Subtitle H, of the Illinois
Administrative Code, as amended (35 Ill. Adm. Code 900.01 et seq.).
(b)
Except as otherwise permitted herein, no land use
or other activity within the Village shall be conducted in such a
manner that it generates a level of sound on another property which
is greater than the sound level set forth in the Table of Weighted
Sound Level Limits below.
(c)
Sound levels shall be measured with a sound level
meter manufactured according to the standards prescribed by the American
National Standards Institute or its successor body.
(d)
The limits set forth in the Table of Weighted Sound
Level Limits below shall not apply to the following: noises not directly
under the control of the owner or occupant of the property; noises
emanating from construction, repair, and maintenance activities conducted
between the hours of 6:30 a.m. and 7:00 p.m. and such other times
as may be specifically authorized by the Zoning Officer; noises emanating
from safety signals, warning devices, and emergency pressure-relief
valves; and transient noises emanating from moving sources, such as
trucks, automobiles, airplanes, and railroads.
|
Weighted Sound Level Limits
| |||
|---|---|---|---|
|
District Classification of Receiving Property
|
Time of Day
|
Maximum Weighted Sound Level
[dB(A)]
| |
|
Residential districts
|
6:30 a.m. to 7:00 p.m.
|
50
| |
|
7:00 p.m. to 6:30 a.m.
|
45
| ||
|
All others
|
6:30 a.m. to 7:00 p.m.
|
60
| |
|
7:00 p.m. to 6:30 a.m.
|
55
| ||
|
Impact noises shall not exceed the following peak intensities:
| |||
|---|---|---|---|
|
Along Residence
|
Along Adjacent Lot Boundaries
| ||
|
Overall peak (decibels)
|
80
|
86
| |
(2)
Vibration.
(a)
Any operation or activity which shall cause at
any time, and at any point along the nearest adjacent lot line, earthborne
vibrations in excess of the limits set forth in Column I below is
prohibited. In addition, any industrial operation or activity which
shall cause at any time, and at any point along a residence district
boundary line, earthborne vibrations in excess of the limits set forth
in Column II below is prohibited. The limits set forth in the Table
of Vibration Displacements shall not apply to the following: vibrations
not directly under the control of the property user; vibrations emanating
from construction and maintenance activities between 6:30 a.m. and
7:00 p.m., which are nonroutine operations accessory to the primary
activities and which are temporary in nature, or conducted infrequently;
and transient vibrations of moving sources such as automobiles, trucks,
airplanes and railroads.
(b)
Vibrations shall be expressed as displacement in
inches and shall be measured with a three-component measuring system
approved by the Zoning Officer.
|
Vibration Displacements
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Column I
Displacement
(inches)
|
Column II
Displacement
(inches)
| |
|
0 to 10
|
0.0008
|
0.0004
| |
|
10 to 20
|
0.0005
|
0.0002
| |
|
20 to 30
|
0.0002
|
0.0001
| |
|
30 to 40
|
0.0002
|
0.0001
| |
|
40 and over
|
0.0001
|
0.0001
| |
(c)
Steady-state vibrations, for purposes of this chapter,
are vibrations which are continuous, or vibrations in discrete impulses
more frequent than 100 per minute.
(3)
Air pollution.
(a)
Any land use or other activity which involves the
emission of smoke, particulate matter, or other air pollutants shall
comply with all applicable standards set forth in state and federal
statutes and regulations regarding the emission of air pollutants.
Any such land use or other activity shall also obtain and maintain
all necessary licenses and permits from the appropriate state and
federal agencies, such as the United States Environmental Protection
Agency and the Illinois Environmental Protection Agency.
(b)
Dust and other types of air pollution borne by
the wind from such sources as storage areas, yards, parking areas
and non-paved drives or roads within lot boundaries shall be kept
to a minimum by appropriate landscaping, paving, oiling or other acceptable
means.
(4)
Water pollution. The State of Illinois Environmental Protection
Agency Water Pollution Regulations, as currently adopted by the Illinois
Pollution Control Board and published by the Illinois Environmental
Protection Agency, and all amendments thereto, are hereby adopted
by reference and made a part of this section.
(5)
Noxious matter. No activity or operation shall cause, at any
time, the discharge of matter across lot lines in a noxious concentration.
(6)
Odorous matter. The emission of matter in such quantities which
are readily detectable as an odor, based upon one cubic foot of air
at the odor threshold, at any point along lot lines is prohibited.
(7)
Fire and explosive hazards. The storage, utilization or manufacture
of materials characterized by fire and explosive hazards shall be
governed by the fire codes and other related codes adopted by the
Village, as amended from time to time.
Special events are temporary uses which may be allowed in any
zoning district, provided that they satisfy the following requirements
and are authorized by the Village:
A.
General restrictions. Special events shall be subject to the
following restrictions:
(1)
All zoning districts.
(a)
All temporary uses, buildings and structures shall
observe all yard setback requirements for the districts in which the
special events are located.
(b)
Special events shall be limited to no more than
two occurrences per calendar year for each zoning lot.
(c)
An applicant for a special event, except garage
sales, must apply for and obtain a special events permit from the
Village. The Zoning Officer may take the application for a special
event to the Village Board for review and comment. After the petitioner
has complied with any additional conditions imposed by the Village
Board and has paid all fees, a location permit may be issued by the
Village.
[Amended 9-9-2008 by Ord. No. 08-048]
(2)
Residence districts.
(b)
Special events shall be limited to a duration of
one day each (except that garage sales may last from Friday through
Sunday), with no less than 120 days between special events.
(c)
No special events shall begin activities before
9:00 a.m. nor conduct activities after 10:00 p.m. In cases where the
desired hours of such special event are outside those defined above,
upon application, the Village President shall have the authority to
vary the permitted hours to accommodate the activities of such event.
Garage sales may conduct activities between the times of 8:00 a.m.
and 7:00 p.m. See § 220-810D(10) for additional regulations
on garage sales.
[Amended 9-9-2008 by Ord. No. 08-048]
(3)
Nonresidential districts.
(a)
All special events shall provide on-site parking
for attendee vehicles in accordance with the off-street parking and
loading requirements set forth in this chapter.
(b)
Special events shall be limited to duration of
10 days each, with no less than 60 days between special events. In
cases where the duration of the special event is outside that defined
above, upon application, the Village President shall have the authority
to vary the permitted duration to accommodate the activities of such
event.
[Amended 9-9-2008 by Ord. No. 08-048]
(c)
No special events shall begin activities earlier
than 9:00 a.m. nor conduct activities after 10:00 p.m. In cases where
the desired hours of such special event are outside those defined
above, upon application, the Village President shall have the authority
to vary the permitted hours to accommodate the activities of such
event.
[Amended 9-9-2008 by Ord. No. 08-048]
B.
Application requirements and procedure. All persons desiring
to conduct a special event (except for residential garage sales) shall
first submit an application to the Village no later than 15 days prior
to the event. The Zoning Officer shall review all applications for
compliance with this chapter. Such application shall contain the following:
(1)
A site plan, which must show all signage, including banners
and all temporary signs.
(2)
A parking and circulation plan which must show stalls, circulation
paths, access locations and traffic control devices, provided such
plan shall not be required for special events located in residential
districts on lots without on-site parking.
(3)
A sanitary facilities report from the Will County Health Department
confirming compliance with all applicable health and sanitation codes,
provided such requirement may be waived by the Zoning Officer.
(4)
A certificate of liability insurance and indemnification agreement
shall be required and shall name the Village of Homer Glen as a co-insured.
An indemnification agreement shall be executed separately or be part
of the insurance policy.
[Amended 9-9-2008 by Ord. No. 08-048]
(5)
A traffic control and security contract to provide for off-duty
police officers or trained security personnel to provide traffic control
and security, provided such requirement may be waived by the Zoning
Officer.
(6)
An incident action plan which has been approved by the applicable
fire protection district for the jurisdiction in which the event is
to be located and the entity or department providing law enforcement
service for the Village.
(7)
When the applicant for a special event is not the owner of the
lot on which the event will occur, the applicant shall submit proof
of the owner's authorization, which shall be in writing, dated, signed
by the owner and containing sufficient information so as to identity
the property and the proposed special event.
(8)
A bond or letter of credit shall be placed with the Village
to guarantee removal of all temporary structures, tents, junk, debris,
and other personal property from the lot upon termination of the special
event. The amount of the cash bond or irrevocable letter of credit
shall be 100% of the estimated cost of removal of such items from
the lot, provided such requirement may be waived by the Zoning Officer.
In addition, such applicant shall agree to reimburse the Village for
any costs and expenses incurred by the Village in providing law enforcement
and fire protection services as a result of the event.
C.
Use of tents.
(1)
Tents are temporary uses which shall not be erected, used or maintained
on any zoning lot except for limited periods of time for such uses
as carnivals, church socials, tent sales, weddings and yard parties.
Tents regulated in this section shall not include tents designed for
and used for personal recreation in residence districts.
(2)
General restrictions. Tents shall be subject to the following
restrictions:
(a)
Tents shall not be used for the permanent storage
of vehicles and other equipment or for the permanent covering of any
recreational facilities.
(b)
Tents shall not be used as a place of permanent
residence, but shall be limited to uses for recreational purposes
or special events. If cooking or heating equipment is to be used inside
of a tent, the applicable fire protection district for the jurisdiction
in which the tent is to be located shall be notified.
(c)
Tents shall observe all yard setback requirements
in the zoning districts where located and, if involving a commercial,
office, or industrial use, shall provide on-site parking of customer
vehicles in accordance with the off-street parking and loading requirements
set forth in this chapter.
(d)
The use of a tent on a zoning lot shall be a use
which is clearly accessory to the existing use of the property.
(e)
All uses of tents in nonresidential zoning districts
and all nonresidential uses of tents in residential zoning districts
shall be limited to no more than 10 days at a time and no more than
two times in any calendar year.
(f)
Before a zoning certificate and permit are issued
for the erection, maintenance or use of a tent, a cash bond or irrevocable
standby letter of credit shall be placed with the Village to guarantee
removal of the tent. The amount of the cash bond or irrevocable letter
of credit shall be 100% of the estimated reasonable cost of the removal
of the tent from the lot.
D.
Approval.
(1)
Additional events. The Village Manager may authorize additional occurrences per calendar year for each zoning lot based upon his or her determination that the application of the limitation set forth in Subsection A(1)(b) creates specific and particular hardships or difficulties to the applicant that are uniquely related to the applicant and/or zoning lot, provided any more than two additional occurrences shall require approval of the Village Board.
(2)
Additional conditions. The Village may authorize such special
events and may impose additional conditions upon the issuance of said
permit to ensure the protection of the health, safety and welfare
of the residents and participants.
Ponds must have safety ledges, and the slopes of the pond shall
be no greater than 4:1 above the water and no greater than 3:1 below
the water.
No person, group, or firm shall keep more than five adult dogs,
cats or other domestic animals, or combination thereof, unless they
are kept on a property specifically zoned to allow a veterinary clinic,
animal hospital, or kennel. For purposes of this chapter, when an
animal reaches four months, it shall be considered an adult animal.
Inoperable automobiles, trucks, or other vehicles shall not
be stored for a period exceeding 30 days unless stored in an enclosed
structure.
Outside loudspeakers and public address systems shall not be
permitted on any property unless specific application is made to the
Zoning Officer. The application shall show the intended use of the
system and the expected range of the sound emanating from the system.
A.
Purpose. The provisions of this section establish minimum requirements
for the location and operation of group-care homes.
B.
Requirements for group homes. Group homes shall comply with
the following requirements:
(1)
The group home shall not be located less than 600 feet, measured
horizontally in any direction, from any other building used as a group
home pursuant to this chapter or defined as a group home pursuant
to any adjacent jurisdiction's zoning ordinance.
(2)
The operator of the group home shall have a license and/or certificate
as required by appropriate federal, state, or local agencies, if any
is required, demonstrating the operator's qualifications to operate
the group home.
(3)
The total occupancy of a small group home shall be limited to
no more than six persons not related by blood, marriage, adoption
or guardianship, plus no more than two resident staff.
[Amended 9-9-2008 by Ord. No. 08-48]
(4)
No services, including, but not limited to, counseling and other
treatment, shall be permitted for persons other than the residents
of the group home.
(5)
Proposed facilities must be visually compatible with structures
in the surrounding area.
[Amended 9-9-2008 by Ord. No. 08-048]
A day-care home and day-care centers for adults and children
shall comply with the following standards:
A.
Day-care homes and day-care centers must be licensed and/or
certified by the appropriate federal, state, or local agencies, if
required. All facilities classified as a day-care center must obtain
a special use permit. All appropriate licensing must be obtained for
the special use permit to be valid.
[Amended 9-9-2008 by Ord. No. 08-048]
B.
The following standards apply to day-care homes and day-care
centers within residential districts:
(1)
Day-care homes located in residential districts may not have
any outside employees.
[Amended 9-9-2008 by Ord. No. 08-048]
(2)
There shall be a minimum of 75 square feet of outdoor space
per individual for the total number of individuals using the area
at any one time. At least 25% of the required space shall be on the
premises of the day-care home. The remainder may be a public park,
playground or other outdoor recreation area within walking distance
(1,000 feet) of the day-care home.
(3)
There shall be a minimum of 35 square feet of indoor floor space
per individual. There shall be an additional 25 square feet of space
for each individual who sleeps and plays in the same indoor area.
(4)
Structures and sites must be visually and structurally compatible
with other structures and sites in the surrounding area.
(5)
Day-care homes shall not be operated in an accessory building
or detached garage.
(6)
Day-care homes shall contain a separate entrance from outside
the building to serve the home day-care use.
(7)
No other retail business, manufacturing business or repair shop
shall be conducted on any lot on which a day-care home is operated.
(8)
No signage or other display outside the building which evidences
the home day-care use shall be permitted except those signs which
are allowed in residence districts in accordance with the provisions
of this chapter.
(9)
No other home occupation shall be permitted within the same
dwelling unit.
(10)
All vehicles owned by the residents of the home
day-care use shall be parked on the lot in areas as allowed for parking
in residence districts. Adequate space shall be provided on the driveway
of the home day-care use for the temporary parking of client vehicles
while the clients are being dropped off and picked up.
[Amended 9-9-2008 by Ord. No. 08-048]
(11)
Any outside play area utilized for the home day-care
use shall be separated from neighboring properties by a solid fence
or wall.
(12)
The day-care home operator shall reside in the
home as his or her principal residence.
(13)
Where a day-care home is served by a private sewage
disposal system rather than by public sewers, the day-care operator
shall have the sewage disposal system inspected by the Will County
Health Department to assure safe, sanitary operation thereof prior
to establishing the use on the property.
A.
Declaration or policy. The Village recognizes that the number
of persons living in the Village who are 62 years old or older is
increasing and that many of these persons who would otherwise desire
to maintain separate households are unable to do so because of insufficient
income or need for services. The intent of providing for accessory
housing is to alleviate this problem. By permitting an accessory unit
to be maintained in single-family dwellings in the single-family residential
districts of the Village, persons 62 years old or older will be afforded
a means of obtaining the additional income and security which will
enable them to remain in homes owned and occupied by them. Also, other
persons owning and occupying single-family dwellings in these districts
will be provided with a means of caring and providing companionship
for relatives who are 62 years old or older.
B.
Requirements for accessory housing conditional use. An accessory unit may be maintained in a single-family dwelling as a special use in certain residential zoning districts as set forth in Article VI. Conversion of the dwelling and maintenance of the accessory unit and primary unit must conform to the following requirements:
(1)
Only one accessory unit may be maintained per zoning lot.
(2)
The total floor area of the accessory unit shall not exceed
700 square feet.
(3)
The accessory housing unit must be wholly enclosed within the
primary structure. No accessory unit or portion thereof shall be maintained
in an accessory building.
[Amended 9-9-2008 by Ord. No. 08-048]
(4)
The accessory unit must conform to all applicable yard and bulk
requirements.
(5)
The floor plans for the construction of the accessory unit and
for reconversion of both the primary unit and the accessory unit to
a single-family dwelling after the expiration of the special use must
be submitted with the application for special use.
[Amended 9-9-2008 by Ord. No. 08-048]
(6)
The exterior of any converted dwelling must retain the appearance
of a single-family dwelling. The number of exterior entries on the
front of the converted dwelling shall be the same number as prior
to its conversion.
(7)
No roomers or boarders who are not related by blood, adoption
or marriage to the owner of the primary unit shall be permitted in
the accessory unit.
[Amended 9-9-2008 by Ord. No. 08-048]
(8)
At least one of the occupants of either the main dwelling unit
or the accessory unit must be the legal or beneficial owner of the
property. If none of the owners who occupy the converted dwelling
are 62 years old or older, then the accessory unit must be occupied
by a person who is 62 years old or older and who is related to one
of the owners by blood, marriage, adoption or guardianship.
C.
Expiration of special use. Every special use for accessory housing shall expire by its own terms without action by the Village Board if the property fails to conform to any of the requirements of Subsection B(1) through (8), or if an affidavit is not filed in accordance with Subsection B(9). The expiration date shall be 30 days after the date on which the property first fails to conform to these requirements or 30 days after the date on which the affidavit was to have been filed. The special use shall not expire, however, if the property is brought into conformity with the requirements of Subsection B(1) through (8), and if the affidavit is filed as required prior to the expiration date. Every special use for accessory housing shall also expire when any owner conveys any portion of his or her interest in the property, unless the conveyance is to a trust of which that owner is a beneficiary.
D.
Reconversion to single-family dwelling. Reconversion of the
property to a single-family dwelling shall be completed within 90
days after the expiration of the special use. The Village may extend
the period of conversion for cause shown. The property shall be reconverted
according to the plans submitted at the time the special use was applied
for.
Any special use permit for elder cottage housing opportunities
legally issued and currently existing prior to the date of adoption
of this chapter shall be deemed to be a special use permit for accessory
housing and shall remain in full force and effect.
Bed-and-breakfast operations shall be subject to the following
regulations:
A.
Meals shall be served only to operators and guests of the bed-and-breakfast.
B.
The length of stay for a lodger shall not exceed 10 consecutive
days.
C.
The number of guest rooms is limited to four bedrooms in the
dwelling unit, provided that the maximum occupancy is limited to two
adults per guest room.
D.
A single identification sign, not to exceed two square feet,
may be erected, provided such sign shall be nonilluminated and shall
be attached flat against the front wall of the building it identifies.
E.
Tandem off-street parking spaces may be provided, but not more
than two deep, provided no parking spaces shall be provided in the
front yard.
F.
The dwelling in which the bed-and-breakfast operates shall be
the principal residence of the operator/owner and the operator/owner
shall live in the residence.
It is the intent of this section to allow as home occupations
only those uses that conform to the standards of this section. In
general, a home occupation is an incidental and secondary accessory
use, so located and conducted as to not change the character thereof
or adversely affect the uses permitted in the residential zoning district
of which it is a part. The standards for home occupations are intended
to ensure compatibility with other permitted uses and the residential
character of the neighborhood, and to maintain the subordinate and
incidental status of the home occupation.
A.
Permitted home occupations. Any home occupation that is incidental and subordinate to the principal residential use of a building shall be permitted in any dwelling unit, except those which are specifically prohibited under this chapter, and shall meet the regulations set forth in Subsection B.
B.
Limitations. Home occupations shall be operated in conformance
with the following:
(1)
All employed persons must be related, provided no more than
one person other than a family member shall be engaged in the home
occupation.
(2)
The use of the dwelling unit for the home occupation or home
office shall be clearly incidental and secondary to its use for residential
purposes.
(3)
No more than 20% of the livable floor area of the dwelling unit
or 400 square feet, whichever is smaller, shall be used in the conduct
of the home occupation or home office and shall not permit instruction,
teaching or counseling of more than three persons at a time other
than persons residing on the premises. Group counseling or encounter
groups, teaching of musical instruments, voice, dance and other instruction,
including academic and religious instruction, shall not exceed the
three-person limitation.
(4)
No outside display, storage, or use of land is permitted.
(5)
No signage shall advertise the presence or operation of a home
occupation.
(6)
No more than one home occupation shall be permitted on any zoning
lot.
(7)
There shall be no manufacturing or processing of any sort.
(8)
No wholesale, jobbing or retail business shall be permitted
unless it is conducted entirely by mail or telephone and does not
involve the receipt, sale, shipment, delivery or storage of merchandise
or food products on or from the premises; provided, however, that
articles produced by members of the immediate family residing on the
premises may be sold from and stored upon the premises.
(9)
There shall be no interior or exterior alteration of the principal
residential building which changes the residential character thereof
as a dwelling.
(10)
The home occupation shall be conducted entirely
within the principal residential building (excluding any attached
garage or accessory structure) and shall not be visible from any existing
dwelling on any adjacent lot.
(11)
No equipment or process shall be used in such
home occupation that creates noise, vibration, light, glare, fumes,
odors or electrical interference detectable to normal senses off the
lot. In the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises, or causes fluctuations
in line voltage off the premises.
(12)
No traffic shall be generated by such home occupation
in greater volumes than would normally be expected in a residential
neighborhood, and in no case shall traffic volume be created by the
home occupation greater than 10 trips per day in any one day, including
deliveries.
(13)
Deliveries are limited to a maximum of two per
day, and are not to be conducted by a vehicle that exceeds a useful
load of one ton. Deliveries shall only be conducted by private passenger
vehicles, parcel service or letter carrier.
(14)
Parking generated by the conduct of such home
occupation shall be met by the off-street parking regulations, and
be located in areas other than a required yard. No more than one commercial
vehicle shall be stored on the lot. All parking shall be on hard-surfaced
parking areas.
(15)
No home occupation shall cause an increase of
more than 10% in the use of any one or more utilities (water, sewer,
electrical, telephone, garbage, etc.) so that the combined total use
for dwelling and home occupation purposes exceeds the average for
residences in the neighborhood.
(16)
Animal grooming businesses shall have restricted hours of operation
from 8:00 a.m. to 6:00 p.m.
[Added 2-8-2023 by Ord. No. 23-003]
C.
Particular home occupations prohibited. The following uses,
by the nature of the investment or operation, have a pronounced tendency,
once started, to rapidly increase beyond the limits permitted for
home occupations, and thereby substantially impair the use and value
of a residentially zoned property for residential purposes. Therefore,
the uses specified below are prohibited in residential districts:
(1)
Barber shops, beauty shops and nail salons or other similar
uses providing any personal service related to the betterment of physical
appearance with more than two service stations (including but not
limited to chairs, sinks, dryers, etc.), unless specifically permitted
by the district regulations.
(2)
Dance schools with more than five pupils in attendance at any
given time.
(3)
Funeral homes and mortuaries.
(4)
Restaurants.
(5)
Tourist homes and lodging houses, unless specifically permitted
by the district regulations.
(6)
Private clubs.
(7)
Repair shops or service establishments, except the repair of
electrical appliances, typewriters, cameras or other similar small
items.
(8)
Photo developing.
(9)
Renting of trailers.
(10)
Medical or dental offices, clinics or hospitals.
(11)
Animal kennels or hospitals (excluding animal
grooming only).
[Amended 2-8-2023 by Ord. No. 23-003]
(12)
Auto repair and tune-up facilities.
(13)
Catering or other food preparation businesses.
(14)
Rooming houses.
(15)
Dealers in firearms (except as a special use permit).
(16)
Antique shops or sales.
(17)
Home day-care centers.
A.
Self-service storage facilities (SSSF) shall be considered a
special use.
B.
Requirements for SSSF. The following requirements shall apply
to all SSSF:
(1)
Self-service storage facilities shall be limited to dead storage
use only and shall not be used for the storage of perishable items,
food products or living animals.
(2)
No activities other than rental of storage units and pick-up
and deposit of dead storage shall be allowed on the premises.
(3)
All storage on the property shall be kept within an enclosed
building.
(4)
A fence must be provided around the perimeter of the development.
The fence shall be a minimum of six feet in height and shall be constructed
of opaque materials such as brick, stone, architectural tile, masonry
units, wood, or similar materials that will prevent the passage of
light and debris, but shall not be constructed of woven wire.
(5)
No door openings for a self-service storage unit shall be constructed
facing any residential zoned property.
(6)
No self-service storage building shall exceed 12 feet in height.
(7)
No individual storage unit shall exceed 600 square feet in floor
area.
(9)
Parking shall be provided by parking/driving lanes adjacent
to the buildings. These lanes shall be at least 26 feet wide when
cubicles open onto one side of the lane only and at least 30 feet
wide when cubicles open onto both sides of the lane.
C.
Use restrictions.
(1)
No person on premises covered by a special use permit for SSSF
shall conduct on such premises:
(a)
Any business activity (other than rental of storage
units), including but not limited to miscellaneous or garage sales,
and transfer/storage businesses that utilize vehicles as part of said
business.
(b)
Servicing or repair of motor vehicles, boats, trailers,
lawn mowers, or any similar equipment.
A.
All developments proposing the construction of manufactured
homes shall be developed as a planned development.
B.
Utilities. All utilities, including but not limited to water,
sewer, electric, gas, telephone, and cable TV, must be located in
underground, unobstructable locations, including individual connections
to each dwelling unit pad. Each dwelling unit shall be individually
metered for utility service provision.
D.
Open space. All developments shall be required to provide at
least 50% of the net buildable land area as open space. Developed
open space shall be designed to provide active recreational facilities
to serve the residents of the area.
E.
Clustering. Lot layout shall provide for clustering or various
angle arrangements of the lots as opposed to a grid pattern in which
the majority of blocks and streets are arranged in straight lines.
F.
Driveways. There shall be no adjoining driveways serving abutting
lots.
G.
Manufactured home design standards.
(1)
Placements. The manufactured home stand shall be so placed as
to provide for the practical placement on the site of both the manufactured
home and its appurtenant structures.
(2)
Size. The size of the manufactured home pad shall be suitable
for the manufactured home to be served.
(3)
Location. The location of each manufactured home pad shall be
at such elevation, distance and angle in relation to the access street
and the manufactured home lot driveway that placement and removal
of the manufactured home is practical.
(4)
Construction. Only concrete pads and concrete runways will be
permitted.
(6)
Undercarriage. Each manufactured home unit shall be skirted
via a structural and architectural treatment similar to that of a
residential dwelling, or a landscaping treatment so as not to permit
the undercarriage of the unit to be visible. Each unit shall be securely
anchored so as to reduce the potential for damage during periods of
high winds.
H.
Construction of manufactured home. Manufactured home construction
must meet or exceed all applicable Village building permit requirements
and other ordinance requirements.
I.
Additions to manufactured home. No permanent or semipermanent
structure shall be affixed to a manufactured home. This does not apply
to awnings or any expansion unit specifically manufactured for manufactured
homes.
J.
Patios. Each manufactured home site shall provide an appropriate
outdoor living space of not less than 225 square feet to supplement
the interior living space of a manufactured home.
K.
Storage.
(1)
Storage facilities shall be provided for the active storage
of outdoor equipment, furniture or tools which are used frequently,
and/or for the inactive storage of such materials which are used only
seasonally or infrequently, and cannot be stored in the manufactured
home.
(2)
There shall be a minimum of 100 square feet provided for general
storage for each manufactured home site, exclusive of the manufactured
home. This may be achieved by a garage or storage unit.
(3)
Storage structures should be designed to enhance the appearance
of the development, constructed out of materials similar to the manufactured
home, coordinated with the appropriate landscaping plan, designed
to provide for hazardous weather protection and must be maintained
in coordination with other features of the manufactured home.
(4)
No individual storage facilities for gasoline, oil, gas, liquefied
petroleum or other fuel storage tanks or cylinders shall be permitted
unless a piping from such a facility is permanently installed with
an earth cover of 18 inches.
L.
Garbage. Garbage and waste areas shall be fenced in and completely
screened from public rights-of-way.
M.
Streets and sidewalks.
(2)
All residential parking will be off-street. No on-street parking
is allowed.
(3)
Off-street parking shall be provided in front and side yards
only. Two off-street parking spaces shall be provided per dwelling
unit. The off-street parking surface shall be covered with a concrete
surface. Each space shall be no less than 10 feet wide and 20 feet
deep. Enclosed garage space shall not count toward the required off-street
parking requirements.
A.
Declaration of policy. In the development and execution of these
sections regulating the location of adult business uses, based upon
experiences and studies prepared in various communities, it is recognized
that adult business uses, by virtue of their nature, have serious
objectionable operational characteristics which can have a deleterious
effect upon areas adjacent to them. Special regulation of these uses
is necessary to ensure that these adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhood. The
primary purpose of these regulations is to control the concentration
or location of these uses to the fullest extent allowable by law,
in order to eliminate such adverse effects. It is not the intent of
these sections to deny adults access to sexually oriented materials
and services or the providers of such materials and services their
market in a manner that is inconsistent with the law.
B.
Restrictions on the location of adult business uses.
(1)
No adult business use, either as a permitted use or as a special
use, shall be maintained:
(a)
Within 1,000 feet of the property line of another adult business
use.
(b)
Within 1,000 feet of any of the residential or agricultural
zoning districts provided for under this chapter.
(c)
Within 1,000 feet of a single-family dwelling, church or other
place of worship, child-care center, nursing home, independent or
assisted-living facility, school, library, park, forest preserve,
open space, or other publicly operated recreational facility.
(2)
The distances provided for in this section shall be measured by following
a straight line, without regard to intervening structures, from a
point on the property or the land use district boundary line from
which the proposed use is to be separated.
C.
Restrictions on operation.
(1)
No adult use shall be conducted in any manner that permits the
observation of any material depicting, describing or relating to specified
anatomical areas or specified sexual activities from any public way.
This shall apply to any display, decoration, sign, show window or
other opening. No person shall operate or cause to be operated an
adult use within any premises wherein alcoholic beverages are served,
sold or consumed.
(2)
No person under the age of 21 shall be allowed on the premises.
(3)
All "viewing areas," which shall be defined as the area where
a patron or customer would ordinarily be positioned while watching
a film or viewing device, shall be visible from a continuous main
aisle or public room and shall not be obscured by any curtain, door,
wall or other enclosure.
(4)
There shall be no aperture whatsoever in any wall or partition
between viewing areas.
(5)
Each viewing area shall be lighted at a minimum level of 10
footcandles in all parts thereof.
(6)
Within an establishment selling or renting books, magazines,
or films to the general public, an insubstantial section may display,
rent or offer for sale items distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas with the following
restrictions:
(a)
The area shall be set aside, blocked off or of
limited access to adults only, with clearly marked signs indicating
that this area contains adult-only items.
(b)
The area shall be arranged in such manner that
the display is not visible to the general public.
(c)
There shall be suitable measures installed to ensure
that adults only have access.
(7)
Except in connection with the service of beverages or receiving
payment for such beverages, no establishment shall allow an employee
to have physical contact with a patron or allow an employee's person
to be within 10 feet of any patron.
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to all outdoor storage:
A.
Outdoor storage is hereby defined as the keeping, in an unroofed
area, of any goods, material, merchandise, or raw materials in the
same place for more than 48 hours. The area within any structure which
does not include a roof and at least one wall shall constitute an
"unroofed area."
B.
No goods, material, merchandise or raw materials intended for
sale at retail shall be stored or stacked so that the height of such
stored goods, material, merchandise or raw materials exceeds 42 inches.
Individual items whose height exceeds 42 inches may be stored but
shall not be stacked so as to exceed the height of an individual item.
C.
No goods, material, merchandise or raw materials shall be stored
in such a manner so as to restrict or otherwise affect surface water
drainage.
D.
All nonpackaged goods, material, merchandise or raw materials
shall be stored in such a manner so as to prevent the dispersal of
such goods, material, merchandise or raw materials by the elements,
such as wind and rain.
E.
All goods, material, merchandise or raw materials shall be stored
on a permanent durable surface.
F.
Except for raw materials intended to be sold in bulk or merchandise
which is not customarily offered for sale in containers or packages,
all goods, materials, merchandise or raw material intended for retail
sale shall be stored in containers or packages.
G.
No goods, material, merchandise or raw materials shall be stored
on a public sidewalk so as to impede the orderly flow of pedestrian
movement or create an unsafe condition for pedestrians.
H.
No goods, material, merchandise or raw materials shall be stored
on any zoning lot:
(1)
Within 15 feet of the ingress entrance or egress exit for that
zoning lot to any public street or any ingress entrance or egress
exit to any adjacent zoning lot;
(2)
Within any side yard or rear yard setback or within 15 feet
of any side or rear lot line, whichever is greater; provided, however,
if said zoning lot has a zero side yard or rear yard setback and screening
is installed along said setback, then such storage may occur adjacent
to said screening; and
(3)
In the front yard within 15 feet of the lot line on dedicated
roads or within 65 feet of the center line on nondedicated roads.
I.
Except as otherwise allowed pursuant to the terms of a special
use permit, the total area of outdoor storage per zoning lot shall
not exceed 500 square feet.
J.
All storage areas for waste collection and solid waste dumpsters
shall be confined in an enclosed area that is screened on all sides
with opaque screening of at least six feet in height. All storage
areas for waste collection and solid waste dumpsters for new construction
shall be constructed of a masonry-type material.
K.
Vehicles stored for repair shall be located within an area screened
on all sides with opaque screening of at least six feet in height.
L.
All screening shall be installed and maintained in a sound condition
and shall be constructed so as to not restrict or otherwise affect
the surface water drainage. Except as otherwise provided herein, all
screening shall be of a material and color which are consistent and
compatible with those of the principal structure on the zoning lot.
Screening shall not obstruct sight distance to or from any public
street so as to impede or otherwise create a hazard for vehicular
or pedestrian traffic.
Outdoor sales, including farmer's markets, merchandising, and
promotional displays, are permitted in all zoning districts, subject
to the following:
A.
The use shall be located so as to have direct vehicular access
to a public street.
B.
No sales or display activity shall be located on a public right-of-way.
C.
The location of materials for sale shall not be located so as
to block visibility for vehicles or pedestrians on or off the lot
in a manner that would create a safety hazard.
D.
All trash and debris is to be removed daily.
The following uses of land are permitted in all zoning districts
(unless specifically restricted to a particular zoning district),
subject to the specific regulations and time limits as described herein
and to the other applicable regulations of the district or districts
in which they are located. Such uses must be approved by the Zoning
Officer through issuance of a permit. The temporary use permit shall
specify the location of the building, yard, or use, and the area of
the permitted operation. Temporary uses must satisfy the applicable
conditions as follows:
A.
Construction trailers.
(1)
A licensed contractor engaged in a construction project for which
a building permit has been issued by the Village may temporarily use
a construction trailer for office facilities in the location where
work is being done, provided that such construction trailer shall:
(a)
Be placed only upon the property for which a building
permit was issued authorizing construction, and not in any public
right-of-way.
(b)
Not be placed more than 14 days prior to the commencement
of the work for which the building permit was issued.
(c)
Not contain sleeping accommodations or cooking
facilities.
(d)
Be removed within 14 days after the completion
of the work for which the building permit was issued.
(2)
Each permit shall be valid for a period of not more than six
calendar months, and shall not be renewed for more than two successive
periods at the same location.
B.
C.
Seasonal sales lots.
(1)
Material for seasonal sales (Christmas trees, pumpkins, etc.)
shall not be located in any right-of-way.
(2)
The location of materials for sale are not to be located so
as to block visibility for vehicles or pedestrians on or off the lot
in a manner that would create a safety hazard.
(3)
The sales shall be limited to between the hours of 7:00 a.m.
and 9:00 p.m., and for a period not to exceed 60 days, unless an application
is made requesting renewal of such permit and such renewal is granted
by the Zoning Officer. No such permit shall be granted and renewed
for a total time period of greater than six months within a calendar
year.
[Amended 6-10-2009 by Ord. No. 09-036]
(4)
Use of a public address system or loudspeaker is expressly prohibited.
(5)
All trash and debris is to be removed daily.
(6)
Written consent from the property owner, or the authorized agent
of the property owner, shall be provided to the Zoning Officer.
(8)
All materials shall be removed within 48 hours of the end of
operation.
(9)
Seasonal sales shall be permitted in the following zoning districts:
A-1 Agricultural District and all nonresidential zoning districts.
[Amended 6-10-2009 by Ord. No. 09-036; 10-24-2018 by Ord. No. 18-055]
A.
Purpose. The purpose of this section is to establish a set of
comprehensive regulations pertaining to the location, siting, development,
design and permitting of wireless communications facilities (WCFs)
and small wireless facilities within all zoning districts established
within the Village in order to:
(1)
Facilitate the development of WCF and small wireless facilities
infrastructure for commercial, public and emergency use;
(2)
Encourage the co-location of WCFs and small wireless facilities;
(3)
Encourage owners, operators or users of WCFs and small wireless
facilities to configure them in a manner that minimizes the adverse
impacts thereof;
(4)
Enhance the ability of wireless services providers to provide
such services within the Village quickly, efficiently, and effectively;
(5)
Establish the rules and procedures for reviewing zoning applications
for WCFs and small wireless facilities, where applicable; and
B.
Scope. This section shall apply to all WCFs and small wireless
facilities, whether such WCFs are established as a principal use,
a special use, or an accessory use, or a small wireless facility is
established as a permitted use in zoning districts classified as commercial
or industrial pursuant to 50 ILCS 840/15(c), or as a special use pursuant
to this section, unless otherwise exempted from this section.
C.
Exemptions. The following uses and activities are exempt from
the provisions of this section:
(1)
Satellite dishes one meter (39.3 inches) or less in diameter;
(2)
Any tower or antenna owned and operated by a federally licensed
amateur radio station operator, citizen's band radio operator or for
private noncommercial radio or over-the-air television reception or
which is used exclusively to receive and not to transmit, provided
that no such exempt receive-only antennas shall exceed the highest
point on the nearest rooftop of any residential dwelling or structure
by more than 10 feet;
(3)
Antennas or equipment located entirely within a structure in
existence as of the adoption of this section used to enhance or facilitate
communication functioning of other structures on the same site as
the structure in question;
(4)
WCFs or small wireless facilities located on property owned
or leased or otherwise controlled by the Village, provided that the
Village has entered into a license, use agreement, or lease with respect
thereto that has been authorized by the Board of Trustees;
(5)
Except as otherwise hereinafter specifically provided, WCFs
in existence as of the date of passage of this ordinance[2] (including the routine maintenance thereof that does not
materially alter the visual impact or appearance thereof) shall be
exempt from this section, but any modifications or changes thereto
shall comply fully with the requirements of this section;
[2]
Editor's Note: "This ordinance" refers to Ord. No. 18-055,
adopted 10-24-2018.
(6)
Any WCF or small wireless facility used exclusively by a public
safety agency for governmental law enforcement, fire, emergency medical
service or emergency management service communications; and
(7)
The requirements of this chapter requiring certain minimum lot
sizes or depths, bulk ratios or lot coverage ratios or prohibiting
multiple structures on a zoning lot or tract of land shall not apply
to special use permit applications made under this section. Notwithstanding
the foregoing, no tower to be used in connection with a WCF may be
located on a residentially zoned lot used for residential purposes
consisting of less than two acres.
(8)
Small wireless facilities (SWF) and wireless support structures
(WSS) as defined by 50 ILCS 840/10 that are located within rights-of-way
or on private property zoned I-1, I-2, and C-1 through C-6 shall be
considered to be permitted uses subject to administrative review and
approval.
D.
ANCILLARY BUILDING
ANTENNA
CO-LOCATION
GUYED TOWER
HEIGHT
HISTORIC LANDMARK
(1)
(2)
LATTICE TOWER
MAST
MICRO WIRELESS FACILITY
MONOPOLE TOWER
PUBLIC SAFETY AGENCY
SMALL WIRELESS FACILITY
STEALTH DESIGN
TOWER
UTILITY POLE
VILLAGE UTILITY POLE
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
The buildings, structures, enclosures and equipment required
for the operation of a WCF, including but not limited to base station
radios and radio frequency modules, backhaul network equipment, battery
and signal routing and modulation equipment, power transmission equipment,
including switches and breakers, ventilators and electrical and mechanical
equipment.
A system of electrical conductors that transmit or receive
electromagnetic waves, or radio frequency signals, including waves
or signals for radio, television, cellular, paging, wireless services,
or other voice, video, or data communications services.
The use of the same tower or structure to carry two or more
antenna arrays for the provision of radio, television, cellular, paging,
personal telecommunications or other communications services or to
install, mount, maintain, modify, operate, or replace wireless facilities
on or adjacent to a wireless support structure or utility pole.
Any tower that is supported by the use of guy wires or cables
that are permanently anchored to the ground.
The distance measured between the ground level at the base
of any WCF, SWF, or component thereof and the tallest point thereon.
A building, property, or site, or group of buildings, properties,
or sites that are either:
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register,
the individual who has been delegated the authority by the federal
agency to list properties and determine their eligibility for the
National Register, in accordance with Section VI.D.1.a.i through Section
VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47
CFR Part 1, Appendix C; or
Designated as a locally landmarked building, property, site,
or historic district by an ordinance adopted by the Village pursuant
to a preservation program that meets the requirements of the Certified
Local Government Program of the Illinois State Historic Preservation
Office or where such certification of the preservation program by
the Illinois State Historic Preservation Office is pending.
Any tower that utilizes an open framework of lateral cross
members to stabilize the tower.
Any vertical element such as a tube or rod that supports
an antenna.
A small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width, and 12 inches in height
and that has an exterior antenna, if any, no longer than 11 inches.
Any tower consisting of a single upright pole designed and
engineered to be self-supporting and that does not use guy wires,
cables or any form of lattice or lateral cross members for support
or stability.
The functional division of the federal government, the state,
Will County, the Village of Homer Glen, or a special purpose district
located in whole or in part within the Village, that provides or has
authority to provide firefighting, police, ambulance, medical, or
other emergency services to respond to and manage emergency incidents.
A wireless facility that meets both of the following qualifications:
i) each antenna is located inside an enclosure of no more than six
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and ii) all
other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than 25 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume; electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cutoff switch, and vertical
cable runs for the connection of power and other services.
The process of locating and constructing a WCF (including
its antennas and towers and ancillary structures) or a small wireless
facility in such a manner as to camouflage, conceal or disguise the
facility or otherwise render the facility unrecognizable as a WCF
or as a small wireless facility.
Any vertical structure intended primarily for supporting
any antenna or mast for use in connection with the provision of radio,
television, cellular, paging, personal telecommunications or other
communications services.
A pole or similar structure that is used in whole or in part
by a communications service provider or for electric distribution,
lighting, traffic control, or a similar function.
A utility pole owned or operated by the Village of Homer
Glen in public rights-of-way.
An unstaffed facility used for transmitting or receiving
waves or signals for radio, television, cellular, paging, wireless
services, including antennas, towers, wireless support structures
other than towers, and ancillary buildings.
Any person authorized to provide telecommunications service
in the state that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures, or utility
poles and that is not a wireless services provider but is acting as
an agent or a contractor for a wireless services provider for the
application submitted to the authority.
A wireless infrastructure provider or a wireless services
provider.
Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory
basis using licensed or unlicensed spectrum, whether at a fixed location
or mobile, provided using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or other existing or proposed
structure designed to support or capable of supporting wireless facilities.
"Wireless support structure" does not include a utility pole.
E.
Performance standards.
(1)
Equipment. Mobile or immobile equipment of any kind not actively
or continuously being used in the operation, maintenance, repair or
upkeep of a WCF or small wireless facility shall not be stored, parked
or kept on any site where a WCF or small wireless facility is located.
Backup generators shall only be utilized during actual power outages
and for testing and maintenance purposes. Testing and maintenance
of generators shall only occur on weekdays between the hours of 9:00
a.m. and 5:00 p.m.
(2)
Lighting. No signals or lights or illumination shall be permitted
on a WCF unless required by the Federal Communications Commission
(FCC), the Federal Aviation Administration (FAA), or by Village ordinances.
If lighting is required, a lighting plan must also be submitted to
the Village depicting the effect of light emanating therefrom on all
residential dwellings located within 1,500 feet of the WCF.
(3)
Signs. Except as otherwise required or permitted by the FCC,
no WCF or small wireless facility shall be used or serve as a sign
or bear any advertising emblem or logo other than the name of the
owner or operator of the WCF, its address and emergency contact information,
and such signage shall not exceed four square feet. Aerial or underground
cabling utilized to provide power or communications to a WCF or small
wireless facility may be tagged by a wireless provider to establish
ownership of the cabling.
(4)
Aesthetics. WCFs and the component portions thereof shall comply
with the following requirements:
(a)
Towers shall, subject to any applicable standards
of the FAA, maintain a galvanized metal finish or shall be painted
a neutral color that minimizes contrast with the surrounding environment
so as to reduce visual obtrusiveness.
(b)
At a WCF site, the design of any base station equipment
shelter buildings and related structures, or ground-mounted appurtenances
for a small wireless facility, shall, to the fullest extent possible,
use materials, colors, textures, screening, and landscaping that will
blend them into the natural settings and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, such as a utility pole as defined above, the antenna
and supporting network, electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(d)
Any tower constructed after the date of passage
of this ordinance[3] shall utilize a monopole design. Towers constructed exclusively for the purpose of communications of a public safety agency or between public safety agencies shall be exempted from this Subsection E(4)(d).
[3]
Editor's Note: "This ordinance" refers to Ord. No. 18-055,
adopted 10-24-2018.
(e)
Antennas must be located on or in structures already
permitted within zoning districts, such as water towers, clock towers,
streetlights, penthouses, parapet walls, and steeples, and must be
designed to blend in with the structure. Antennas that co-locate on
existing wireless telecommunications towers are also considered stealth
design.
(f)
No antenna may increase the overall height of any
structure on which it is mounted by more than 10 feet. If an antenna
exceeds such additional height, it is not considered stealth design
and requires special use approval.
(g)
Any proposed project that defeats the concealment
elements of the support structure per 47 CFR § 1.40001(b)(7)(v)
will require special use approval.
(h)
The standards stated in Subsections E(4)(a) through (g) shall apply where applicable to the location of a WCF or small wireless facility on or adjacent to an historic landmark building, structure, property, or site as defined herein. A WCF or small wireless facility shall be designed in such a manner as to comply with the criteria for historic preservation as required by the National Register of Historic Places or the Illinois State Historic Preservation Office.
(i)
Any such design or concealment measures, including
restrictions on a specific category of poles, may not have the effect
of prohibiting any wireless provider's technology. Such design and
concealment measures shall not be considered a part of the small wireless
facility for purposes of the size restrictions of a small wireless
facility.
(j)
A WCF or small wireless facility that does not
utilize stealth design may be approved at a meeting open to the public
and the wireless service provider has demonstrated infeasibility if
the facility is subjected to stealth design and/or that the facility
will be designed to the least intrusive means possible.
(k)
A WCF or small wireless facility that utilizes a generator or air-conditioning unit shall comply with noise requirements established under Chapter 220 of the Village Code.
(l)
A wireless provider operating a WCF or small wireless
facility shall verify that the proposed WCF or small wireless facility
will either comply with the FCC's guidelines for human exposure to
radio frequency (RF) electromagnetic fields or will be categorically
excluded from having to determine compliance with the guidelines per
47 CFR 1.1307(b)(1). If WCFs are proposed for co-location, the verification
must show the total exposure from all facilities taken together meets
the FCC guidelines.
(5)
Location and priority.
(a)
The following types of locations for WCFs, small
wireless facilities, and wireless support structures are listed below
in order of their desirability for constructing a proposed WCF, or
small wireless facility or wireless support structure that is not
a permitted use:
[1]
Co-location on an existing WCF.
[2]
On an existing structure utilizing stealth design.
[3]
On an existing structure of sufficient height not
requiring the construction of a new or additional tower.
[4]
On property owned by a unit of government.
[5]
On nonresidentially zoned property.
[6]
On residentially zoned property not presently used
for residential purposes.
[7]
On residentially zoned property used for residential
purposes consisting of more than two acres.
(b)
Priority.
[1]
To minimize the adverse visual impact of WCFs,
small wireless facilities, and wireless support structures, antennas,
and such facilities are allowed as special uses in the following order
of priority for location. If lower priority locations are requested,
the applicant may be required to provide engineering data certified
by the appropriate licensed professionals, or other information the
Village deems necessary, that the use of a higher priority location
is not technically or otherwise feasible, and that the requested location
is a matter of engineering necessity. A lower priority location shall
not prohibit or have the effect of prohibiting wireless service.
[a]
First-priority sites are the I-1, I-2, P-1, and
C-5 Districts. In addition, any stealth design of antennas is a first-priority
site. Siting on park property shall depend on the setback distance.
Siting on park property with an area of more than 10 acres is preferred.
[b]
Second-priority sites are the C-2, C-3, and C-4
Districts.
[c]
Third-priority sites are the C-1 and C-6 Districts.
[d]
Fourth-priority sites are the R-1, R-2, R-3, R-4,
R-5, and R-6 Districts.
[2]
A WCF, small wireless facility, or wireless support
structure located in a zoning district in a low-priority area (Priority
levels [c] and [d]) may be allowed if they are approved at a meeting
open to the public and the wireless service provider has demonstrated
that the facility will meet the least intrusive means possible.
(6)
Setbacks. No portion of any WCF 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.
(7)
Height.
(a)
WCF. No tower constructed in any nonresidential
zoning district shall exceed 150 feet in height. No portion of any
WCF in any residential zoning district shall exceed 75 feet in height.
All future modifications of existing towers or WCFs shall comply with
the foregoing requirements. No co-location or location of any WCF
in or on an existing structure shall increase the height thereof by
more than 15 feet.
(b)
Small wireless facilities. The Village shall limit
the maximum height of a small wireless facility to 10 feet above the
utility pole or wireless support structure on which the small wireless
facility is co-located, subject to the structure on which the small
wireless facility is co-located. Subject to the Village's variance
process, the Village may limit the height of new or replacement utility
poles or wireless support structures on which small wireless facilities
are co-located to the higher of:
[1]
Ten feet in height above the tallest existing utility
pole, other than a utility pole supporting only wireless facilities,
that is in place on the date the application is submitted to the Village,
that is located within 300 feet of the new or replacement utility
pole or wireless support structure and that is in the same right-of-way
within the Village's jurisdictional boundary. The Village may designate
which intersecting right-of-way within 300 feet of the proposed utility
pole or wireless support structures shall control the height limitation
for such facility; or
[2]
Forty-five feet above ground level.
(8)
Compliance with standards and codes.
(a)
Any wireless services provider shall maintain its
facility in compliance with the standards contained in the current
applicable local building codes, and the applicable standards for
telecommunications towers that are published by the Electronics Industry
Association (EIA) and the Telecommunications Industry Association
(TIA) as may be amended from time to time. Small wireless facilities
shall comply with the applicable standards that are published by the
American National Standards Institute (ANSI) and the National Electrical
Safety Code (NESC). If, upon inspection, the Village concludes that
an antenna, tower, utility pole, WCF, small wireless facility, or
wireless support structure fails to comply with such codes or standards,
and constitutes a danger to persons or property, then upon written
notice being provided to the provider of the antenna, tower, utility
pole, WCF, small wireless facility or wireless support structure,
the provider shall have 30 days to bring such antenna, tower, utility
pole, WCF, small wireless facility or wireless support structure into
compliance with the applicable codes and standards.
(b)
Towers must be able to withstand wind and ice forces
in accordance with standards established under American National Standards
Institute/Telecommunications Industry Association (ANSI/TIA) Section
222-G, or its successor, and the 2015 International Building Code
(IBC-2015) or its successor. Small wireless facilities or micro wireless
facilities mounted on utility poles or Village utility poles must
be able to withstand wind and ice forces in accordance with ANSI-C2-2012
code standards, or its successor, or in the case of micro wireless
facilities, the NESC, and any other applicable safety codes and standards.
(9)
No location in wetland. No antenna, tower, utility pole, WCF,
small wireless facility, or wireless support structure shall be located
in an area which has been designated as a wetland by either the Village
of Homer Glen, Will County, the Illinois Department of Natural Resources,
the United States Department of the Interior, or the United States
Army Corps of Engineers, and any and all governmental bodies and agencies
having jurisdiction.
(10)
Cessation of use.
(a)
Cessation of use of a WCF. Upon discontinuance
or cessation of use of the WCF, the facility shall be removed, first
by the owner of the WCF, and secondly by the entities that may be
co-located on the facility. It is to be encouraged that all contracts
for lease of property for the use of a WCF contain a provision requiring
the WCF owner to remove the WCF at cessation of use. If there is no
viable entity with means to remove the WCF due to bankruptcy, dissolution
or the like, the obligation to remove the WCF shall become that of
the owner of the land upon which the WCF is located. Upon removal,
efforts shall be made to restore the land used by the WCF to either
its pre-WCF condition or to be compatible with the then-current condition
of the surrounding land. If the removal is not performed in a timely
manner, the Village may remove the WCF, restore the land, and assess
the cost of removal and restoration to the owner of the WCF, any co-located
wireless providers, or the owner of the land upon which the WCF is
situated. By virtue of applying for a permit for a WCF, the owner
of the WCF consents to pay for all reasonable removal and restoration
charges that may be incurred by the Village, but that does not eliminate
the landowner's obligations if collection from the owner of the WCF
is impracticable or impossible.
(b)
Cessation of use of a small wireless facility or
wireless facility structure. A small wireless facility that is not
operated for a continuous period of 12 months shall be considered
abandoned and the owner of the facility must remove the small wireless
facility within 90 days after receipt of written notice from the Village
notifying the owner of the abandonment. The notice shall be sent by
certified or registered mail, return receipt requested, by the Village
to the owner at the last known address of the owner. If the small
wireless facility is not removed within 90 days of such notice, the
Village may remove or cause the removal of the facility pursuant to
the terms of its pole attachment agreement for Village utility poles.
The Village shall also recover its cost for removal of the facility
in the event that it is compelled to remove the facility as an abatement
of a nuisance or in the event that the owner has not responded to
multiple requests for removal by the owner.
(c)
The Village may require a wireless provider to
provide written notice to the Village if it sells or transfers small
wireless facilities subject to this Act[4] within the Village. Such notice shall include the name
and contact information of the new wireless provider.
[4]
Editor's Note: See 50 ILCS 840.
F.
Special use permit required; application submittal and process.
(1)
No WCF (or any other structure or facility intended primarily
to serve or function as a component of a WCF) shall be established,
constructed, maintained, or operated in the E-1, E-2, and R-1 through
R-6/R-6A Zoning Districts, unless such WCF is located either on a
municipal water tower, park property, or on an existing telecommunications
tower in which case a special use permit must be obtained in accordance
with the applicable requirements of this section. Any WCF that is
located in the E-1, E-2 and R-1 through R-6/R-6A Zoning Districts
prior to the effective date of this ordinance[5] shall not be subject to the requirements stated in this Subsection F(1). No small wireless facility to be located/proposed for location outside of a public right-of-way in the E-1, E-2, R-1 through R-6/R-6A, A-1 and A-2, and P-1 Zoning Districts, shall be established, constructed, maintained, altered, reconstructed or operated within the Village without first obtaining a special use permit in accordance with the applicable requirements of this section, and in accordance with all other applicable special use permit requirements established under this chapter, as amended; provided, however, that in the event of any conflict between the provisions of this section and the provisions of any other portion of this chapter concerning the application process for a special use permit for a WCF or small wireless facility, the provisions of this section shall be deemed controlling. No application for a WCF or small wireless facility special use permit shall be deemed to have been submitted to the Village unless and until all submittal requirements established by this section have been satisfied. Applicants are strongly encouraged to schedule a preapplication conference with Village staff to review the requirements of this section and to assist in facilitating the expeditious preparation and review of the application.
[5]
Editor's Note: "This ordinance" refers to Ord. No. 18-055,
adopted 10-24-2018.
(2)
Application submittal requirements. All applications for special
use permits to establish, construct, operate or maintain a WCF within
the Village shall be accompanied by the following documentation, and
shall be made on such form as the Village shall adopt from time to
time:
(a)
A scaled site plan clearly indicating the location,
type and height of the proposed WCF, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
Comprehensive Plan classification of the site and all adjoining, adjacent
roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography, parking, and other information deemed by the Zoning Administrator
to be necessary to assess compliance with this chapter.
(b)
Copies of all licenses, franchises or permits of
any nature or kind required to lawfully construct and operate the
proposed WCF (other than the special use permit that is the subject
of the application).
(c)
Legal description of the parent tract and leased
parcel (if applicable) and the zoning classification thereof. Such
information shall be provided on a survey prepared by an Illinois
licensed surveyor.
(d)
The setback distance between the proposed WCF and
the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties, as well as from all
lot lines of the proposed WCF site.
(e)
An inventory of all existing WCFs in the Village
or WCFs authorized and/or under construction in the Village.
(f)
The separation distance from other WCFs described
in the inventory of existing sites submitted hereunder shall be shown
on an updated site plan or map. Such map shall also depict the radiofrequency
range and coverage areas of all such existing WCFs, with an overlay
indicating the radiofrequency range and coverage area of the proposed
WCF. The applicant shall also identify the type of construction of
the existing WCFs and the owner/operator of the existing WCFs, if
known.
(g)
A landscape plan showing specific landscape materials,
and which demonstrates, at a minimum, full landscape screening of
all ancillary buildings associated with a WCF.
(h)
Method of fencing and finished color and, if applicable,
the method of camouflage and illumination.
(i)
A description of the means by which the applicant
will achieve compliance with this section and all applicable federal,
state or local laws.
(j)
An affidavit attesting to the ability of the tower
to accommodate co-location of additional antennas for future users,
and a feasibility study indicating the ability of the proposed WCF
to accommodate at least two additional antenna co-locations in the
future.
(k)
Identification of the entities providing the backhaul
network for the tower(s) described in the application and other cellular
sites owned or operated by the applicant in the Village.
(l)
A description of the suitability of the use of
existing towers, other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new WCF.
(m)
A description of the feasible location(s) of future
towers or antennas within the Village based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(n)
An affidavit from the applicant attesting to the
applicant's receipt of a copy of this section, that the applicant
has read and understood the provisions of this section, and that the
individual signing the application on behalf of the applicant has
knowledge of the contents of the application and supporting submittals
and the truth and completeness thereof. If the owner of the site where
the WCF is proposed to be located is different from the applicant,
the owner shall also sign a like affidavit as well as the application
form.
(o)
A statement that the proposed WCF shall be maintained
in accordance with the provisions of this section, all other applicable
ordinances of the Village of Homer Glen and with all applicable state
and federal laws, and c.5onsistent with the best practices of the
WCF industry as the same shall evolve from time to time.
(p)
A certification that the proposed WCF will not
cause interference with existing telecommunications devices or services
within the Village signed by an Illinois licensed professional engineer.
(q)
A certification signed by a licensed Illinois professional
engineer stating that the site of the proposed WCF has been reviewed
and found to be geologically and topographically capable of supporting
the proposed WCF safely. Such certification shall be provided in addition
to all other engineering plans and submittals required by Village
ordinance for any land development activity, however, inclusion of
geologic and topographic capability included in a structural evaluation
prepared by a licensed Illinois professional engineer shall meet the
requirements of this subsection.
(r)
A written disclosure of the existence of any agreement
in existence prior to the date of the application that would preclude
or have the effect of precluding the applicant from allowing others
to co-locate antennas at or on its WCF.
(s)
With respect to applications involving the construction of a new WCF, a report detailing all efforts by the applicant to obtain co-location at or on an existing WCF, to obtain the use of appropriate buildings or structures within the Village as a location for antennas without the construction of any new tower, and the location and zoning classification of all other possible WCF site locations investigated by the applicant. Such report shall in particular explain the reasons for any departures from the locational preferences established in Subsection E(5). The Village may enlist the assistance of an independent third-party expert with experience in wireless facility siting to evaluate the applicant's determination that existing WCFs, or appropriate buildings or structures were insufficient for construction of a new WCF. The cost of the third-party evaluation shall be paid by the applicant if it is determined by the third-party expert that a location other than that requested by the applicant would meet the needs of the applicant and the Village.
(t)
A visual impact study including a depiction of
all locations within the Village from which the WCF may be seen, artist's
renderings of the appearance of the proposed WCF location as it exists
at the time of the application and the proposed appearance of the
WCF upon completion of the construction of the WCF.
(u)
A written report indicating whether or not the
proposed WCF or any component thereof will require lighting under
any applicable FAA rule or regulation. If the report indicates that
the FAA may require lighting, the applicant shall also be required
to provide written documentation from the FAA detailing the specific
lighting requirements applicable to the proposed WCF, and the manner
in which the applicant intends to comply therewith.
(v)
A written report prepared by an Illinois licensed
professional engineer analyzing the necessity of the proposed height
of any tower proposed to be part of the WCF in order to render adequate
service within the corporate limits of the Village, and shall further
demonstrate that the proposed tower height is the minimum height capable
of rendering adequate service.
(w)
A written commitment from a party to use the WCF,
if constructed, to provide communications services. Such commitment
may be included as a condition stated within a permit application
for WCFs or small wireless facilities.
(3)
In addition to the foregoing, the following information shall
be requested for a small wireless facility or wireless support structure:
(b)
The location where each proposed small wireless
facility or utility pole would be installed and photographs of the
location and its immediate surroundings depicting the utility poles
or structures on which each proposed small wireless facility would
be mounted or location where utility poles or structures would be
installed;
(d)
The equipment type and model numbers for the antennas
and all other wireless equipment associated with the small wireless
facility;
(e)
A proposed schedule for the installation and completion
of each small wireless facility covered by the application, if approved;
and
(f)
Certification to the best of the applicant's knowledge
that the co-location complies with requirements of 50 ILCS 840/15(d)(6)
regarding interference with frequencies used by a public safety agency
for public safety communications.
(4)
Application review process.
(a)
Upon receipt of a completed application for a special
use permit, the Village shall schedule a hearing before its Plan Commission
upon not more than 30 days' nor less than 15 days' notice published
in a newspaper of general circulation within the Village. The applicant
shall, not more than 30 days nor less than 15 days before the date
of the public hearing, post signage on the site of the proposed WCF
or small wireless facility indicating the date, time and place of
the public hearing. One sign shall be posted for every 500 feet of
street frontage of the proposed site, but in no event shall less than
one sign be posted on the property. All such signage shall be visible
from an adjacent public right-of-way. The date of such public hearing
shall be not more than 60 days after the date of the receipt of the
competed special use permit application.
(b)
At or before the public hearing, the applicant
shall present evidence to the Village that it has provided notices
as required by § 220-1206D, as amended.
(c)
At the public hearing, the Plan Commission shall
take sworn testimony from all persons desiring to speak on the subject
of the application. Upon request of the Village and at the expense
of the applicant, the applicant shall provide a court reporter to
transcribe the proceedings at the hearing and shall thereafter furnish
the Village with a transcript of such hearing not more than five days
after the conclusion thereof.
(d)
Within 15 days from the date of the public hearing,
the Plan Commission shall present its written recommendation to the
Village Board for approval or denial of the special use permit application
based upon the record formed at the public hearing.
(e)
Within 30 days after its receipt of the written
recommendation of the Plan Commission regarding the special use permit
application, the Village Board shall place the special use permit
application on its agenda for consideration at one or more public
meetings of the Village Board. Upon request of the Village and at
the expense of the applicant, the applicant shall provide a court
reporter to transcribe the proceedings at the meeting(s) pertinent
to the application, and shall thereafter furnish the Village with
a transcript of such meeting(s) not more than five days after the
conclusion thereof. After such consideration, the Village Board shall
render a final written decision on the application not more than 60
days after its receipt of the written recommendation of the Plan Commission.
Such written decision shall be based upon substantial evidence advanced
at the aforesaid public hearing and public meetings. In no event shall
the time between the Village's receipt of a complete application and
the Village Board's rendering of a written decision on the special
use permit application exceed 180 days, unless otherwise consented
to by the applicant.
(f)
All WCF or small wireless facility special use
permit applications shall be fully subject to the applicable professional
fee reimbursement ordinances of the Village, as the same are amended
from time to time.
(5)
Application review standards and criteria. In addition to any generally applicable standards for consideration of special use permit applications pursuant to § 220-1209, the Plan Commission and Village Board shall consider the following standards and criteria in determining whether to recommend or issue a special use permit:
(a)
Proximity of the tower to residential structures
and residential district boundaries;
(b)
Nature of uses on adjacent and nearby properties;
(c)
Surrounding topography;
(d)
Surrounding tree coverage and foliage;
(e)
Proposed ingress and egress;
(f)
Design of any tower to be part of the WCF, or utility
pole or Village utility pole for a small wireless facility or wireless
facilities structure with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness
and design characteristics relevant to the structural safety or soundness
of any such tower, pole or structure;
(g)
The impact of the WCF or small wireless facility
on the area within the Village reasonably affected by the WCF or small
wireless facility;
(h)
The efforts made by the applicant to investigate
alternative sites for the WCF or small wireless facility that would
reduce the impact of the WCF or small wireless facility on the surrounding
area;
(i)
The efforts made by the applicant to pursue co-location
or to design a WCF or small wireless facility that does not require
the construction of a new tower;
(j)
The effects of the construction of the WCF or small
wireless facility or wireless facility structure on the future development
of the Village in accordance with the Comprehensive Plan;
(k)
The effect of the construction of the WCF or the
small wireless facility on the provision and availability of telecommunications
services within the Village;
(l)
The extent to which the applicant has demonstrated compliance with or reasonable consideration of (as the case may be) the performance standards set forth in Subsection E; and
(m)
The effort, if any, made by the applicant to utilize
stealth design in connection with the proposed WCF, small wireless
facility, or wireless facilities structure.
G.
Variances.
(1)
Applicants seeking a special use permit for a WCF may apply
to the Village for a variance from the provisions of this section
on such form as may be prescribed from time to time by the Village.
Variance applicants shall be responsible to provide the Village with
all submittals required in connection with a special use permit application,
but the Zoning Officer shall have the discretion to waive one or more
required submittals upon his determination that the nature of the
variance being sought does not necessitate the consideration of a
particular submittal. Notwithstanding the foregoing, all variance
applicants shall submit a written report with the variance application
detailing the necessity and rationale for the requested variance,
which report shall at a minimum refer to the variance standards and
criteria hereinafter set forth.
(2)
In the review and consideration of variance applications, the
Plan Commission and Village Board shall utilize the following standards
and criteria:
(a)
Whether the variance sought will allow the applicant
to employ co-location or to eliminate the necessity for the construction
of a new tower.
(b)
Whether the need for the variance has been created
by any act of the applicant or of the owner of the site of the proposed
WCF.
(c)
Whether the conditions supporting the application
for the variance are unique in some way to the applicant and not generally
applicable to all parties proposing to construct or operate WCFs.
(d)
Whether the application for the variance relies
exclusively or predominantly upon a desire to avoid the costs of compliance
with this section or to generate additional revenue from the WCF.
(e)
Whether the application for the variance demonstrates
a genuine hardship in connection with its efforts to comply with this
section as opposed to a mere inconvenience.
(f)
Whether the granting of the variance would increase
any detrimental effects of the WCF on the area surrounding the site
of the proposed WCF when compared to compliance with the provisions
of this section.
(g)
Whether and to what extent the applicant has made
a good faith effort to fully comply with all of the provisions of
this section.
(3)
Variance application review process. Variance applications may be reviewed and processed individually or in connection with a special use permit application under this section. In either case, the process for review of a variance application made hereunder shall follow the same process as set forth in § 220-1207.
H.
Public safety access to WCF, small wireless facilities, and
wireless support structures.
(1)
Effective upon approval of this section, any public safety agency
defined above serving the Village of Homer Glen shall be allowed to
reserve space on a WCF at no charge to the Village, or on a Village
utility pole for future public safety uses, including co-location
of emergency communications equipment.
(2)
A reservation of space on a Village utility pole may not preclude
the co-location of a small wireless facility unless the Village reasonably
determines that a Village utility pole cannot accommodate both uses.
(3)
Any equipment installed by a public safety agency on a WCF or
small wireless facility shall not interfere with the wireless provider's
usage of the WCF, or small wireless facility, such that it would cause
unacceptable interference with the wireless provider's communications
equipment.
(4)
This section shall allow a public safety agency to share electrical
power supplied, by either the wireless provider or an electrical utility,
to the equipment of a public safety agency installed in a base station
of a WCF or the power distribution equipment of a small wireless facility,
or to add an emergency generator owned by the public safety agency
to the base station shelter building or platform serving a WCF.
A.
Agricultural exemptions. The provisions of Articles VIII and X shall not be exercised so as to impose regulations or require permits with respect to land on a zoning lot of 10 acres or more used or to be used for agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used or to be used for agricultural purposes upon such land; provided, however, the same shall be subject to building permit requirements; and, further, provided that a residence and its water supply and sewage disposal facilities in connection with an agricultural use shall not be exempt. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of Articles VIII and X apply. Notwithstanding the foregoing, in order to prevent flood damage and to preserve the flood-carrying capacity of streams, floodplain and wetland regulations shall apply to all buildings, structures, construction, excavation, and filling in the floodplain and wetland, whether or not the land, buildings, structures, construction, excavation or filling is for agricultural purposes.
B.
Public utility exemption. To the extent required by statute,
the type and location of any poles, towers, wires, cables, conduits,
vaults, laterals, or any other similar distributing equipment of a
public utility, excluding wireless telecommunications facilities,
is exempt from the requirements of this chapter. The Village Board
may waive, upon application by a public utility, subject to such other
reasonable requirements as may be imposed by the Village Board, the
requirements of this chapter with respect to the type, size, or location
of structures and other equipment or facilities of a public utility,
including but not limited to poles, towers, wires, cables, conduits,
vaults, laterals and fencing, when such waiver is necessary to protect
the public safety and for the security and protection of facilities
of the public utility. The application shall include a description
and plan depicting the structures and other equipment or facilities.
C.
Underground installations exemption. Pipelines and other underground
utilities, to the extent that the same are completely buried beneath
the surface of incidental or associated structures, installations,
or equipment, except markers used in connection with such pipelines
or other underground installations, and which protrude or are extended
above the surface of the soil, shall, to the extent of such protrusion
or extension, be subject to all of the applicable regulations hereof.
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to all residences
of the proprietor: That portion of the building designated as the
residence for the proprietor, when secondary to the business use on
the premises, shall not occupy more than 50% of the floor area. Such
living area shall be compliant with all current building and fire
codes.
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to rifle ranges,
pistol ranges, and trap and skeet ranges: The rifle range, pistol
range, trap and skeet range shall be located not less than 5,000 feet
from a residential use or zoning district, and provided such facilities
are located within an enclosed structure.
[Amended 9-9-2008 by Ord. No. 08-048; 10-28-2020 by Ord. No. 20-053]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to all outdoor seating
associated with a permitted restaurant:
A.
All seating areas must be enclosed by a railing, fence or wall
at least three feet in height. Railings and fences must be made with
metal or wood and visually coordinated with the storefront design.
B.
The outdoor seating area shall not exceed the width of the tenant
lease space. Where seating is permitted adjacent to a public sidewalk,
at least five feet in width of said sidewalk must remain unobstructed.
Such outdoor seating shall not be located within five feet of an accessibility
ramp or fire hydrants.
C.
Outdoor seating areas adjacent to parking spaces or drive aisles
must incorporate adequate protection from vehicular traffic. This
may include safety bollards, barriers, or other methods as approved
by the Village of Homer Glen.
D.
Outdoor seating located within 300 feet of any of the residential
lots shall require a special use permit.
E.
The furniture design should be consistent and complemented with
umbrellas or awnings, and landscaped planters.
F.
Up to an outdoor seating capacity of nine or less shall be approved
by the Zoning Administrator, subject to all the requirements set forth
above. All other seating areas, including seating areas interfering
with parking spaces or access to the building, shall require approval
through special use permit process of the Village of Homer Glen.
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to all automobile
repair, service and body shops:
A.
Disabled vehicles may not be stored longer than two weeks.
B.
Where vehicles are stored outdoors, vehicles must be screened
by a fence, wall or solid landscape screen adequate to conceal such
vehicles from adjacent properties and the public right-of-way. No
vehicles may be stored at a height greater than the screening, and
no stored vehicles may exceed 10 feet in height.
[Amended 9-9-2008 by Ord. No. 08-048]
Those businesses defined as industry and manufacturing, light and heavy, shall include the following categories, as defined by the 2007 North American Industry Classification System (NAICS). All uses must conform to the performance standards in accordance with § 220-813.
A.
Industry and manufacturing, heavy:
|
311
|
Food Manufacturing
| |
|
312
|
Beverage Manufacturing
| |
|
313
|
Textile Mills
| |
|
314
|
Textile Product Mills
| |
|
316
|
Leather and Allied Product Manufacturing
| |
|
321
|
Wood Product Manufacturing
| |
|
322
|
Paper Manufacturing
| |
|
332
|
Fabricated Metal Product Manufacturing
| |
|
333
|
Machinery Manufacturing
| |
|
336
|
Transportation Equipment Manufacturing
|
B.
Industry and manufacturing, light:
|
315
|
Apparel Manufacturing
| |
|
323
|
Printing and Related Support Activities
| |
|
334
|
Computer and Electronic Product Manufacturing
| |
|
335
|
Electrical Equipment, Applicant and Component
| |
|
337
|
Furniture and Related Product Manufacturing
| |
|
339
|
Miscellaneous Manufacturing
|
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to all mining and/or
extraction of minerals, sand, gravel, topsoil or other aggregates,
including equipment, buildings, structures for screening, crushing,
mixing, washing or storage:
A.
No open pit or shaft shall be less than 200 feet from any public
road or less than 500 feet from any adjacent residential district.
B.
All buildings or structures shall be located not less than 200
feet from any property line. All grinding or processing machinery
shall be located at the farthest point on the property from residential
uses as feasible.
C.
The borders of the property adjacent to or across the street
from any district other than an industrial district shall be fenced
with a solid fence, wall or landscape material at least six feet in
height.
[Amended 9-9-2008 by Ord. No. 08-048; 6-26-2019 by Ord. No. 19-013
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to the keeping of
farm animals for personal use only and enjoyment.
A.
Agricultural districts.
(1)
Number permitted.
(a)
The combined total number of mature animals per
acre shall be limited in accordance with the following table:
|
Animal
|
Number of Animals per Acre
|
|---|---|
|
Mule
|
1 = 1 unit
|
|
Cow
|
1 = 1 unit
|
|
Pig
|
1 = 1 unit
|
|
Sheep
|
2 = 1 unit
|
|
Goat
|
2 = 1 unit
|
|
Fowl, poultry
|
20 = 1 unit
|
|
Fur-bearing animals (except dogs and cats)
|
20 = 1 unit
|
(b)
The Zoning Officer shall be empowered to determine
the value in animal units for mature animals not listed above.
(2)
Setback requirements. All structures for the keeping of farm
animals are required to maintain a setback of at least 50 feet from
all property lines. In addition, all such structures shall also maintain
the rear yard setback requirement for primary structures in their
applicable agricultural district.
B.
Single-family Residential Districts. The following regulations
shall apply to the keeping of chickens and bees in the R-1 through
R-5 Single-Family Residential Districts. The keeping of all farm animals
is not permitted in the R-6 Attached Single-Family and R-6A Multifamily
Residential Districts.
[Amended 2-8-2023 by Ord. No. 23-003]
(1)
Chickens.
(a)
Chickens shall be permitted in R-1 through R-5
Districts.
(b)
Number permitted. No more than four poultry shall
be permitted per individual lot of record. Roosters shall not be permitted.
(c)
Enclosures. All poultry shall be enclosed within
a coop or coop-like structure. If such structure is greater than 50
square feet in area, the structure shall require an accessory structure
permit.
(d)
Setback requirements. All coops or enclosures,
regardless of size, shall comply with the applicable setback requirements
for accessory structures within their zoning district. In addition,
all coops or enclosures are required to maintain a setback of at least
50 feet from all property lines.
(e)
Confinement to the property. In the event that
poultry are allowed outside of the enclosure, all poultry shall be
confined to their designated lot of record. Refuse must be kept in
closed watertight containers to prevent access and food to rodents
or other pests.
(f)
Slaughter of chickens. The outdoor slaughter of
poultry shall not be permitted.
(g)
Sale of eggs. The sale of eggs and chicken by-products
shall not be permitted.
(h)
Nuisances prohibited. Per § 69-13, Nuisances prohibited, of Chapter 69, Animals, of the Code of the Village of Homer Glen, it is unlawful for owners to allow their poultry to become public nuisances at any time during the day or night, including excessive noise or odor, issues concerning public health, the attraction of flies or rodents, general cleanliness and the veterinary care of ill birds.
(i)
Permits. Except as otherwise described above, no
permit shall be required for the keeping of poultry in the R-1 and
R-2 Single-Family Residential Districts.
(j)
Compliance of legal nonconformities. Upon the adoption
of these regulations, any existing legal nonconforming structures
or practices pertaining to the keeping of poultry within the R-1 through
R-5 Single-Family Residential Districts shall have six months to comply
with the above regulations.
(2)
Bees.
(a)
Bees shall be permitted in R-1 through R-5 Districts.
(b)
Number permitted. No more than two hives or colonies
shall be permitted per individual lot of record.
(c)
Setback requirements. All beehives shall maintain
a setback of at least 50 feet from all property lines. Beehives shall
not be permitted within the front yard of any individual lot of record.
(d)
Notification of neighbors. All beekeepers shall
notify all immediately adjacent property owners of any beehives located
on the lot of record.
[1]
Signage. All beekeepers shall place one sign on
the subject property not to exceed two square feet in total copy area.
This sign shall serve to notify the public of the presence of beehives
on the subject property.
(f)
Sale of honey. The sale of honey shall not be permitted.
(g)
Nuisances prohibited. Per § 69-13, Nuisances prohibited, of Chapter 69, Animals, of the Code of the Village of Homer Glen, it is unlawful for owners to allow their bees to become public nuisances at any time during the day or night, including the responsible management of hives and colonies. Beekeepers shall be required to inspect their hives at least once monthly to ensure they are maintained in good condition.
(h)
Permits. No permit shall be required for the keeping
of bees in the R-1 and R-2 Single-Family Residential Districts; however,
all beekeepers shall be required to register with the Illinois Department
of Agriculture.
(i)
Compliance of legal nonconformities. Upon the adoption
of these regulations, any existing legal nonconforming structures
or practices pertaining to the keeping of bees within the R-1 through
R-5 Single-Family Residential Districts shall have six months to comply
with the above regulations.
(3)
E-1 Single-Family Estate and E-2 Single-Family Rural Residential
Districts.
(a)
Chicken and bees.
[1]
General. The keeping of chickens and bees in the
E-1 Single-Family Estate and E-2 Single-Family Rural Residential Districts
shall be permitted without the issuance of a permit provided that
such practices abide by the regulations applicable to the keeping
of such animals in the single-family residential districts.
[2]
Special use permit. A special use permit shall
be required for properties zoned E-1 Single-Family Estate or E-2 Single-Family
Rural Residential that exceed the limitations set forth for the keeping
of chickens or bees in the single-family residential districts. No
such special use permit shall permit the keeping of poultry or bees
in excess of the limitations set forth for agricultural districts.
(b)
Other farm animals. The keeping of other farm animals
as described above shall be permitted in the E-1 Single-Family Estate
and E-2 Single-Family Rural Residential Districts following the issuance
of a special use permit. No such special use permit shall permit the
keeping of other farm animals in excess of the limitations set forth
for agricultural districts.
C.
Other animals.
(1)
Unless authorized by state or federal regulations, it is unlawful
to keep or harbor any exotic or wild animals in the Village. No other
animals may be maintained or kept in the Village for any purpose other
than as a domesticated pet, except as permitted in pet shops and animal
hospitals.
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to private stables,
private indoor riding arenas and horse boarding:
A.
A special use for a private stable in the R-1 District will
not be considered when the subject parcel is completely surrounded
by more intense residential uses, such as R-2, R-2A, R-3, R-3A, R-4,
R-5, R-6 and R-6A Zoning Districts.
B.
Private stables, horse boarding and private indoor riding arenas
must be located on a zoning lot of two acres or greater in size.
C.
Excluding horses owned by the property owner or occupant, up
to three horses may be boarded for remuneration, provided that the
total number of horses on the zoning lot shall not exceed one horse
per acre.
D.
The associated structure may not be located within the front
yard, must maintain the same rear yard as required for the primary
structure and cannot be located within 50 feet of the side lot line.
E.
Private stables, horse boarding and private indoor riding arenas
structures shall not include overhead doors.
[Amended 4-27-2016 by Ord. No. 16-010]
F.
Access to a stable cannot be of a bituminous or concrete material.
G.
Stables and indoor riding arenas are exempt from the building
material requirements in § 220-614A(5) of this chapter.
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to towing service
with storage of vehicles:
A.
Disabled vehicles may not be stored longer than two weeks.
B.
Where vehicles are stored outdoors, vehicles must be screened
by a fence, wall, or solid landscape screen adequate to conceal such
vehicles from adjacent properties and the public right-of-way. No
vehicles may be stored to a height greater than the screening, and
no stored vehicle may exceed 10 feet in height.
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to boats, campers,
mobile homes, manufactured homes, motorcycle and RV sales, rental
and service: Where items are stored outdoors, such items must be screened
by a fence, wall, or solid landscape screen adequate to conceal such
vehicles from adjacent properties and the public right-of-way. No
items may be stored at a height greater than the screening.
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to contractor or
building trade offices: Vehicles or equipment, such as tractors, which
are stored outdoors must be completely screened from the public right-of-way
and adjacent residential districts or uses by a solid landscape screen
or fence at least six feet in height but not exceeding eight feet
in height.
[Amended 9-9-2008 by Ord. No. 08-048]
Except as otherwise provided in these regulations or as may
be otherwise regulated pursuant to the terms and conditions of a special
use permit, the following regulations shall apply to storage, warehouse,
and wholesale establishments:
A.
Wholesale and warehouse uses may deal in commodities which are
the product of a permitted use.
B.
Permitted wholesale and warehouse establishments where products
are stored and distributed may contain a limited retail sales component
where products can be sold "over the counter" to the general public,
with special use approval. Said uses may possess a State of Illinois
Department of Revenue sales tax identification number; however, retail
sales shall not constitute the primary use of the property.
[Added 9-24-2014 by Ord.
No. 14-056]
The following regulations shall apply to donation drop-off facilities:
A.
License required. All donation drop-off facilities must be licensed
by the Village. The license shall be submitted to and reviewed by
the Village Clerk. The license shall renew annually on a calendar-year
basis. The license shall not require a fee.
B.
License information required. The license application shall contain
the following information:
(1)
The nonprofit organization's name, contact person name, address and
phone number.
(2)
Proof of the organization's nonprofit status.
(3)
The name of the property owner where the donation drop-off facility
will be placed, as well as the written permission of the property
owner to locate the donation drop-off facility on his or her property.
(4)
Proposed pick-up schedule for the donation drop-off facility.
(5)
Attendant hours (if applicable).
C.
Facility requirements.
(1)
Donation drop-off facilities must display the nonprofit organization's
name and contact information, including address and phone number.
(2)
There shall be a maximum of three donation drop-off facilities permitted
per zoning lot.
(3)
Donation drop-off facilities shall not be located in an area on a
zoning lot that interferes with visibility or traffic flow. The placement
of the facility on the property cannot interfere with the traffic
sight lines of any ingress/egress point.
(4)
Donation drop-off facilities shall be maintained in a neat, clean
and orderly condition, shall be kept free from graffiti and shall
be emptied regularly so that donated items are not protruding from
the donation drop-off facility or stacked on the ground surrounding
the donation drop-off facility.
(5)
Donation drop-off facilities shall not be located in any required
parking space(s) on the zoning lot.
(6)
Donation drop-off facilities shall be at least 100 feet from a property
with a residential use.
(7)
Donation drop-off facilities shall be repaired or replaced immediately
if damaged.
(8)
Donation drop-off facilities shall be locked and/or secured at all
times.
(9)
Donation drop-off facilities shall only be allowed to be sited on
a hard surface.
(10)
Donation drop-off facilities cannot be located within a required
zoning lot setback.
[Added 4-27-2016 by Ord.
No. 16-010]
Development or other activity which disturbs or breaks the topsoil or otherwise results in the movement of earth and/or development that has the potential to increase or create flood or drainage hazards shall be subject to the regulations in Chapter 210, Article I, Water Resources, of the Village Code.
[Added 7-10-2019 by Ord.
No. 19-030]
Except as otherwise regulated pursuant to the terms and conditions
of a special use permit, the following regulations shall apply to
all off-track betting establishments associated with a permitted restaurant:
A.
RESTAURANT
The special use permit shall only be available for premises meeting the definition of "restaurant" as defined in § 83-45 of the existing video gaming regulations (also copied below). The premises should not require a video gaming facility.
Any place kept, used, maintained, advertised, and held out
to the public as a place where meals are cooked and prepared in an
adequate and sanitary kitchen located on the licensed premises using
stoves, ovens, fryers, and related equipment located on the licensed
premises and which are protected by a fire protection system that
conforms with the Village Code. The sale of packaged food such as
potato chips, pretzels, popcorn, peanuts, or other similar snacks
or frozen or premade foods such as pizzas, hamburgers, or sandwiches
which can be prepared by heating or warming in an oven shall not be
considered food prepared and served on premises, as required herein.
B.
The restaurant shall contain a minimum area of 1,500 square
feet. The off-track betting establishment shall contain additional
floor area beyond the space used for restaurant purposes.
