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:
(1) 
Application amending the legal special use filed in accordance with § 220-1209.
(2) 
The use shall comply with all other requirements of the district in which the property is located.
(3) 
The use shall comply with all requirements established under this Article VIII.
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.
C. 
Division of lots. No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership, unless the division shall conform with all the applicable regulations of the Village's Subdivision Ordinance[1] and this chapter.
[1]
Editor's Note: See Ch. 138, Land Use, Art. I.
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.
[Amended 12-10-2025 by Ord. No. 25-061]
See Attachment 1 for use and bulk requirements for residential districts and Attachment 2 for use and bulk requirements for nonresidential districts.
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.
(2) 
Interpretation of lot line.
[Amended 4-27-2016 by Ord. No. 16-010]
(a) 
On a corner lot, the shortest line adjacent to the street right-of-way shall be the front lot line.
(b) 
On a corner lot abutting two streets with identical street frontages, the Zoning Officer shall determine the front lot line.
(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; 4-9-2025 by Ord. No. 25-014]
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
Solar energy systems, ground-mounted
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.
[Amended 12-10-2025 by Ord. No. 25-061]
At the intersection of all streets and points of ingress or egress onto any street, no obstructions exceeding three feet in height, including but not limited to fences, walls, parked vehicles, shrubs and signs, 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. See illustration:
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.
[Amended 9-9-2008 by Ord. No. 08-048; 3-24-2009 by Ord. No. 09-007; 6-10-2009 by Ord. No. 09-036; 2-8-2023 by Ord. No. 23-003; 4-9-2025 by Ord. No. 25-014]
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.
(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.
(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.
(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).
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.
(3) 
One child's playhouse.
(4) 
One private swimming pool.
(5) 
Statuary, arbors, gazebos, trellises, barbecue stoves, flagpoles, fences, walls and hedges, gas lights and lanterns.
(6) 
Off-street parking and loading spaces.
(7) 
Solar energy systems, small ground arrays (SES), per § 220-848.
(8) 
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.
(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.
(9) 
Outdoor recreational area or equipment (including tennis courts, basketball courts, playhouses, batting cages, etc.), provided they meet the following requirements outlined below:
(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.
(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.
(e) 
The recreational facility or equipment is adequately screened and all lighting conforms to the Village Outdoor Lighting Regulations.[3]
[3]
Editor's Note: See Ch. 75, Buildings, Art. II, Part 20, Outdoor Lighting.
(10) 
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.
(11) 
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.
E. 
Prohibited accessory uses. None of the following uses shall be permitted accessory uses:
(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.
[2] 
In the nonresidence districts, there shall be a temporary permit fee in an amount set forth in Chapter 114, Fees, Article II. No more than three temporary cargo containers shall be permitted, and said container(s) must be removed from the premises within 90 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.
[Amended 3-24-2009 by Ord. No. 09-007; 9-13-2011 by Ord. No. 11-033; 4-27-2016 by Ord. No. 16-010; 10-28-2020 by Ord. No. 20-053; 12-10-2025 by Ord. No. 25-061]
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.
(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.
(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 (see illustration below).
(a) 
If the corner side yard abuts a front yard of an adjacent lot, 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.
(b) 
If the corner side yard abuts a rear yard or corner side yard of an adjacent lot, a solid fence or wall is permitted to a height not to exceed six feet above grade when said fence does not extend beyond the front building elevation of the principal structure.
(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.
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.
(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.
(4) 
Swimming pools in the R-3B District shall conform to the following requirements:
(a) 
Rear yard setback: 10 feet.
(b) 
Side yard setback: 10 feet.
(c) 
Lot coverage: 40%.
(d) 
Impervious surface coverage: 40%.
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.
(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.
(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:
(a) 
No more than three strands of barbed wire shall be used.
(b) 
The lowest strand of barbed wire shall have a fence height of not less than six feet.
(c) 
The vertical supports for the strands of barbed wire shall slant away from the property line at an angle from the vertical of not less than 45°.
(15) 
See § 220-808.
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.
(a) 
All lots in a residence district with a nonresidential use (e.g., churches, schools, etc.) shall comply with the restrictions set forth in Subsection A(3). Subsection A(2)(b) and (c) of this section shall not apply.
(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.
(9) 
By January 31 of each year after the occupancy permit for the accessory unit is issued, all owners of the property shall file an affidavit with the Zoning Officer certifying that the property complies with the preceding Subsection B(1) through (8) on the date of the filing.
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.
[Amended 2-8-2023 by Ord. No. 23-003; 12-10-2025 by Ord. No. 25-061]
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 agriculture or 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.
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).
(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.
(8) 
One sign will be allowed on the premises in accordance with § 220-1005.
(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.
(2) 
The following uses shall be prohibited in an SSSF:
(a) 
The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.
(b) 
The use of the property for uses other than dead storage.
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.
C. 
Development. An underground storm sewer system shall be provided, in accordance with the Village's Subdivision Ordinance,[1] to serve any manufactured home subdivision.
[1]
Editor's Note: See Ch. 138, Land Use, Art. I.
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.
(5) 
Gradient. All lots shall be graded according to the requirements of the Subdivision Ordinance.[2] There shall be a minimum of 2% longitudinal and adequate crown, or cross-gradient and surface drainage.
[2]
Editor's Note: See Ch. 138, Land Use, Art. I.
(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.
(1) 
All streets shall have curbs, gutters, streetlights, street trees, storm sewers and sidewalks accompanying same, in accordance with the Village Subdivision Ordinance.[3]
[3]
Editor's Note: See Ch. 138, Land Use, Art. I.
(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.
M. 
Subsection B shall not apply to storage yards which are screened and enclosed by a fence or other structure of not less than six feet in height on all sides.
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.
E. 
All signage shall conform to the standards set forth in § 220-1005.
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. 
Real estate offices.
(1) 
A temporary real estate office incidental to a new housing development shall:
(a) 
Not be used for sleeping or cooking purposes until the premises shall cease to be used as a real estate office.
(b) 
Continue only until all dwelling units in the development have been first sold or leased.
(c) 
Be landscaped as approved by the Zoning Officer.
(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.
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.
(7) 
All signage shall conform to the standards set forth in § 220-1005.
(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
(6) 
Minimize the total number of WCFs and small wireless facilities within the Village within the limits and consistent with the provisions of the Telecommunications Act of 1996 and the Illinois Small Wireless Facilities Deployment Act.[1]
[1]
Editor's Note: See 50 ILCS 840.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANCILLARY BUILDING
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.
ANTENNA
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.
CO-LOCATION
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.
GUYED TOWER
Any tower that is supported by the use of guy wires or cables that are permanently anchored to the ground.
HEIGHT
The distance measured between the ground level at the base of any WCF, SWF, or component thereof and the tallest point thereon.
HISTORIC LANDMARK
A building, property, or site, or group of buildings, properties, or sites that are either:
(1) 
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
(2) 
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.
LATTICE TOWER
Any tower that utilizes an open framework of lateral cross members to stabilize the tower.
MAST
Any vertical element such as a tube or rod that supports an antenna.
MICRO WIRELESS FACILITY
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.
MONOPOLE TOWER
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.
PUBLIC SAFETY AGENCY
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.
SMALL WIRELESS FACILITY
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.
STEALTH DESIGN
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.
TOWER
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.
UTILITY POLE
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.
VILLAGE UTILITY POLE
A utility pole owned or operated by the Village of Homer Glen in public rights-of-way.
WIRELESS COMMUNICATIONS FACILITY (WCF)
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.
WIRELESS INFRASTRUCTURE PROVIDER
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.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
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.
WIRELESS SERVICES PROVIDER
A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE
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:
(a) 
Site-specific structural integrity and, for a Village utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;[6]
[6]
Editor's Note: See 225 ILCS 340.
(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;
(c) 
Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;[7] for each proposed small wireless facility covered by the application as it is proposed to be installed;
[7]
Editor's Note: See 225 ILCS 340.
(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.
(g) 
An applicant for a small wireless facility shall be exempt from the requirements for special use in Subsections F(2)(j), (q), (u) and (v) stated above.
(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.
[1] 
Penalty. Any person found liable for violating any of the above provisions shall be subject to fines in accordance with § 69-14, Penalty, of Chapter 69, Animals, of the Code of the Village of Homer Glen.
(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.
(e) 
Fencing. All beekeepers shall construct a fence at least four feet in height to enclose the property or hives. Such fences shall be subject to the applicable regulations detailed in § 220-812, Fences, walls and swimming pools, of Chapter 220, Zoning, of the Code of the Village of Homer Glen.
(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.
[1] 
Penalty. Any person found liable for violating any of the above provisions shall be subject to fines in accordance with § 69-14, Penalty, of Chapter 69, Animals, of the Code of the Village of Homer Glen. In addition, hives which are deemed to be in poor condition shall be removed entirely.
(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.
(2) 
The keeping of other domesticated animals not discussed above, including dogs and cats, shall comply with the regulations set forth in § 220-816, Kennels, of Chapter 220, Zoning, of the Code 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 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. 
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.
RESTAURANT
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.
[Added 4-9-2025 by Ord. No. 25-014]
A. 
Solar energy systems (SES) are subject to the following requirements:
(1) 
General regulations and measurement:
(a) 
The size/area of SES shall be calculated by drawing a line around the outermost area of the panels and any equipment necessary for the functioning of the SES, such as transformers and inverters.
(b) 
The entire area of the SES shall count toward lot coverage. If the SES is located on the rooftop of an existing primary or accessory structure, it shall not be counted as additional lot coverage.
(c) 
SES shall not be attached to any tree, shrub or fence.
(2) 
Roof-mounted solar energy systems (SES):
(a) 
SES may be located on the roof of principle structures in all zoning districts, contingent upon the following:
[1] 
On residential structures, panels shall not extend more than 12" from the roof, shall not cause the maximum height of the primary structure to exceed the maximum height within that zone district and shall not extend beyond the outside edges of the roof.
[2] 
On non-residential structures with roof slope of 1:12 or greater, panels shall not extend more than 12" from the roof, shall not cause the maximum height of the primary structure to exceed the maximum height within that zone district and shall not extend beyond the outside edges of the roof.
[3] 
On non-residential structures with flat roofs or roofs with a pitch of 1:12 or less, panels shall not extend more than 5' from the roof, shall not cause the maximum height of the primary structure to exceed the maximum height within that zone district and shall not extend beyond the outside edges of the roof.
(b) 
SES may be located on the roof of residential and agricultural accessory structures, contingent upon the following:
[1] 
Panels may not be located on non-conforming accessory structures located in a front yard or corner side yard.
[2] 
Panels shall not extend more than 12" from the roof, shall not exceed the maximum height for the accessory structure within that zone district and shall not extend past the outside edges of the structure's roof.
(3) 
Building-integrated solar energy systems (SES):
(a) 
Building-integrated SES shall require a special use permit in all zone districts.
(b) 
Building-integrated SES shall count toward the Site and Structure Bulk Requirements of Chapter 220, Attachment 1 and Attachment 2, including but not limited to building setbacks and lot coverage.
(4) 
Solar energy systems, small ground array (SES): Small ground arrays may be permitted only in the A-1, A-2, E-1, E-2, R-1, R-2, R-3, R-4, R-5, R-6 and R-6A zone districts on parcels at least one acre in size, contingent upon the following:
(a) 
Small ground arrays shall be classified as an accessory structure and shall abide by the regulations for accessory structures per § 220-810, including but not limited to setbacks and lot coverage, unless otherwise specified within § 220-848A(4).
(b) 
A small ground array installation shall require the presence of a primary structure located on the same parcel in the E-1, E-2, R-1, R-2, R-3, R-4, R-5, R-6 and R-6A zone districts. In the A-1 and A-2 zone districts, a small ground array may be installed if a permitted agricultural accessory structure is located on the same parcel.
(c) 
Small ground arrays shall not be located within any front or corner side yards or between any public or private road and the primary structure.
(d) 
Small ground arrays shall not exceed 15 feet in height when the panels are at maximum tilt.
(e) 
The impervious area of a small ground array shall be calculated at 50% of the entire area of the SES.
(f) 
Small ground arrays shall not exceed a total surface area of 1,500 square feet or the maximum allowable square footage for detached accessory structures established for the zoning district in which it is located, whichever is less.
(g) 
Small ground arrays shall be screened from view when visible from a public or private right-of-way, at the discretion of the Zoning Officer. Screening may be achieved through the use of walls, fences, landscaping or a combination thereof. In instances where landscaping is required, a landscape plan shall be provided for review by staff.
(h) 
Small ground arrays must include landscaping around the sides and back of the array, with the intent to conceal the supporting poles or racks. This landscaping is not intended to shade any part of the photovoltaic cells. The amount of landscaping required shall be at the discretion of the Zoning Officer and a landscape plan shall be provided for review by staff.
(5) 
Solar energy systems, large ground array (SES): large ground arrays (solar farms) are only permitted through a special use permit within the I-1 zone district contingent upon the following:
(a) 
Large ground arrays are required to meet all Site and Structure Bulk Requirements of the I-1 zone district as per Chapter 220, Attachment 2, Table 2B, including but not limited to setbacks and lot coverage.
(b) 
Large ground arrays are not classified as an accessory structure.
(c) 
The area containing large ground array panels and equipment shall be enclosed with a five-foot-tall, black, vinyl-coated chain link fence with privacy slats, unless otherwise required per state building or electrical codes.
(d) 
The area containing large ground array panels and equipment shall be screened from view from a public road, private road or residentially-zoned property, using evergreen plantings within a ten-foot-wide landscape buffer located on the subject property between the required fence and the property line. The amount of landscape material shall be determined by the Plan Commission during the special use permit review process.
(e) 
On-site stormwater detention/retention facilities shall be in compliance with the Will County Stormwater Management Ordinance.
(6) 
Solar energy system, self-contained (SES).
(a) 
Self-contained SES panels shall not exceed six square feet.
(b) 
Self-contained SES panels shall not be placed at a height that exceeds 15', measured from the established grade.
(c) 
Self-contained SES panels located on private property shall abide by the required Site and Structure Bulk Requirements for the zone district in which it is located.
(d) 
Self-contained SES may be located within a public right-of-way owned by the Village of Homer Glen, State of Illinois, or other governing highway and road authority, if authorized pursuant to § 220-848, and installed by the Village of Homer Glen, State of Illinois, or other governing highway and road authorities.