A. 
Applicability. This Zoning Ordinance is applicable to any parcel of land within the Village boundary or the 1.5-mile extraterritorial jurisdiction of the Village of Tilton.
B. 
Purpose and intent. This Zoning Ordinance has been prepared in accordance with the Village's Visioning Plan. Specifically, the powers of the Zoning Ordinance are as follows:
(1) 
To divide the Village of Tilton corporate limits, and an area within 1.5 miles of the corporate limits, into districts of such number, shape, area and of such different classes (according to the land use, building and lot, signage and parking requirements contained in this chapter) as may be deemed best suited to carry out the purposes of this chapter.
(2) 
To regulate and restrict the location of buildings designed for specified residential, commercial, public/institutional, park/recreation and agricultural/open land uses.
(3) 
To prohibit uses, buildings or structures incompatible with the character of such districts.
(4) 
To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter.
(5) 
To regulate uniform design standards for architecture and site design.
C. 
Abrogation and greater restrictions. It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, agreements, rules, regulations, permits or approvals previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, and such restrictions do not contravene rights vested under law, the provisions of this chapter shall govern.
D. 
Severability. If any chapter, section, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
E. 
Repeal. All other ordinances or parts of ordinances of the Village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future tense, and the plural includes the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot" or "parcel"; the word "building" includes the word "structure"; the word "shall" is always mandatory; the word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
ACCESSORY BUILDINGS AND USES
A. 
An accessory building is a subordinate building or a portion of the main building, the use of which is incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as the use of the main building or principal use of the land.
B. 
An accessory use is one which is incidental to, or customarily found in connection with (except as otherwise provided in this chapter), on the same lot as, the main use of the premises.
C. 
When "accessory" is used in the text, it shall have the same meaning as "accessory use."
AGRICULTURAL ACTIVITY
The growing, harvesting and storage of crops, including legumes, hay, grain, fruit or vegetables, truck gardening, floriculture, horticulture, mushroom growing, orchards, forestry; and the keeping, raising and feeding of livestock or poultry (except commercial feed lots), including dairy, poultry, swine, sheep, beef cattle, pony and horse production.
ALTERATION, USE
A change or rearrangement of the structural parts of a building or structure such as foundations, bearing walls, columns, beams or girders; or the expansion or enlargement of the building or structure to accommodate a change in the use. Alterations shall not include painting, window replacement, siding replacement, wallpapering, repaneling, wallboard repair, roof repairs or other similar activities.
BUILDING
Any structure including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property and forming a construction that is safe and stable; the word "building" shall include the word "structure."
BUILDING, HEIGHT OF
The vertical distance from the grade (elevation of curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
COMMISSION
The Plan Commission of Tilton.
CONFORMING USE
Any use of a building or land which conforms with the use regulations of the district in which the building or land is situated. If the use is a permitted use but does not conform with the intensity of use regulations of the district in which it is situated, then the use shall not be deemed to be a conforming use.
DECK
An above-grade, flat, floored, roofless, attached or detached structure or platform which is not glassed-in or otherwise walled or enclosed above a height of 2.5 feet. Open guardrails shall not be construed as a violation of the enclosed height limitations.
DRIVEWAY
A private roadway providing access for vehicles from a public right-of-way to a parking space, garage, parking lot or other structure.
DWELLING
Any building or portion thereof designed and used exclusively for residential purposes.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping and cooking.
DWELLING, MULTIPLE-FAMILY
A dwelling which is designed for or occupied by three or more families occupying separate living quarters, but not including a rowhouse building.
DWELLING, SINGLE-FAMILY
Any building or portion thereof designed or occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families.
FAMILY
A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel, hotel, fraternity or sorority house; provided, however, that for the purpose of definition, "family" shall not mean more than four persons unrelated to each other by blood, marriage or legal adoption. "Family" shall include members of a service-dependent population living in community living facilities as herein defined.
FENCE
An artificially constructed barrier erected as a means of protection or confinement to enclose or screen areas of land.
FLOOR AREA
The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, but not including cellar or basement space not used for retailing and not including accessory off-street parking or loading space.
GARAGE, PRIVATE
An enclosed structure either attached or detached from the principal residence structure primarily used for the storage of vehicles owned and operated by the occupants of the premises, inside which no business, occupation or service for profit is in any way conducted, and which also may contain incidental storage of personal property related to the maintenance of the home and lot or items for private recreational purposes.
HOME OCCUPATION
An accessory use within a dwelling, involving an occupation or activity related to the provision or sale of goods or services, which is carried on by the residents of the dwelling unit, and which use is clearly incidental and subordinate to the use of the premises for dwelling purposes.
LOT
A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, and the open space and parking spaces required by this chapter, and having its principal frontage upon a street.
LOT FRONTAGE
That portion of a lot (a lot line) abutting a street.
LOT LINE
The property line or title line bounding a lot.
LOT WIDTH
Minimum lot widths are established in § 320-13 (Building and lot regulations) of this chapter. For regularly shaped lots, the lot width shall mean the average distance between the side lot lines, measured at right angles to the depth of the lot along the lot frontage. For irregularly shaped or wedge-shaped lots, the lot width shall be the distance between the side lot lines measured along the curvature of the arc at the points of intersection of the front setback line with the side lot lines.
NONCONFORMING USE
Any building or land lawfully occupied by a use at the time of passage of this chapter, and all amendments thereto, which does not conform with the use regulations of the district within which it is located.
OCCUPANCY
The residing of an individual overnight in a dwelling unit, or the use of equipment, merchandise or machinery in any public, agricultural, commercial or industrial building, or the utilization of a parcel or structure for any permitted or special use set forth in this chapter.
OPEN SPACE
That portion of the total land area, excluding area set aside or used for living units, storage, maintenance and mechanical buildings, parking, loading, driveways and streets. Land and accessory buildings devoted exclusively to recreation purposes, including swimming pools, tennis courts and similar recreation uses, shall be considered open space.
PARKING SPACE
A surfaced area, not less than nine feet wide and 18 feet long, enclosed or unenclosed, connected to a public street or alley by a surfaced driveway and permanently reserved for the parking or storage of one motor vehicle.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PORCH
A ground-level or first-story above-grade, enclosed, roofed platform structure, supported from the ground and extending out from the main part of the building.
PREMISES
A lot, together with all buildings and structures thereon.
SETBACK
The required minimum horizontal distance between the buildable area of a lot and the related front, rear or side property line.
SETBACK LINE
A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard established to govern the location of buildings, structures or uses.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it. A half-story is a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET
Any public or private way set aside as a permanent right-of-way for street purposes.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground.
SWIMMING POOL
An artificially created permanent pool or tank either above grade, below grade or partially below grade, with a water surface area of more than 300 square feet containing 36 or more inches of water in depth, on average, created for the purpose of swimming or water recreation.
USE
The specific purpose for which land, a structure or premises are designed, arranged, intended or for which they are, or may be, occupied or maintained.
USE, PERMITTED
A use permitted or lawfully established in a particular district, provided that it conforms to all of the requirements, regulations and performance standards of the district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
USE, PRINCIPAL
The predominant or main use to which land or buildings are devoted.
USE, SPECIAL
A use, the character of which is not ordinarily permitted in a zoning district, but which may be appropriate under certain specific conditions as established by the Village Board in accordance with § 320-7 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
VISIBILITY TRIANGLE
The area within the vertices of an isosceles triangle whose two equal legs are to be measured along the right-of-way lines of the adjoining or intersecting streets or roads (or extensions thereof). The triangle shall be formed by connecting two points on the right-of-way lines of the intersecting streets located 30 feet from the point of intersection at the street right-of-way lines.
YARD
An open space on the same lot with a building, unobstructed from the ground upward from any man-made structure, except roof overhangs, cornices and ornamental features, and measured as the minimum distance between the lot line and main building.
YARD, FRONT
A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the right-of-way line and the main building or any projections thereof other than the projections of uncovered porches. On corner lots, the front yard shall be considered as parallel to all streets upon which the lot has frontage.
YARD, REAR
A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entrance ways.
YARD, SIDE
A yard between the main building and the side lot line, and extending from the front yard line to the rear yard line, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereof.
A. 
Violation of the provisions of this chapter or failure to comply with any of its requirements shall be a municipal infraction punishable as provided by law. In addition, any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction, be guilty of a violation of Village ordinances and punished in accordance thereof.[1] Each day any such violation continues shall be considered a separate offense and may be the subject of repeated prosecutions, if so continued.
[1]
Editor's Note: See Ch. 55, Penalties and Enforcement.
B. 
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, surveyor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
The boundaries of the districts established in § 320-13, Zoning districts, are shown on the map designated as the "Official Zoning Map of the Village of Tilton, Vermilion County, Illinois." The original of this map shall be signed and dated by the Village Mayor and Clerk. The map, and all notations, colors, dimensions, references, legends and symbols shown thereon, shall be as much a part of this chapter as if fully described herein, and it shall be filed as part of this chapter with the Village Clerk. A reproduction of the map shall be available for public reference placed on file with the office of the Village Clerk. Amendments to the Official Zoning Map shall take effect upon adoption by the Village Board and the filing of proof of posting or publication thereof. It shall be the duty of the Village Clerk to enter and certify all Official Zoning Map amendments upon the certified copy of the map.
The boundaries of the districts as shown on the accompanying map and made part of this chapter are generally intended to coincide with the center lines of streets and alleys or with lot lines. If, on the map, the boundary of a district approximates the line of a street or alley, the boundary line shall be construed to be the center line of the street or alley. If, on the map, the boundary of a district approximates the boundary line of a platted lot, the district boundary line shall be construed to be the lot line. If, on the map, the boundary of a district divides a platted lot, or unplatted or unsubdivided property, into distinct parts, the boundary lines shown on the map shall be determined by the scale appearing on the map.
A. 
Establishment. For the purpose of this chapter, the Village of Tilton is hereby divided into the following zoning districts and overlay districts:
(1) 
Zoning districts.
R1
Single-Family Residential
R2
Single-Family Residential
R3
Multifamily Residential
R4
Mobile Home
C1
Neighborhood Commercial
C2
Highway Commercial
IN
Industrial
PI
Public/Institutional
PR
Park/Recreation
OLA
Open Land/Agriculture
(2) 
Overlay districts provide regulations in addition to those of the underlying zoning district for certain areas that warrant specific recognition and management. The provisions of an overlay district shall prevail over any conflicting provisions found in this chapter for the duration of the overlay district. All other provisions of this chapter shall remain in full force and effect within the overlay district. The following overlay districts are established by this chapter:
CSO
Conservation Subdivision
AOB
Adult-Oriented Business
B. 
Boundaries. All zoning districts and overlay districts shall be located within the boundaries as shown on the Official Village Zoning Map.
C. 
Building and lot regulations. Appendix A identifies building and lot regulations for each zoning district and overlay district.[1] All building and lot regulations shall be measured from the adjacent public or private right-of-way, not pavement, as determined by the Zoning Administrator or representative. At the discretion of the Zoning Administrator or representative, averaging of building and lot regulations may be permitted.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
D. 
Land use regulations. A building or premises within each zoning district and overlay district shall only be used for purposes as defined in § 320-26 and § 320-27.
E. 
Parking regulations. Section 320-26 identifies general parking regulations based on the type of land use that may be developed within each zoning district and overlay district.
F. 
Accessory buildings and uses. Section 320-29 identifies general regulations for accessory buildings and uses.
A. 
The Single-Family Residential District is for single- and two-family dwellings intended to provide for the establishment and protection of residential areas in the Village and the maintenance of a positive residential character of these areas in accordance with local housing needs and plans, municipal servicing capacities and in accordance with the physical character and limitations of the landscape. The intent of this classification is to identify areas for the accommodation of single-family homes and duplexes at a density that supports the efficient provision of utilities and other community services.
B. 
Mobile homes.
(1) 
Mobile homes, as defined in § 320-26 (Residential Uses), which exist in the R1 Single-Family Residential District may remain in existence and not be determined to be a nonconforming use if the mobile home complies with the following:
(a) 
The mobile home existed in the R1 Single-Family Residential District prior to the adoption of this chapter.
(b) 
The mobile home is owner-occupied.
(c) 
The mobile home is kept in repair and maintained.
(d) 
The exterior of the mobile home is not expanded or altered.
(e) 
The mobile home does not create a nuisance to the surrounding neighborhood as determined by the Village Board.
(2) 
In the event the mobile home is damaged by fire, explosion or act of nature and the cost of reconstructing the mobile home will amount to 50% or more of the value of the mobile home prior to the occurrence as calculated from fair market value, the mobile home shall not be replaced unless it is with a newer model of mobile home that conforms to building and lot regulations of the R1 Single-Family Residential District.
(3) 
In the event the mobile home is damaged by fire, explosion or act of nature and the cost of reconstructing the mobile home will amount to less than 50% of the value of the mobile home prior to the occurrence as calculated from fair market value, the mobile home may be replaced with the same or equal model of mobile home that conforms to the regulations which governed the prior model of mobile home as determined by the Village Board.
(4) 
In addition, a mobile home as defined in § 320-26 (Residential Uses) may be upgraded to a newer model of mobile home, if the newer model of mobile home conforms to the building and lot regulations of the R1 Single-Family Residential District.
A. 
The Single Family Residential District is for single- and two-family dwellings intended to provide for the establishment and protection of residential areas in the Village and the maintenance of a positive residential character of these areas in accordance with local housing needs and plans, municipal servicing capacities and in accordance with the physical character and limitations of the landscape. The intent of this classification is to identify areas for the accommodation of single-family homes and two-family dwellings at a density that supports the efficient provision of utilities and other community services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Mobile homes.
(1) 
Mobile homes, as defined in § 320-26 (Residential Uses), which exist in the R2 Single-Family Residential District may remain in existence and not be determined to be a nonconforming use if the mobile home complies with the following:
(a) 
The mobile home existed in the R2 Single-Family Residential District prior to the adoption of this chapter.
(b) 
The mobile home is owner-occupied.
(c) 
The mobile home is kept in repair and maintained.
(d) 
The exterior of the mobile home is not expanded or altered.
(e) 
The mobile home does not create a nuisance to the surrounding neighborhood as determined by the Village Board.
(2) 
In the event the mobile home is damaged by fire, explosion or act of nature and the cost of reconstructing the mobile home will amount to 50% or more of the value of the mobile home prior to the occurrence as calculated from fair market value, the mobile home shall not be replaced unless it is with a newer model of mobile home that conforms to building and lot regulations of the R2 Single-Family Residential District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
In the event the mobile home is damaged by fire, explosion or act of nature and the cost of reconstructing the mobile home will amount to less than 50% of the value of the mobile home prior to the occurrence as calculated from fair market value, the mobile home may be replaced with the same or equal model of mobile home that conforms to the regulations which governed the prior model of mobile home as determined by the Village Board.
(4) 
In addition, a mobile home as defined in § 320-26 (Residential Uses) may be upgraded to a newer model of mobile home, if the newer model of mobile home conforms to the building and lot regulations of the R2 Single-Family Residential District.
The Multifamily Residential District is a district intended to provide for higher-density living by permitting residential sites and buildings containing three or more dwelling units as well as elder care facilities, community living arrangements or other compatible institutional uses according to housing needs and site capability. These areas could also be used to accommodate planned developments that include a mixture of residential, commercial and park or open space land uses. This district is intended to be located in compatibility with neighborhood environments and compatible with the rest of the Village.
The Mobile Home District is intended to provide for mobile home park developments which are compatible with the character of the surrounding neighborhood in which they are located.
The Neighborhood Commercial District is intended to provide for the development at appropriate locations of needed commercial services consisting primarily of retail stores, shops, offices and individual service establishments catering to the daily needs of the surrounding local community area.
A. 
The Highway Commercial District is intended to provide for a wide variety of retail, office, wholesale, personal service and other general service uses for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads.
B. 
On all parcels within the C2 Zoning District, 10% of the gross land area shall be devoted to common open space and shall be located in a manner consistent with Village objectives. A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Village Board prior to the approval of any development project. Ownership of the common open space shall be retained by the landowner or the owner may elect to dedicate the common open space to the Village. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The common open space shall maximize common boundaries with existing or future open space on adjacent lands. Common open spaces include, but are not limited to, undeveloped natural land, recreational trails, hillside lands, park space, man-made water features and areas dedicated as environmental corridors.
C. 
As of January 19, 2023, a licensed dispensary is allowed to build in the Village of Tilton with proper permission from the Village. Any licensed dispensary that has been given permission to build shall build in a C2 (Highway Commercial) Zone.
[Added 1-19-2023 by Ord. No. 2023-0119A-E5]
A. 
It is intended that the Industrial District be established and reserved for basic or primary types of industrial uses which involve extensive manufacturing, processing or assembly operations. The regulations which apply within this district are designed to encourage the formation and continuation of a compatible environment for industries which require sizable tracts of land and/or employ large numbers of workers. The intention is also to reserve and protect undeveloped areas of Tilton which are suitable for such industries, and to discourage encroachment by other uses which are capable of adversely affecting the basic industrial character of the district.
B. 
On all parcels within the IN Zoning District, 20% of the gross land area shall be devoted to common open space and shall be located in a manner consistent with Village objectives. A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Village Board prior to the approval of any development project. Ownership of the common open space shall be retained by the landowner, or the owner may elect to dedicate the common open space to the Village. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The common open space shall maximize common boundaries with existing or future open space on adjacent lands. Common open spaces include, but are not limited to, undeveloped natural land, recreational trails, hillside lands, park space, man-made water features and areas dedicated as environmental corridors.
A. 
This Public/Institutional District is intended to provide specific areas in the Village where buildings of an institutional nature, such as churches, schools, libraries, etc., which have building bulk, circulation and parking requirements in excess of those normal to a residential district, can be appropriately located and serviced in a manner not detrimental to the immediate neighborhood.
B. 
On all parcels within the PI Zoning District, 10% of the gross land area shall be devoted to common open space and shall be located in a manner consistent with Village objectives. A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Village Board prior to the approval of any development project. Ownership of the common open space shall be retained by the landowner, or the owner may elect to dedicate the common open space to the Village. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The common open space shall maximize common boundaries with existing or future open space on adjacent lands. Common open spaces include, but are not limited to, undeveloped natural land, recreational trails, hillside lands, park space, man-made water features and areas dedicated as environmental corridors.
This Park/Recreation District is intended to allow for and protect the existence of public and private outdoor recreational and park land and to ensure to as great an extent as possible the preservation and conservation of the natural environment for the physical and psychological benefit of the community.
A. 
The Open Land/Agriculture District provides for the preservation of lands that are currently, or have the capability of becoming, productive agricultural lands.
B. 
On all parcels within the OLA Zoning District, 60% of the gross land area shall be devoted to common open space and shall be located in a manner consistent with Village objectives. A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Village Board prior to the approval of any development project. Ownership of the common open space shall be retained by the landowner, or the owner may elect to dedicate the common open space to the Village. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The common open space shall maximize common boundaries with existing or future open space on adjacent lands. Common open spaces include, but are not limited to, undeveloped natural land, recreational trails, hillside lands, park space, man-made water features, pasture land, agricultural fields and areas dedicated as environmental corridors.
The Conservation Subdivision Overlay District is intended to facilitate clustered development of residential lots or building sites in a manner that ensures the maximum preservation of valued community features (e.g., agricultural, natural and cultural resources). The following design controls shall apply to the CSO Overlay District to ensure efficient installation of future improvements, clustering of residential lots and building sites and the preservation of community features:
A. 
Design standards for cluster groups. The following standards shall apply to all cluster groups:
(1) 
All dwelling units shall be grouped into cluster groups, each of which shall be surrounded by common open space.
(2) 
A plat may contain one or more cluster groups.
(3) 
Cluster groups shall be defined by the outer perimeter of contiguous lotted areas or abutting streets, and may contain lots, streets and cluster group open space.
(4) 
Cluster groups shall be defined and separated by common open space in order to provide direct access to common open space and privacy to individual lot or yard areas. Cluster groups may be separated by streets in the street right-of-way designed as a boulevard.
(5) 
No cluster group shall contain more than 15 dwelling units.
(6) 
All lots in a cluster group shall take access from interior streets.
(7) 
All lots in a cluster group shall abut common open space to the front or rear. Common open space across a street shall qualify for this requirement.
(8) 
In locating cluster groups, disturbance to woodlands, hedgerows and individual mature trees shall be minimized.
B. 
Design standards for common open space. On all parcels developed under the cluster development regulations, 60% of the gross land area shall be set aside as protected common open space. This open space shall meet the following standards:
(1) 
For the purposes of this subsection, gross land area includes all lands within the parcel.
(2) 
Common open space shall comply with the following design standards:
(a) 
The location of common open space shall be consistent with the objectives of the Village.
(b) 
All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. At least 75% of the common open space areas shall be contiguous to another common open space area. For the purposes of this subsection, areas shall be considered contiguous if they are within 100 feet of each other and there are no impediments to access between the areas.
(c) 
Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance or restore their overall condition and natural processes, as recommended by natural resource professionals and in compliance with an approved land stewardship plan, as described under the ownership and maintenance of common facilities and open space, herein. Permitted modifications may include:
[1] 
Woodland management.
[2] 
Reforestation.
[3] 
Meadow management.
[4] 
Wetlands management.
[5] 
Streambank protection.
[6] 
Buffer area landscaping.
(d) 
All wetlands, floodplains, wildlife habitat areas and slopes over 12% shall be contained in common open space.
(e) 
The common open space shall maximize common boundaries with existing or future open space on adjacent lands.
(f) 
To preserve scenic views, ridgetops and hilltops should be contained within common open space wherever possible. Trees shall not be removed from ridgetops or hilltops.
(g) 
No area of common open space shall be less than 30 feet in its smallest dimension or less than 10,000 square feet in area. Open space not meeting this standard shall not be counted toward the total required 60% common open space.
(h) 
The boundaries of common open space shall be marked by natural features wherever possible, such as hedgerows, edges of woodlands, streams or individual large trees. Where no such natural demarcations exist, additional plantings, fences or other landscape features should be added to enable residents or the public, if applicable, to distinguish where common open space ends and private lot areas begin. Where structural demarcations, such as fences, are used, they shall be the minimum needed to accomplish this objective.
(i) 
Trails in common open space that are located within 50 feet of homes in cluster groups shall be identified by plantings, fences or other landscape features.
(j) 
Under no circumstances shall all common open space be isolated in one area of the development. Common open space shall be distributed appropriately throughout the development to properly serve and enhance all dwelling units, cluster groups and other common facilities.
(k) 
Common open space shall include lands located along existing public streets in order to preserve existing rural landscape character as seen from these streets, and shall, in no case, contain less than the required buffer, setback area or separation distance.
(l) 
At least one access point per cluster group shall be provided, having a width equal to or greater than the minimum width of a lot within the cluster group. This width may be reduced to no less than 50 feet if the applicant can demonstrate that, due to natural site constraints, meeting the lot width requirement would run counter to the objectives of this section.
(m) 
For the purpose of conserving the natural landscape and in recognition of the time value of existing vegetation, the preservation of existing vegetation shall always be preferred to the installation of new plant material.
(n) 
Street trees.
[1] 
Street trees shall be planted along internal streets within cluster groups.
[2] 
Street trees may be planted, but are not required, along internal streets passing through common open space.
[3] 
Informal arrangements are encouraged for street trees, to avoid the urban appearance that regular spacing may invoke.
[4] 
Street trees shall be located so as not to interfere with the installation and maintenance of utilities and paths, trails or sidewalks that may parallel the street.
[5] 
The species of street trees shall be selected by the Village Board.
C. 
Ownership and maintenance of common facilities and open space. To ensure adequate planning for ownership, operation and maintenance of common open space, recreation facilities, stormwater management facilities, common parking areas and driveways, private streets and other common or community facilities (hereinafter referred to as "common facilities"), the following regulations shall apply. The following methods may be used, either alone or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this subsection, and then only when there is no change in the common facilities.
(1) 
Ownership methods shall conform to one or more of the following:
(a) 
Homeowners' association. Common facilities shall be held in common ownership as undivided proportionate interests by the members of a homeowners' association, subject to the provisions set forth herein:
[1] 
The applicant shall provide to the Village a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities. Such documents shall be approved as to form by the Village Attorney.
[2] 
The organization shall be established by the owner or applicant and shall be operating, with financial subsidy by the applicant, if necessary, prior to the sale of any dwelling units in the development.
[3] 
Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
[4] 
The organization shall be responsible for maintenance and insurance of common facilities.
[5] 
The members of the organization shall share equitably the costs of maintaining, insuring and operating common facilities.
[6] 
The organization shall have or hire adequate staff to administer, maintain and operate common facilities.
[7] 
The applicant for any cluster subdivision or development proposed to contain common facilities shall arrange with the Village Assessor a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such common facilities.
[8] 
Written notice of any proposed transfer of common facilities by the homeowners' association or the assumption of maintenance of common facilities must be given to all members of the organization and to the Village at least 30 days prior to such event.
(b) 
Condominium agreements. Common facilities shall be controlled through the use of condominium agreements. Such agreements shall be approved as to form by the Village Attorney and shall comply with the requirements of the Condominium Property Act (765 ILCS 605/1 et seq.), as amended. All common open space and other common facilities shall be held as "common elements" by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c) 
Fee simple dedication to a public agency. The Village or other public agency acceptable to the Village may, but shall not be required to, accept any portion of the common facilities, provided that:
[1] 
There shall be no cost of acquisition, other than costs incidental to the transfer of ownership, such as title insurance.
[2] 
Any facilities so dedicated shall be accessible to the residents of the Village, if the Village so chooses.
[3] 
The Village or other public agency shall maintain such facilities.
[4] 
The residents of the development shall hold a conservation easement on the land and facilities so dedicated, protecting the common open space from development in perpetuity.
(d) 
Dedication of conservation easements to a public agency. The Village or other public agency acceptable to the Village may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership, provided that:
[1] 
There is no cost of easement acquisition, other than costs incidental to the transfer of ownership, such as title insurance.
[2] 
A satisfactory maintenance agreement shall be reached between the owner and the Village.
[3] 
Lands under a Village easement may or may not be accessible to residents of the Village.
(e) 
Ownership retained by the original landowner. Ownership of common open space and facilities may be retained by the original landowner, provided that:
[1] 
The Village and residents of the development shall hold conservation easements on the land protecting it from any further development.
[2] 
Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
(f) 
Other methods acceptable to the Village Board upon recommendation by the Village Attorney.
(2) 
Maintenance and operation of common facilities.
(a) 
A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Village Board prior to preliminary plat approval. Such plan shall:
[1] 
Define ownership.
[2] 
Establish necessary regular and periodic operation and maintenance responsibilities.
[3] 
Estimate staffing needs, insurance requirements and other associated costs and define the means for funding the same on an ongoing basis.
[4] 
Include a land stewardship plan specifically focusing on the long-term management of open space lands. A draft land stewardship plan shall be submitted with a preliminary plat, and a final land stewardship plan shall be submitted with the final plat. The land stewardship plan shall comply with the requirements of Subsection C(3).
[5] 
At the discretion of the Village Board, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(b) 
In the event that the association established to own and maintain common areas and facilities, or any successor organization thereto, fails to properly maintain all or any portion of the aforesaid common areas or facilities, the Village may serve written notice upon such association setting forth the manner in which the association has failed to maintain the aforesaid common areas and facilities. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the association, or any successor organization, shall be considered in violation of this chapter, in which case the Town shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the Town shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.
(3) 
Land stewardship plan. A land stewardship plan shall include a narrative describing:
(a) 
Existing conditions, including all natural, cultural, historic and scenic elements in the landscape.
(b) 
Objectives for each common open space area, including:
[1] 
The proposed end state for the area and the measures proposed for achieving the end state.
[2] 
Proposed restoration measures, including:
[a] 
Measures for correcting increasingly destructive conditions, such as erosion.
[b] 
Measures for restoring historic features.
[c] 
A maintenance and operations plan identifying activities needed to maintain the stability of the resources, including mowing schedules, weed control measures, planting schedules and clearing and cleanup measures and schedules.
The Adult-Oriented Business Overlay District is intended to facilitate the proper review of a proposed development involving a sexually or adult-oriented business establishment as defined by this chapter. The following regulations shall apply to the AOB Overlay District:
A. 
An AOB Overlay District shall not be established outside of the C2-Highway Commercial District.
B. 
An AOB Overlay District shall not be established within 2,500 feet of a church, school, public park, family day-care home, group day-care center or any public/institutional use.
C. 
An AOB Overlay District shall not be established within 2,500 feet of an existing sexually or adult-oriented business.
D. 
An AOB Overlay District shall not be established within 2,500 feet of any residential use.
A. 
General provisions.
(1) 
This listing of land uses is intended to broadly categorize potential uses of the land that may be possible in the Village of Tilton. The Zoning Administrator will be required to provide interpretation of these definitions in order to determine whether a proposed use is allowed in the applicable district. Land uses that are not specifically listed are not necessarily excluded from locating within a given zoning district.
(2) 
Whenever in the opinion of the Zoning Administrator a premises is of peculiar or unusual use which is not generally covered below, the Zoning Administrator may establish the amount of parking required on a case-by-case basis as a part of the building permit approval process. The Zoning Administrator shall utilize criteria set forth by the Urban Land Institute, Institute of Transportation engineers or other similar organizations providing reference information to determine the number of spaces needed.
B. 
Residential uses.
(1) 
Single-family residence.
(a) 
Land uses consisting of a single detached building containing one dwelling unit.
(b) 
Single-family residences should provide two parking spaces.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Two-family residence. Land uses consisting of a building containing two dwelling units.
(a) 
This includes dwelling units that are enclosed within a building or attached by a common floor or wall.
(b) 
Two-family residences should provide two parking spaces per dwelling unit.
(3) 
Multifamily residence. Land uses consisting of a building holding three or more dwelling units. This includes apartment buildings and other dwelling units that are enclosed within a building or attached by a common floor or wall.
(a) 
Each dwelling unit may be owner-occupied or renter-occupied, with the building, lot and/or unit in fee simple or condominium ownership.
(b) 
Multifamily residences should provide two parking spaces per dwelling unit.
(4) 
Mobile home.
(a) 
Land uses consisting of a building which is used, titled and registered as living quarters, and contains sleeping accommodations, a flush toilet, a tub or shower bath, kitchen facilities and plumbing and electrical connections for attachment to outside systems; and is designed for transportation after fabrication on streets or highways on wheels and arrives at the site where it is to be occupied complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like.
(b) 
Mobile homes should provide two parking spaces.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
Modular home.
(a) 
Land uses consisting of a building which is partially preassembled at a manufacturing plant and placed together or erected on a lot or parcel as a dwelling unit or units (also called "prefabricated or precut or double-wide homes") meeting the requirements of all applicable state and local building codes.
(b) 
Modular homes should provide two parking spaces.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6) 
Customary residential accessory building. Land uses clearly incidental to the primary residential use and includes such uses as garages (detached), storage sheds, decks, patios and porches.
(7) 
Substantial residential accessory building. Land uses not clearly incidental to the primary residential use due to scale (size), intensity of use or inconsistent architecture. Substantial residential accessory buildings include pole buildings, barns, large storage buildings, and the like, that exceed the height or floor area of the residence.
(8) 
Home occupation. Land uses consisting of economic activities performed as an accessory to a residential use and which are compatible with the character of nearby rural and residential areas.
(a) 
These uses shall be conducted entirely within a primary residential structure, and may have limited outward appearance, including limited signage, outdoor storage, parking and customer traffic. Examples include personal and professional services, handicrafts and other items produced on-site, and the sale of direct marketing products or other similar activities that are customarily conducted from a residence.
(b) 
Home occupations shall include the employment of no more than one additional person other than the resident occupants.
(9) 
Family day-care home. Land uses consisting of an occupied residence in which a qualified person or persons provide child care for four to eight children. The care of fewer than four children is not subject to the regulations of this chapter.
C. 
Commercial uses.
(1) 
Personal or professional service. Land uses that are exclusively indoor, whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis.
(a) 
Examples of such land uses include, but are not limited to, professional services, insurance services, realty offices, financial services, medical offices and clinics, veterinary clinics, barber shops, beauty shops and related land uses.
(b) 
Personal or professional service land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s).
(2) 
Indoor sales and service. Land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building with a footprint smaller than 20,000 square feet.
(a) 
This includes general merchandise stores, grocery stores, bait shops, sporting goods stores, antique stores, gift shops, laundromats, artisan and artist studios, bakeries and the like. Artisan craft production such as consumer ceramics, custom woodworking or other production activities directly associated with retail sales are regulated as "light industrial activities as an accessory to retail sales or service."
(b) 
Indoor sales and service land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s).
(3) 
Medium indoor sales and service.
(a) 
Land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building with a footprint of 20,000 square feet to less than 50,000 square feet.
(b) 
Medium indoor sales and service land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s).
(4) 
Large indoor sales and service.
(a) 
Land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building with a footprint of 50,000 square feet or greater.
(b) 
Large indoor sales and service land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s).
(5) 
Long-term outdoor display and sale. Land uses which conduct sales or display merchandise or equipment on a long-term basis outside of an enclosed building as a principal accessory use of the lot.
(a) 
Examples of such land uses would include vehicle and equipment sales and rental, manufactured housing sales, monument sales and garden centers. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk or salvage yard or other permanent outdoor land uses specifically defined by the Zoning Ordinance.
(b) 
Long-term outdoor display and sales land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s), plus one space per 2,000 square feet of outdoor sales or display area.
(6) 
Indoor maintenance service.
(a) 
Land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building.
(b) 
Indoor maintenance service land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s).
(7) 
Outdoor maintenance service.
(a) 
Land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.
(b) 
Outdoor maintenance service land uses should provide one parking space per 300 square feet of gross floor area in the principal building(s), plus adequate parking for the storage of vehicles awaiting service or pick-up.
(8) 
In-vehicle sales and service. Land uses which perform sales and/or services to persons in vehicles, or to vehicles which may be occupied at the time of such activity.
(a) 
Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations and all forms of car washes.
(b) 
In-vehicle sales and service land uses should provide one parking space per 150 square feet of gross floor area in the principal building(s).
(9) 
Indoor commercial entertainment and service.
(a) 
Land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks and pool halls. Such land uses do not include adult-oriented businesses. See the definition of an adult-oriented business for applicable regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
Indoor commercial entertainment land uses should provide one parking space per every three patron seats or one space per three persons at the maximum capacity of the establishment, whichever is greater.
(10) 
Commercial indoor lodging facility.
(a) 
Land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use.
(b) 
Commercial indoor lodging land uses should provide one parking space per room or suite, plus one space for every employee on the largest working shift.
(11) 
Resort establishment. Land uses which provide overnight housing in individual rooms, suites of rooms, cabins or cottages. Such land uses may also provide indoor and outdoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use.
(a) 
The maximum number of occupancy units in a resort shall not exceed a density of 10 units per acre in any zoning district.
(b) 
Resort land uses should provide one parking space per room, suite, cabin or cottage, plus one space for every employee on the largest working shift.
(12) 
Bed-and-breakfast establishment.
(a) 
Land use which provide lodging facilities that are an operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than 10 nights in a twelve-month period, providing meals only to renters of the place and are clearly residential structures in design, scale and appearance. Such land uses may provide indoor recreational facilities for the exclusive use of their customers. See 50 ILCS 820/2(a) for the state definition of bed-and-breakfast establishments.
(b) 
Bed-and-breakfast land uses should provide one parking space per bedroom.
(13) 
Group day-care center facility. Land uses in which qualified persons provide child-care services for nine or more children.
(a) 
Examples of such land uses include day-care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business or civic organization. In such instances, group day-care centers are not considered as accessory uses and therefore require review as a separate land use.
(b) 
Group day-care land uses should provide one parking space per every six-person capacity of the center, plus one space for each employee on the largest working shift.
(14) 
Commercial animal boarding facility. Land uses which provide short-term and/or long-term boarding for animals and related services.
(a) 
Examples of these land uses include commercial kennels and commercial stables. These uses include exercise yards, fields, training areas and trails.
(b) 
Commercial animal boarding land uses should provide one parking space per every 1,000 square feet of gross floor area.
(15) 
Adult-oriented business. Land uses that include any facility involving the display of sexually oriented materials such as videos, movies, slides, photos, books or magazines; or actual persons displaying and/or touching sexually specified areas. For the purpose of this chapter, "sexually specified areas" includes any one or more of the following: genitals, anal area, female areola or nipple; and "sexually oriented material" includes any media which displays a sexually specified area(s).
(a) 
The outward appearance of an adult-oriented business shall not detract from the ability of neighboring businesses to attract customers.
(b) 
An adult-oriented business land use should provide one parking space per every 300 square feet of gross floor area in the principal building(s) or one space per person at the maximum capacity of the establishment, whichever is greater.
(c) 
No adult-oriented business shall be located in the Village, except within an approved Adult-Oriented Business Overlay District. See the AOB Overlay District provisions of this chapter for additional regulations (§ 320-25).
(16) 
Personal storage facility. Land uses oriented to the indoor storage of personal items entirely within partitioned buildings having an individual access to each partitioned area.
(a) 
Such storage areas may be available on either a condominium or rental basis. Also known as "mini-warehouses."
(b) 
A personal storage facility land use should provide one parking space for each employee on the largest work shift.
(17) 
Portable storage facility. Land uses that include shipping containers, semi-trailers, portable on-demand storage (PODS®), and store-and-move (SAM) containers that are intended for temporary storage while an individual or business is relocating. Such storage facilities shall need a permit which regulates the length of time a portable storage facility is allowed on the specified premises.
(18) 
Indoor storage or wholesaling. Land uses primarily oriented to the receiving, holding and shipping of materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building.
(a) 
Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities and joint warehouse and storage facilities. Does not include uses described in the "personal storage facility" land use category. Retail outlets associated with this principal use shall be considered an accessory use.
(b) 
Indoor storage or wholesaling land uses should provide one parking space per 2,000 square feet of gross floor area in the principal building(s).
(19) 
Outdoor storage or wholesaling. Land uses primarily oriented to the receiving, holding and shipping of materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use.
(a) 
Examples of this land use include equipment yards, lumber yards, coal yards, landscaping materials yard, tank farms, construction materials yards and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. Contractors' storage yards are considered accessory in the "contractor shop" land use category. Retail outlets associated with this principal use shall be considered an accessory use.
(b) 
Outdoor storage or wholesaling land uses should provide one parking space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.
(20) 
Indoor retail sales activity as an accessory to industrial or indoor storage and wholesaling. Land uses that include any retail sales conducted exclusively indoors which are clearly incidental to an industrial facility or indoor storage and wholesaling facility on the same site.
(21) 
Contractor shop. Land uses that include businesses engaged in contract services or labor, such as contractors involved with landscaping, building construction or carpentry and electrical, plumbing or heating systems. Often involves accessory equipment storage yards and rental of equipment commonly used by contractors.
(a) 
Retail outlets associated with this principal use shall be considered an accessory use.
(b) 
Contractor shop land uses should provide one parking space per each employee on the largest work shift.
(22) 
Freight or bus terminal.
(a) 
Land uses that include facilities oriented to the short-term storage and trans-shipment of materials, and/or the outdoor storage of trucks and related equipment.
(b) 
Freight or bus terminal land uses should provide one parking space per each employee on the largest work shift.
(23) 
Communication tower facility. Land use that include freestanding broadcasting, receiving or relay structures, and similar principal land uses; and any office, studio or other land uses directly related to the function of the tower.
(24) 
Salvage yard.
(a) 
Land uses that include any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk, scrap materials or three or more inoperable vehicles.
(b) 
Salvage yard land uses should provide one parking space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.
(25) 
Solid or hazardous waste facility. Land uses that include any area, lot, land, parcel, building or structure, or part thereof, used for deposit, disposal, processing or transfer of solid, demolition or hazardous waste.
(26) 
Residential quarters. A room or suite of rooms located within the same principal building and occupied as a separate housekeeping entity by the owner, proprietor, employee or caretaker of the business. Such uses may provide sleeping quarters, kitchens and bathrooms.
(27) 
Rental efficiency. A room or suite of rooms located on the non-ground level of the same principal building and occupied as a separate housekeeping entity by the owner, proprietor, employee or caretaker of the business or by an individual not associated with the principal building. Such uses may provide sleeping quarters, kitchens and bathrooms.
D. 
Industrial uses.
(1) 
Light industrial activity as an accessory to retail sales or service. Land uses that include any light industrial activity conducted exclusively indoors which is clearly incidental to indoor sales or service on the same site.
(2) 
Light industrial.
(a) 
Land uses the operations of which (with the exception of loading operations):
[1] 
Are conducted entirely within an enclosed building;
[2] 
Are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line;
[3] 
Do not pose a significant safety hazard (such as danger of explosion); and
[4] 
Comply with all of the applicable performance standards.
(b) 
Light industrial land uses may conduct retail sales activity as an accessory use.
(c) 
Light industrial land uses should provide one parking space per each employee on the largest work shift.
(3) 
Heavy industrial.
(a) 
Land uses which meet one or more of the following criteria:
[1] 
Are not conducted entirely within an enclosed building;
[2] 
Are potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; and
[3] 
Pose a significant safety hazard (such as danger of explosion).
(b) 
Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
(c) 
Heavy industrial land uses should provide one parking space per each employee on the largest work shift.
E. 
Public/Institutional uses.
(1) 
Community living facility. Land uses that include facilities provided for in 210 ILCS 35/3(4), which serve the function as a transitional residential setting which provides guidance, supervision, training and other assistance to ambulatory or mobile adults with a mild or moderate developmental disability with the goal of eventually moving these persons to more independent living arrangements. Community living arrangements do not include day-care centers, nursing homes, general hospitals, special hospitals, prisons or jails. Community living arrangement facilities shall house no more than 20 residents as provided for in 210 ILCS 35/3(4). Capacity thresholds relative to district regulations are one to eight residents, nine to 15 residents and 16 or more residents.
(a) 
An applicant for a community living arrangement shall demonstrate that the total capacity of all community living arrangements within the Village would not exceed 1% of that Village's population with the addition of the proposed community living arrangement, unless a waiver to this standard is specifically authorized by the appropriate Village board following a public hearing.
(b) 
Community living arrangement land uses should provide the number of parking spaces established by the following guidelines:
[1] 
One to eight residents: three total spaces.
[2] 
Nine to 15 residents: four total spaces.
[3] 
Sixteen or more residents: five total spaces.
(2) 
Outdoor institutional. Land uses that include cemeteries, religious and historical shrines, outdoor education and interpretive centers and similar privately held permanently protected open areas.
(a) 
May include buildings supporting the principal outdoor institutional use, such as accessory educational and interpretive facilities and equipment storage sheds.
(b) 
Outdoor institutional land uses should provide one parking space per three expected patrons at maximum capacity.
(3) 
Minor indoor institutional. Land uses that are generally compatible with residential land uses and that do not exceed the parking or overnight accommodation thresholds that would instead classify such use as a "major institutional use."
(a) 
Includes uses such as small churches, small elementary or middle schools, small clinics, post offices, libraries, Village halls, police stations, fire stations, training centers, nursing homes, funeral homes and recreational or fraternal facilities such as gyms, swimming pools, museums, clubs and lodges, meeting halls and community centers, provided that the thresholds are not exceeded.
(b) 
Minor indoor institutional uses should provide the number of parking spaces established by the guidelines for major indoor institutional uses.
(4) 
Major indoor institutional.
(a) 
Land uses that include large-scale and/or intensive institutional uses that are generally not compatible with residential land uses and that exceed one or both of the following thresholds: following the parking guideline for this land use would require parking for 50 or more motor vehicles, or the use is intended to provide overnight accommodations for 15 or more persons.
(b) 
Major indoor institutional uses should provide the number of parking spaces established by the following guidelines:
[1] 
Church: one space per five seats at the maximum capacity.
[2] 
Community or recreation center: one space per 250 square feet of gross floor area, or one space per four patrons to the maximum capacity, whichever is greater.
[3] 
Funeral home: one space per three patron seats at the maximum capacity.
[4] 
Hospital or clinic: two spaces per three patient beds, plus one space per staff doctor and each other employee on the largest work shift.
[5] 
Library or museum: one space per 250 square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater.
[6] 
Elementary and middle school: one space per teacher and per staff member, plus one space per two classrooms.
[7] 
Senior high school: one space per teacher and staff member, plus one space per five non-bused students.
[8] 
College or trade school: one space per staff member on the largest work shift, plus one space per two students of the largest class attendance period.
[9] 
All other indoor institutional uses: one space per three expected patrons at maximum capacity.
[10] 
Nursing home: one space per six patient beds, plus one space per employee on the largest work shift.
[11] 
Monastery or convent: one space per six residents, plus one space per employee on the largest work shift, plus one space per five chapel seats if the public may attend.
[12] 
Assisted-living facility or retirement community: one space per dwelling unit.
[13] 
Other elderly or congregate residential facility: one space per six residents or patient beds, plus one space per employee on the largest work shift.
(5) 
Public service and utility.
(a) 
Land uses that include Village, county, state and federal facilities (except those otherwise defined in this section), wastewater treatment plants, public and/or private utility substations, water towers, utility and public-service-related distribution facilities and similar land uses.
(b) 
Public service and utility land uses should provide one parking space per employee on the largest work shift, plus one space per vehicle normally stored or parked on the premises, plus one space per 500 gross square feet of office area.
F. 
Park/Recreational uses.
(1) 
Outdoor public recreation. Land uses that include recreational uses located on public or private property which involve passive or active recreational activities that are open to the public or to customers, patrons or members.
(a) 
Passive uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, ski trails, horse trails, open grassed areas not associated with any particular active recreational land use, picnic areas, picnic shelters, gardens, fishing areas and similar land uses.
(b) 
Active uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses and similar land uses.
(c) 
This land use (active and passive) should provide one parking space per four expected patrons at maximum capacity. Additional paved, graveled or grassed area for overflow parking may be provided for occasional outdoor assembly land uses (i.e., special events) located on outdoor public recreation sites.
G. 
Open land/agriculture uses.
(1) 
Cultivation. Land uses that include the on-site, outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations.
(2) 
Husbandry. Land uses that include the on-site raising and/or use of animals.
(3) 
Agriculture. Land uses that include operations primarily oriented to raising agricultural commodities, including cultivation and/or husbandry. Examples of such land uses include, but are not limited to, feed lots, hog farms, commercial stables, poultry operations, fish farms, dairy operations, commercial greenhouse operations and value-added agriculture for products raised on site.
(4) 
Agricultural service.
(a) 
Land uses that include operations primarily oriented to the sale, handling, transport, packaging, storage or disposal of agricultural equipment, products, by-products or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities.
(b) 
Agricultural service land uses should provide one parking space per employee on the largest work shift or one space for every 200 square feet of product display area, depending on the specific land use type.
(5) 
On-site agricultural retail. Land uses that include operations associated with the sale of agricultural products grown exclusively on the site or exclusively by the farm operator.
(a) 
The sale of products grown or otherwise produced shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers and bags) shall be produced off-site.
(b) 
On-site agricultural retail land uses should provide one parking space per employee on the largest work shift or one space for every 200 square feet of product display area, depending on the specific land use type.
(6) 
Customary agricultural accessory building. Land uses that include, but are not limited to, barns, sheds, silos, equipment garages and towers (solely for the use of the agricultural operation) and may be located on the same lot as a primary farm operation or on a separate lot in conjunction with the farm operation.
A. 
Continuation of nonconforming use.
(1) 
Any use of a building or land lawfully existing on the effective date of this chapter, or lawfully existing at the time this chapter becomes effective as to such building or land, but which does not conform with the use regulations of the district in which the building or land is situated, may be continued under the regulations of this section, but this section shall not be interpreted as authorizing the continuation of any use of a building or land which was not lawfully existing on the effective date of this chapter or lawfully existing on the date this chapter became effective as to such building or land.
(2) 
If a building or land hereafter becomes subject to the provisions of this chapter, whether by annexation to the Village or otherwise, and the use of the building or land at the time it becomes subject to the provisions of this chapter is lawful but does not conform with the use regulations of the district in which the building or land is situated, such use shall be considered to be a lawful use which may continue as a nonconforming use under the provisions of this section.
(3) 
No use of a building or land which neither conforms with the use regulations of the district in which the building or land is situated nor qualifies as an authorized nonconforming use under the provisions of this section shall not be considered to be a lawful use or be permitted to continue under the provisions of this chapter.
(4) 
No use of a building which conforms with the use regulations of the district in which the building is situated shall be considered to be nonconforming merely because the building which is occupied by the use does not comply with the height regulations of the district in which the building is situated or because the building is so located on the lot that it does not comply with the yard regulations of such district.
(5) 
The regulations of this chapter pertaining to a building occupied by a nonconforming use shall apply not only to a building which is completely occupied by such a use but shall also apply to one in which the nonconforming use occupies only a portion of the building.
B. 
Change of nonconforming use. A nonconforming use of a building or land may be changed to another nonconforming use if the classification of the new use is equal to or more restricted than the classification of the former use. Whenever a nonconforming use is changed to a more restricted classification, then the use shall not thereafter be changed to a less restricted use.
C. 
Extension or expansion of nonconforming use. No nonconforming use occupying a portion of a building shall be extended or expanded into any other portion of the building. No building occupied by a nonconforming use may be enlarged unless the use is changed to a conforming use. No nonconforming use of land shall be extended or expanded.
D. 
Discontinuance or abandonment of nonconforming use. If a nonconforming use of land is discontinued for a period of more than six months, then the use shall not thereafter be resumed or reestablished, and the land shall not thereafter be used for any use which does not conform to the use regulations of this chapter. If a nonconforming use of a building is discontinued for a period of more than six months for any reason other than damage to the building by fire, explosion or act of nature, then the use shall not thereafter be resumed or reestablished, and the building shall not thereafter be used for any use which does not conform with the use regulations of this chapter. If a building occupied by a nonconforming use is damaged by fire, explosion or act of nature and its use is discontinued for a period of more than 12 months, then the use shall not thereafter be resumed and the building shall not thereafter be used for any use which does not conform with the use regulations of this chapter. If the use of a building or land is changed from a nonconforming use to a conforming use, then the nonconforming use shall be deemed to have been abandoned and the use of the building or land shall not thereafter be changed to a use which does not conform with the use regulations of the district in which the building or land is situated.
E. 
Alteration of building occupied by nonconforming use. No dwelling shall be converted, enlarged or structurally altered unless its use is a conforming use or the use is changed to a conforming use. A building, other than a dwelling, which is occupied, wholly or partly, by a nonconforming use may be converted, renovated or structurally altered (e.g., ADA requirements), but not enlarged, if the applicable building and lot regulations are fully met.
F. 
Repair of building occupied by nonconforming use. Any building occupied by a nonconforming use may be kept in repair and maintained. The replacement of the roof covering shall be considered as repair.
G. 
Termination of nonconforming use of land.
(1) 
Any use of land which, on the effective date of this chapter, lawfully exists but does not conform with the regulations of this chapter may be continued only for a period of two years from the date upon which such use becomes nonconforming. The term "use of land" includes both principal and accessory uses and refers not only to the use of bare or unimproved land but also to any use of land which involves a structure other than a building or involves an accessory building or buildings but no main building.
(2) 
A property owner may appear before the Zoning Administrator to present a case for an extension of time or exemption from this provision based on a review of and decision on the subject property by the Zoning Administrator.
H. 
Termination of nonconforming use of building.
(1) 
Any building (including two-family and multifamily dwellings), other then a single-family dwelling, on the effective date of this chapter, that lawfully exists but does not conform with the regulations of this chapter may be continued only for a period of two years from the date upon which such building becomes nonconforming.
(2) 
A property owner may appear before the Zoning Administrator to present a case for an extension of time or exemption from this provision based on a review of and decision on the subject property by the Zoning Administrator.
I. 
Reconstruction of building occupied by nonconforming use.
(1) 
If a dwelling or an accessory building associated with a dwelling (e.g., garage, shed, pool) is damaged by fire, explosion or act of nature and the cost of reconstructing the building will amount to more than 50% of the value of the building immediately prior to the occurrence as calculated from fair market value, then the building shall not be reconstructed unless its use is a conforming use, or the use is changed to a conforming use, or the Hearing Officer authorizes the reconstruction of the building under the authority granted by § 320-3, variations permitted by this chapter.
(2) 
If a building or an accessory building associated with the building, other than a dwelling, is occupied by a nonconforming use and the building is damaged by fire, explosion or act of nature and the cost of reconstructing the building will amount to more than 50% of the value of the building immediately prior to the occurrence as calculated from fair market value, then the building shall not be reconstructed unless its use is a conforming use, or the use is changed to a conforming use, or the Hearing Officer authorizes the reconstruction of the building under the authority granted by § 320-3, variations permitted by this chapter.
J. 
Right-of-way and easements as conforming uses. Rights-of-way and easements for highways, streets, alleys, walks, railroads, electric power lines, telephone lines, water mains, sanitary sewers and storm drains, whether belonging to a governmental body or a public utility, shall be considered to be conforming uses in each district.
A. 
Procedure. Accessory buildings and uses are those customarily incidental to the main or principal building or use as defined in § 320-26. Accessory buildings and uses (including garages, in-ground, above-ground and seasonal swimming pools, storage sheds, gazebos, work sheds, guardsman quarters and similar buildings and uses) which do not involve the conduct of a business are permitted in the Residential, Commercial, Industrial, Institutional/Public, Park/Recreation, and Open Land/Agriculture Districts. A building permit is required for any accessory building greater than 120 square feet. If an accessory building is not attached to the main building, it shall be located in the buildable area as identified by the district's building and lot regulations.
B. 
General requirements. The following regulations and standards for accessory buildings and uses shall apply:
(1) 
The maximum size of an accessory building or use shall not exceed the following aggregate square footage requirements:
Minimum Lot Size
Maximum Aggregate Square Footage
Less than 1 acre
900
1 acre but less than 2 acres
1,200
2 acres but less than 3 acres
1,960
3 acres or more
3% of the total lot area, provided that no individual accessory building may exceed 3,000 square feet, except upon approval of the Plan Commission
(2) 
Any proposed accessory building or use shall be located in the rear yard. Locating an accessory building or use in a front or side yard shall require a special use permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
The number of permitted accessory buildings or uses varies by zoning district; reference Appendix A.[1] Any accessory buildings or uses in excess of the permitted maximum shall require a special use permit.
[1]
Editor's Note: Appendix A, Building and Lot Regulations, is included as an attachment to this chapter.
(4) 
The type of construction and materials should substantially match the main or principal building or use.
(5) 
The maximum height of accessory buildings varies by zoning district; reference Appendix A. Accessory buildings taller than the maximum permitted height shall require a special use permit.
A. 
Purpose. This section is intended to promote the public health and safety by reducing the distracting characteristics of signs along public streets and highways and by prohibiting signs which interfere with public traffic control devices. This section is also intended to reduce possible confusion, which may result from the size, height and location of signs.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
SIGN
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity, or to communicate information of any kind to the general public. As regulated by this chapter, a sign shall be limited to a maximum of two sign faces.
SIGN, GOVERNMENT
Any temporary or permanent sign erected and maintained by the Village, county, state or federal government for traffic direction or for the designation or of direction to any school, hospital, historical site or public service, property or facility.
SIGN, HIGHWAY-ORIENTED
A sign identifying premises where food, lodging or places of business are located that engage in supplying goods and services essential to normal operation of motor vehicles, and where such businesses are directly dependent upon the adjacent highway for business. Pylon signs are included as highway-oriented signs.
SIGN, IDENTIFICATION
A sign which is limited to the name, logo, address and number of a building, institution or person and to the activity carried on in the building or institution, or the occupation of the person. Example: identification of a home occupation, business, apartment building and similar signage.
SIGN, MONUMENT
A sign in which the bottom of the sign is flush with the ground, anchored in the ground and is independent from any building or structure. Monument signs can identify residential subdivisions and buildings, structures and premises related to commercial, industrial, public/institutional and park/recreational uses. Monumental signs may include automatic changeable wording on the sign surface.
SIGN, PROJECTING
A sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building, structure or wall. Projecting signs shall include awning and canopy signs.
SIGN, TEMPORARY
A sign intended to be constructed or displayed for a limited period of time. Example: signs identifying property for rent, lease or sale, political signs, construction signs and similar signage.
SIGN, WALL
A sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or constructed and confined within the limits of an outside wall of any building or structure, which is supported by such wall, building or structure, and which displays only one sign surface.
SIGN, WINDOW
A sign, picture, symbol, or combination, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
C. 
Area of a sign. The specified dimensions of each sign type as identified in Appendix C shall be measured as follows:[1]
(1) 
When a sign is on a plate or framed, all of the plate or frame shall be included in the dimensions.
(2) 
When a sign is not on a plate or framed, but is partly or entirely outlined by a line or area of artificial light, or if on a plate or frame and circumscribed by a larger line or area of artificial light, all of the area circumscribed by a line or area of artificial light shall be included in the dimensions.
(3) 
When a sign consists of letters, designs or figures engraved, painted, projected or fixed on a wall, or freestanding in front of a wall, the total area of the sign shall be the areas of the smallest 90° geometric shape or circle within which all of the fixed lettering, designs or figures may be included.
(4) 
When a sign is double-faced, only one face shall be used for the purpose of calculating sign area.
[1]
Editor's Note: Appendix C, Signage Regulations, is included as an attachment to this chapter.
D. 
Regulations for a sign. Appendix C identifies sign regulations for each zoning district and overlay district.[2]
[2]
Editor's Note: Appendix C, Sign Regulations, is included as an attachment to this chapter.
E. 
Application for a sign permit. Application for a sign permit shall be filed by the owner of the sign or his agent with the Zoning Administrator of the Village of Tilton or representative. The application shall contain the following information:
(1) 
Name, address and telephone number of the owner of the sign, and agent, if any.
(2) 
Location of building, structure or lot to which or upon which the sign is to be attached or erected.
(3) 
Position of the sign in relation to nearby buildings or structures.
(4) 
Two prints or ink drawings of the plans and specifications, indicating the method of construction and attachment to the building or the ground.
(5) 
Name of person, firm, corporation or association erecting the sign.
(6) 
Evidence of written consent of the owner of the building, structure or land to which or on which the sign is to be erected.
(7) 
The fee for each permit, which shall be set from time to time by the Village Board. The fee for each permit shall be paid when the application is filed. The declaration of estimated construction cost shall be made by the permit applicant. If the responsible department determines that the estimated construction cost is unreasonable, the department may request the permit applicant to show proof of the actual construction cost and may adjust the fees to reflect the actual construction cost. The value to be used in computing the signage permit fees shall be the total value of all construction work, including materials and labor for which the permit is issued, and shall also include all finish work, painting, roofing, electrical and other permanent equipment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8) 
Such other information as the Zoning Administrator or representative shall require to show full compliance.
F. 
Inspection upon completion. The applicant who has been issued a permit for construction, installation, erection, relocation or alteration of a sign shall, upon completion of the work, notify the Zoning Administrator or representative, who shall inspect the condition of the sign with respect to its safety and location, and if he/she finds that the sign, with respect to its safety and location, has been constructed in compliance with the ordinances of the Village, he/she shall then issue such applicant a permit in writing, authorizing such applicant to operate and maintain the sign.
G. 
Installation requirements. All signs regulated by this chapter, except identification signs, government signs and temporary signs as identified in Subsection B, Definitions, shall be designed by a certified sign manufacturer and installed by a certified sign installer.
H. 
Maintenance requirements. All signs regulated by this chapter, together with their supports, braces and anchors, shall be constructed of materials that are durable and weather-resistant. The sign owner shall be responsible for regularly maintaining all signs so as to exist at all times in a state of good repair as determined by the Zoning Administrator or representative.
I. 
Unsafe or unlawful signs. If the Zoning Administrator or representative shall find that any sign or advertising structure regulated by this chapter is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, he or she shall give written notice to the property owner thereof. If the property owner fails to remove or alter the structure so as to comply with the standards set forth in this chapter within 10 days after the notice, the sign or other advertising structure may be removed or altered by the Zoning Administrator or representative to comply with this chapter at the expense of the property owner.
J. 
Nullification. If the work authorized under a permit to build a sign has not been completed within two months after date of its issuance, the permit shall become void. Permit fees will not be refunded.
K. 
Revocation. Permits granted under the terms of this section are not transferable. The Zoning Administrator is hereby authorized and empowered to revoke any permit issued by the Village if the holder of the permit fails to comply with any provision of this section. Fees will not be refunded.
L. 
Permit exceptions. The following operations shall not be considered as creating a sign and shall not require a sign permit:
(1) 
Temporary signs, government signs and window signs as defined in Subsection B, Definitions.
(2) 
The changing of the advertising copy or message on an approved sign as identified in Subsection B, Definitions, designed for the use of replaceable copy.
(3) 
Painting, repainting, cleaning and other normal maintenance and repair of a sign or sign structure.
(4) 
Relocation or reconstruction of signs to conform to the requirements of this chapter, when such signs existed at the time of enactment of this chapter, provided such signs conform to all requirements of this chapter thereafter. A permit is required for the relocation of nonconforming signs.
M. 
Issuance of permit.
(1) 
It shall be unlawful for any person to install, construct, erect, alter, reconstruct or relocate any sign or signs within the Village of Tilton without obtaining a valid permit, in writing, from the Zoning Administrator or representative, and making payment of the fees required herein by Subsection E, Application for a sign permit, of this section, unless such signs are temporary as defined in Subsection B, Definitions, of this section and are permitted without a permit by Subsection L, Permit exceptions, of this section.
(2) 
The permit shall be issued by the Zoning Administrator or representative within 30 days of application, once all of the above requirements are met and the appropriate fee is paid.
N. 
Prohibited signs. The following signs are prohibited by this section:
(1) 
Any sign which, by reason of its size, location, movement, content, coloring or manner of illumination, constitutes a traffic hazard or is a detriment to traffic safety by obstructing or detracting from the visibility of any official traffic control device, by obstructing the vision of drivers at any intersection, driveway or crosswalk; by imitating or simulating any traffic control sign or device; or by confusing or misleading traffic.
(2) 
Any sign which contains or is an imitation of an official traffic sign or signal, except for private traffic direction or traffic control signs specifically permitted.
(3) 
Any signs of a type not defined in Subsection B, Definitions, of this section describing commercial or business products, services or entertainment provided.
(4) 
Illuminated signs which permit light to shine directly upon adjacent property, or onto a public street right-of-way, the illuminating of which is either objectionable or constitutes an unreasonable interference with the use of the adjoining property or the use of an adjoining public street, or which creates a hazardous traffic condition.
(5) 
Any off-premises sign.
(6) 
Any abandoned sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found.
O. 
Removal of abandoned signs. Any sign which no longer advertises a bona fide business conducted, or product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which the sign may be found, within 10 days after written notification from the Zoning Administrator or representative, and upon failure to comply with the notice within the time specified in the order, the Zoning Administrator or representative is hereby authorized to cause removal of the sign, and any building or structure to which the sign is attached. Any expenses incurred by the Village in enforcing this subsection shall become a lien upon the property.
P. 
Nonconforming signs.
(1) 
Nonconforming signs lawfully erected prior to adoption of this section or any amendments thereto which do not meet the standards of this section may be continued if properly repaired and maintained as provided in this section and continue to be in conformance with other Village ordinances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
A nonconforming sign may not be:
(a) 
Changed to another nonconforming sign.
(b) 
Structurally altered so as to prolong the life of the sign.
(c) 
Expanded.
(d) 
Subsequently reestablished or replaced after its having been removed for 30 days or more.
(e) 
Reestablished after damage or destruction, if the estimated expense of reconstruction exceeds 50% of the appraised replacement cost at the time of the damage or destruction.
(f) 
Routinely maintained where the cost of such repair or maintenance is 5% of the current replacement costs for any period of 12 months. However, nothing in this subsection shall be deemed to prevent the strengthening or restoring to a safe condition of any sign or part thereof declared to be unsafe by any official charged with protecting the public safety.
(g) 
Relocated, unless relocation brings the sign into conformance with all the requirements of this section, except that where a nonconforming sign is located within a right-of-way taken or acquired by a public body for street improvement purposes, then the relocation of such a sign is permitted.
(3) 
All permanent nonconforming signs shall be removed or brought into conformity with this chapter within 12 months of the effective date of this chapter. The owner of a nonconforming sign may request approval for continuance as per Subsection P(4) hereof. All existing nonconforming temporary signs not defined in Subsection B, Definitions, shall be removed within 30 days of adoption of this chapter.
(4) 
The Hearing Officer, after receiving the recommendation of the Plan Commission, shall have the power to grant a variance from the provisions of Subsection P(2) of this section, so as to permit change, alteration, reestablishment or more than routine maintenance of a nonconforming sign, where such change, alteration, reestablishment or maintenance shall not increase the size of the sign, make it radiate or reflect more light or otherwise make it visually more objectionable. No such variance granted by the Hearing Officer shall in any way postpone the time for removal of the nonconforming sign as provided in Subsection P(3) of this section beyond the time when the original sign, which was permitted to be changed, altered, reestablished or maintained hereunder, would have been required to be removed.
Q. 
Penalty. Any person who shall violate the provisions of this section shall, upon conviction, be subject to a penalty of not less than $50 per day nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to this penalty, the Village may utilize any other statutory or common law remedies deemed appropriate by a court of law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Purpose and intent.
(1) 
The purpose of this section is to establish uniform design standards for site design, circulation and access, landscape and buffers, architecture and signage for all persons, firms or associations seeking to use premises for commercial, industrial, public/institutional, park/recreation and open land/agriculture purposes.
(2) 
The intent of this section is to establish uniform design standards that are applicable to all new buildings, structures, uses and additions or alterations to existing buildings and structures greater than 1,000 square feet for commercial, industrial, public/institutional, park/recreation and open land/agriculture purposes.
B. 
Applicability. All persons, firms or associations seeking to use premises for commercial, industrial, public/institutional, park/recreation and open land/agriculture purposes, whether by zoning permit, special use or any other way, shall file an application, site plan, plan of operation and building plans with the Village Clerk. All application filings are subject to approval by the Village Plan Commission. At the time the person, firm or association files an application with the Village Clerk, the person, firm or association must pay the applicable fees to the Village Clerk required and established through resolution by the Village Board. No person, firm or association shall use or own any premises for commercial, industrial, public/institutional, park/recreation and open land/agriculture purposes without obtaining the prior permission of such application, site plan, plan of operation and building plans by the Village Plan Commission. Such use shall strictly conform to the approval of the Village Plan Commission.
C. 
Site design standards. "Site design" refers to the overall layout of the site and the relationship of major features such as buildings, streets, parking and supporting elements.
(1) 
Building location and setbacks. Buildings should be located to strengthen the definition of street edges and public areas. Building setbacks should also be consistent with those of buildings located on adjacent properties.
(2) 
Parking lot configurations and location. Parking lots should be designed to accommodate convenient vehicular navigation. Generally, two-way drive aisles should be 24 feet wide, and non-handicapped-accessible spaces should be nine feet wide by 18 feet deep. Dead-end aisles should be avoided where possible, but shall include a vehicle turnaround when used. Parking lots should also be arranged to provide convenient access to buildings and be primarily located to the side, rear or between buildings.
(3) 
Public space. The integration of public areas, including courtyards, plazas and gardens, into the site is encouraged. These spaces should be defined by surrounding buildings, street edges, landscaping and natural areas.
(4) 
Service, mechanical, refuse location. Service and storage areas, building mechanicals and refuse/recycling containers shall be located so that they are hidden from public view to the greatest extent possible.
(5) 
Stormwater configuration. Stormwater retention and detention areas should be designed to enhance the landscape through the use of natural forms and grading as opposed to rigid geometric shapes.
(6) 
Additional standards.
(a) 
Building elevation priority. Building elevations visible from public streets, public spaces and residential areas shall receive the highest priority for architectural treatment and design treatment.
(b) 
Fences. Decorative fences made of wood, masonry, stone and ornamental metal are preferred over chain-link fences. Chain-link fences should be used only when there is a demonstrated security need.
(c) 
Lighting. Site lighting shall be provided for safety and security and directed down and away from adjacent properties. Light pollution shall not exceed 0.5 footcandle at the property line as illustrated by a lighting plan.
D. 
Circulation and access. Circulation and access includes the coordination of vehicular and pedestrian movement from exterior rights-of-way and within the site.
(1) 
Roadway access. Vehicular access points shall be organized and coordinated to:
(a) 
Provide adequate, safe and convenient access to and from adjacent streets.
(b) 
Minimize redundancy and potential traffic conflicts.
(c) 
Align with existing and proposed access points across adjacent streets.
(2) 
Cross-access. Vehicular access to adjacent sites should be provided for similar land uses where possible. This will limit the need to use the adjacent streets when traveling to neighboring sites.
(3) 
Major site entrances. Major entrances to the site should be given prominence through enhanced design features such as medians, landscaping, architectural signage, etc.
(4) 
Pedestrian access. Sidewalks and paths should be provided to accommodate safe and convenient pedestrian travel within and between adjacent sites. Pedestrian walks should also be separate and distinct from vehicular travel lanes and adequately lit for use at night.
E. 
Landscape and buffers. Landscape and buffers refer to plant material and decorative elements used to enhance the site, buildings and natural features, and also screen unsightly and intense uses from public view.
(1) 
Street and drive definition. Landscaping, including trees, should be provided at regular intervals along adjacent streets and internal drives to add aesthetic quality and define road edges.
(2) 
Parking lot buffering. Landscaping, including trees, should be provided along the edges of parking lots that are not directly adjacent to a building to provide definition and buffering.
(3) 
Lot line buffering. Significant landscaping, including trees, berms and/or decorative walls/fencing, should be provided along property edges that abut less intensive uses.
(4) 
Prominent features enhancement. Prominent features within the site, such as plazas and major entrances, should be enhanced with landscape features.
(5) 
Building entrances and edges enhancement. Appropriately scaled landscaping should be used to accent and define building foundations and entrances.
(6) 
Natural features enhancement. Landscaping should be used throughout the open space on the site to enhance natural areas and features.
(7) 
Parking lot greening. Landscaped areas and islands within parking lots should be used to soften and interrupt large paved areas.
(8) 
Refuse, service, mechanical screening. Refuse and recycling containers; service, loading and storage areas; and building mechanicals should be screened with opaque landscaping and/or decorative walls when not otherwise hidden from public view.
(9) 
Additional standards.
(a) 
A mix of coniferous and deciduous trees should be used across the site for variety and to ensure that green landscaping remains in the winter months.
(b) 
Lighting. Decorative lighting should be used to highlight and accent prominent landscape features. Light pollution shall not exceed 0.5 footcandle at the property line as illustrated by a lighting plan.
F. 
Architecture. These standards are intended to highlight basic architectural principles. The illustrations shown are simple building designs meant to convey those principles, but are not intended to regulate specific architectural styles. A variety of architectural styles is encouraged.
(1) 
Building composition.
(a) 
Building elevations should be organized to define base, middle and top elements. The base of the building anchors it to the ground and is the interface between the building and people.
(b) 
Depending on the height of the building, the base may range in height from one-half to one or more stories. The base should be highly articulated.
(c) 
The transition between the base and top of the building, the middle, should be emphasized through use of contrasting materials, protrusions and recesses, window openings and other elements.
(d) 
The top of the building should provide a termination and is an opportunity for an interesting silhouette.
(2) 
Building rhythm.
(a) 
Building facades should be articulated to establish a rhythm. In architectural terms, "rhythm" refers to the regular and harmonious repetition of vertical building elements. These patterns often reflect the building's structural bays and also provide scale by breaking the facade into smaller identifiable components.
(b) 
Rhythm should be established through changes in plane (to avoid long flat facades), but can also be expressed through the use of windows, roof line changes, material changes and ornamentation.
(3) 
Building scale.
(a) 
Building scale should be consistent with that of neighboring buildings. This does not require that entire buildings need to be the same height or width, but that the components of adjacent buildings relate to one another in terms of scale.
(b) 
As examples, a long building next to a relatively narrow building could be properly scaled through the use of smaller building components. Also, a tall building next to a shorter building could be properly scaled through use of elements that create smaller components and roof lines that relate to the shorter building.
(4) 
Building proportion.
(a) 
Building massing and components should demonstrate consistent proportional harmonies. "Proportion" refers to the relationship of the width to the height of building components and the building as a whole.
(b) 
A well-proportioned building has component parts that have the same proportion as other parts. For instance, the windows may have the same proportion as the protruding entrance bay or other building element. The illustration above depicts a building with multiple proportion systems.
(c) 
In general, shorter buildings should emphasize elements with a vertical proportion (greater height than width) to avoid a squat appearance.
(5) 
Building entrances.
(a) 
Building entrances should be given prominence and be clearly defined through use of distinctive features such as recesses or protrusions, roof elements, awnings, columns, ornamentation, landscaping, lighting, etc.
(b) 
Additional standards.
[1] 
Materials. The use of materials such as brick, stone, decorative block, sealed wood, exterior insulation and finish systems (EIFS) and glass is encouraged. Extensive use of metal or exposed nondecorative concrete building finishes is discouraged on building elevations visible from streets and publicly accessible areas, and residential neighborhoods.
[2] 
Lighting. The use of lighting is encouraged to highlight and accent architectural features, but shall not adversely affect neighboring properties through glare. Light pollution shall not exceed 0.5 footcandle at the property line as illustrated by a lighting plan.
G. 
Signage. These standards are intended to highlight basic signage principles. The illustrations shown are simple sign designs meant to convey those principles, but are not intended to regulate specific sign styles.
(1) 
Projecting, wall and window signage.
(a) 
Signage attached to building surfaces should complement the building architecture and composition. Signs should be properly scaled and located to be integrated with the building facade.
(b) 
In addition, sign design, color and material selection should be coordinated with the building architecture, including signage for multitenant buildings.
(2) 
Highway-oriented, identification, monument and temporary signage.
(a) 
Signage freestanding should be incorporated into the overall site design and complement the building architecture in terms of scale, design, color and materials.
(b) 
Monument signs are preferred over highway-oriented signs.
(c) 
All monument signs should be complemented with appropriately scaled landscaping around the base.
(3) 
Additional standards.
(a) 
Lighting. Lighting of signage is preferred over internally lit (back-lit) signage. Any lighting used for signage shall not adversely affect neighboring properties through glare. Light pollution shall not exceed 0.5 footcandle at the property line as illustrated by a lighting plan.