A. 
Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of public health, safety, morals, and welfare.
B. 
Relationship with other laws. Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein, or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.
C. 
Effect of existing agreements. This chapter is not intended to abrogate any easement, covenant, or another private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirement) than such easements, covenants or other private agreements, the requirements herein shall govern.
It is hereby declared to be the intention of the Village of Dwight that the several provisions of this chapter are separable, in accordance with the following:
A. 
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgement shall not affect any other structure, such judgement shall not affect any other provisions not specifically included in said judgement.
B. 
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgement shall not affect the application of said provisions to any other property, building or structure not specifically included in said judgement.
Ordinance No. 674 passed in 1977 relating to the zoning of land is hereby repealed and all other ordinances or parts of ordinances of the Village of Dwight unconstitutional or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.
A. 
Change in structures or use. Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.
B. 
Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of this zoning ordinance may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions in Article V.
C. 
Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated - subject thereafter to the provisions of Article V.
A. 
Use. No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure shall be erected, raised, moved, re-constructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.
B. 
Bulk. All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the Village of Dwight.
A. 
Maintenance of yards, courts, and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
B. 
Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
C. 
Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D. 
Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
E. 
Permitted obstructions in required yards.
(1) 
The following shall not be considered to be obstructions when located in the required yards as specified:
(a) 
In all yards:
[1] 
Open terraces not over four feet above the average level of the adjoining ground, but not including permanently roofed over terrace or porch;
[2] 
Awnings and canopies, but not projecting more than three feet, and at least seven feet above the average level of the adjoining ground;
[3] 
Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;
[4] 
Chimneys projecting two feet or less into the yard;
[5] 
Arbors, trellises, flag poles, fountains, sculptures, plant boxes and other similar ornamental objects;
[6] 
Fences, as provided for in Article XIV of this chapter.
[7] 
Flowers, landscaping, trees, shrubs and gardens.
(b) 
In front yards. One-story bay windows projecting three feet or less into the yards; and over hanging eaves and gutters projecting three feet or less into the yard;
(c) 
In rear yards. Enclosed, attached or detached on-street parking spaces, open off-street parking spaces, accessory shed, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows projecting three feet or less into the yard. In any residential district, no accessory building shall be nearer than five feet to the side lot line, nor nearer than five feet to the rear lot line, nor nearer than 10 feet to any principal building unattached.
(d) 
In side yards. Over hanging eaves and gutters projecting into the yard for a distance not exceeding 40% of the required yard width, but in no case exceeding two feet.
(2) 
No obstructions in required yards. Except as herein before set forth in Subsection E(1)(a), (b), (c), and (d) above, any obstruction that does not otherwise violate any provision of this chapter may be placed in any yard subject to the following restrictions:
(a) 
When located in a side yard, the obstruction may not be located in a required side yard.
(b) 
When located in a rear yard, the obstruction may be placed no nearer than five feet from the rear lot line but not in any required side yard.
(c) 
When located in a front yard, the obstruction may be placed no nearer than 20 feet from the front lot line but not in any required side yard.
F. 
Vision clearance - corner lots.
(1) 
No building or structure erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
(a) 
In any residential district, exceeding a height of three feet above the street grade within 25 feet of the intersecting street lines bordering corner lots; and
(b) 
In any manufacturing district, within 12 feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.
(2) 
All trees with overhanging branches located in any residential, commercial, or industrial district shall be not less than six feet above the center line of the street.
G. 
Exceptions for existing developments.
(1) 
Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (within a variation of five feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing building.
(2) 
Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as herein required then:
(a) 
Where a building is to be erected within 100 feet of existing building on both sides, the minimum front yard shall be a line drawn between the contiguous front corners of the two existing buildings.
(b) 
Where a building is to be erected within 100 feet of an existing building on one side only, it may be erected as close to the street as the existing building.
A. 
Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.
B. 
Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership which was of record at the time of adoption of this chapter, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75% of the minimum required dimensions of areas.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
A home occupation is any occupation, business, profession, vocation, avocation, or other activity engaging in for income or profit, conducted by any occupant of any residential property situated in a residential zoning district, which business use meets all of the following requirements:
(1) 
The business use engaged in does not alter the residential character of the residential area in which the subject property is situated.
(2) 
The business use is not apparent from the exterior appearance of the residential property except for Subsection A(4).
(3) 
The business use does not cause apparent traffic and parking congestion in residential areas.
(4) 
Signs denoting only the name and profession/business of an occupant in a dwelling house and not exceeding two square feet in area.
(5) 
All advertising with respect to the business use is of such a nature so as not to invite or attract walk-in clients or customers.
(6) 
The business use shall not be of a nature that contemplates or attracts walk-in customers or clients.
(7) 
All business conducted on the premises shall be by appointment or invitation only.
(8) 
There will be no more than three customers or clients of the business use at the residence at any time.
(9) 
All supplies, vehicles, merchandise, equipment, inventory and other property related to the business use shall be stored entirely within an enclosed building, and all business activity shall be conducted entirely within an enclosed building; for the purposes hereof, the enclosed building shall be either the residential building or an accessory structure otherwise permitted within the residential zoning district in which the property is located.
(10) 
No vehicles or other transportation equipment used in connection with the business use shall be parked on the property other than in an enclosed building or on the public street or right-of-way, other than automobiles, pickup trucks and other similar vehicles having as their primary use of transportation of persons.
(11) 
The business use is subordinate to the use of the premises for residential purposes and residential use remains the primary use of the premises.
(12) 
The owner of the business, or an immediate family member of the owner of the business, must reside in the affected residence. In the case of partnerships, corporations, or other similar business entities, all of the parties having ownership interests in any of said entities, or their immediate family members, shall reside in the affected residence.
B. 
Garage sales, retail sale parties and other similar functions held at a residence shall not constitute a home occupation and shall be permitted under this chapter as incidental to a residential use, provided that said activity is not conducted for more than six calendar days during any calendar year, which may be, but need not be, consecutive.
C. 
All business uses which do not satisfy the requirements set forth above for home occupations shall not be permitted in any residential district.
Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of this chapter.
Except in the case of a planned unit development, not more than one principal detached residential building shall be located on a residential lot within an R-1 or an R-2 Zoning District, nor shall a principal detached residential building be located on the same zoning lot with any other principal building in an R-1 or an R-2 Zoning District.
An area indicated on the Zoning Map as a public park, recreation area, public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated, and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the Village Board of Trustees within three months after the day of application filed for rezoning.
A. 
Location. When a side yard is required, no part of an accessory building or use shall be located or permitted closer than five feet to the side lot line along such side yard. Further, such accessory building or use shall not be located or permitted in any side or front yard.
B. 
Time of construction. An accessory building or structure may be constructed on any lot prior to the start of construction of the principal building to which it is accessory provided that the construction of the principal building is completed within one year of the issuance of the building permit for the accessory building or structure.
C. 
Percentage of required rear yard occupied. No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.
D. 
Height of accessory buildings in required rear yards. No accessory building or portion thereof located in a required rear yard shall exceed 15 feet in height or 75% of the height of the principal building, whichever is greater.
E. 
On reversed corner lots. On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear. Further, in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.
A. 
A temporary real estate office may be allowed in conjunction with a new housing development, limited to the selling or renting of new units in such development, but in no case to be in operation for more than one year following completion of construction of said housing development.
B. 
Temporary buildings for construction purposes may be allowed in any district for a period not to exceed the completion date of such construction.
Where a use is classified as a special use and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal use, without further action of the Village Board of Trustees, the Zoning Administrator, the Board of Appeals, or the Plan Commission.
When a use is not specifically listed in the actions devoted to Permitted Uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Plan Commission it is determined that said use is similar to and not more objectionable than uses listed. Such uses may then be permitted.
A. 
Location. No antenna tower or dish antenna shall extend above, across, under or over any public sidewalks, public streets or other public right-of-ways and shall have no wires or metal rods extending therefrom above, across, under or over any public sidewalks, public streets or other public right-of-ways.
B. 
All wires, rods, and other connectors between antenna towers or dish antennas and the structure receiving services from the antenna towers or dish antennas must be located under ground if ground mounted or securely attached to or located within the structure receiving service if the antenna towers or dish antennas are roof mounted.
C. 
Dish antennas. Satellite dish antennas in excess of 36 inches shall be allowed to be constructed in rear yards, in interior side yards, and on an existing structure only. A permit shall be necessary for their construction as an accessory use.
D. 
Other television or radio towers or antennas. Other radio or television towers or antennas shall need a permit for their construction as an accessory use. The height shall be limited to 55 feet for all zoning districts, shall be constructed or installed in rear yards or on those portions of roofs of buildings facing the rear yard and shall not be more than three feet from the principal building. The tower/antenna shall not be so positioned as to be a hazard to any utility line.
E. 
Compliance with federal provisions. All radio and antenna towers shall comply with all applicable FCA and FAA requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Installation. In each residential, business, industrial or other district described in this chapter, at least one smoke detector shall be located on each floor of each dwelling unit.
B. 
Enforcement. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this section related to the installation of smoke detectors shall, upon conviction, be subject to the penalty prescribed in § 1-12 of this Code per smoke detector not installed pursuant to the specifications of this chapter, with each 10 days that the violation is permitted to exist after the first such violation constituting a separate offense.
C. 
Prior to any occupancy permit being issued in any structure wherein smoke detectors are required by this section, the Building Inspector shall not issue any such occupancy permit until the provisions with respect to this section have been complied with.
D. 
The Building Inspector is hereby authorized to make reasonable inspections of any building or other premises from time to time wherein smoke detectors are required pursuant to this section for the purposes of enforcement hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
The final yard grade shall be at its highest point as the level of the attached garage floor. The grade at the garage floor shall not be less than 12 inches and not more than 24 inches above the average height of the curb. In the event there is no street curb immediately abutting the front yard of the zoning lot, then the grade at the building foundation shall be measured from the highest point on the street at the center of the lot. All grades shall generally slope from the building foundation to the top of the street curb or street pavement, as the case may be, and all sides shall have an equal grade and be consistent with good drainage and conform with adjacent properties within the variation as allowed by this section.
B. 
The foregoing notwithstanding, the final yard grade of any improved lot may not vary by more than 25% from the height of final grade of an immediately adjacent improved lot. An improved lot for the purposes of this subsection shall be a lot on which there exists a principal building. If there is more than one adjacent improved lot abutting the improved lot in question, and if due to variations in the height of final grades of abutting lots the 25% limitation set forth above is not feasible, then the final grade of the improved lot in question shall be the average height of the final grades of all improved lots abutting the improved lot in question.
C. 
This section shall apply for all building permits issued for construction in residential districts. Prior to issuance of a building permit, it shall be the Builder's responsibility to place a grade stake at the street curb or street pavement with the proposed height of the final grade clearly labeled and marked on the stake. The stake shall be painted or marked with lath with bright ribbon, flagging, or other suitable means so that it is clearly visible. The Builder shall notify the Village when the grade stake has been set and is ready for inspection. The Village Inspector shall check the proposed height of the final grade for compliance with this chapter and notify the Builder as to whether the subject grade is approved or disapproved within five working days of receipt of the notice. Village Inspector will document all grades on the rear of the Building Permit. If the Village Inspector disapproves of the proposed height of the final grade, the reason(s) for disapproval shall be indicated to the Builder and the Builder shall make necessary corrections to the grade stake and re-notify the Village for re-inspection. Builder may commence with excavation and construction activities upon issuance of the building permit by the Village Inspector.
D. 
Upon completion of construction, Builder shall notify Village and the Village Inspector shall recheck the height of the final grade to verify that it is within 0.10 feet of the proposed height, and in conformance with this chapter.
E. 
Failure to comply with the provisions of this section may result in a penalty as prescribed in § 1-12 of this Code.
The Village Board shall establish a schedule of tap on fees applicable for connection to Village services including but not limited to water, wastewater, and stormwater. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application. The schedule of Tap-On fees may be obtained in the office of the Village Clerk, 209 S. Prairie Avenue or online at dwightillinois.org.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Purpose.
(1) 
The general purpose of the provisions within this chapter are as follows: to establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of Wind Energy Systems: to assure that any development and production of wind-generated electricity in the Village of Dwight is safe and to minimize any potentially adverse effects on the community; to promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals; and to facilitate energy cost savings and economic opportunities for Village of Dwight residents and businesses.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AMBIENT SOUND LEVEL
The all-encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this chapter, the "ambient sound level" shall mean the quiescent background level, that is, the quietest of ten-second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs, cars in line-of-sight, or jets). Daytime ambient measurements should be made during mid-morning, weekday hours while nighttime measurements should be made after midnight.
AREA, CORNER SIDE
The area of a lot lying between the boundary of the corner side building elevation of the principal structure and the corner side lot line, unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such area of a lot as allowed elsewhere in the Zoning Ordinance.
AREA, FRONT
The area of a lot lying between the boundary of the predominant front building elevation of the principal structure and the front lot line, extended across the full width of the lot unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such area of a lot as allowed elsewhere in the Zoning Ordinance.
BUILDING MOUNTED WIND ENERGY SYSTEMS (BWES)
A Wind Energy System that utilizes a monopole to structurally attach onto the roof of a building or to the side of a building. A BWES system may have a Horizontal Axis or Vertical Axis Wind Turbine system attached to generate the power.
DAYTIME HOURS
The hours of the day from 7:00 a.m. to 10:00 p.m., local time.
HEIGHT, WIND ENERGY SYSTEM
The vertical distance above the average grade of the adjacent ground to the highest point of travel of a WED, including the highest reach of the blades.
HORIZONTAL AXIS WIND TURBINE (HAWT)
A turbine that rotates on a horizontal axis, typically with propeller blades. They have the main rotor shaft and generator at the top of the tower and must be pointed into the wind. Smaller turbines are pointed by a simple wind vane, while larger turbines generally use a wind sensor coupled with a servo motor. Most have a gearbox, which turns the slow rotation of the blades into a quicker rotation that is more suitable to drive an electrical generator.
LARGE WIND ENERGY SYSTEMS (LWES)
A Wind Energy System with turbine towers and fully extended blades which primarily produce energy for its owner (affiliated business). A LWES may only include one Wind Energy System, electronic conversion, and distribution system.
NIGHTTIME HOURS
The time of the day after 10:01 p.m. until 6:59 a.m. local time.
NONPARTICIPATING PROPERTY
A lot that is not owned by the Owner of the property on which the WES is proposed or installed.
OPERATIONAL CONDITION
WES facilities being capable of operating at full capacity while meeting all sound and other permit conditions.
OWNER
The person(s) who hold(s) title of the property on which a SWES facility is installed.
PARTICIPATING PROPERTY
The property on which a SWES is located.
SHADOW FLICKER
The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. Shadow flicker intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.
SMALL WIND ENERGY SYSTEM (SWES)
A Building Mounted Wind Energy System or Tower Mounted wind Energy System that is accessory to the principal use and intended to primarily reduce on-site consumption of utility power. SWES energy produced in excess of on-site consumption may be sold back to the utility power service provider. However, a wind energy system that primarily produces energy to be sold commercially shall be classified as a Large Wind Energy System.
SOUND
A disturbance or oscillation that propagates outwardly as acoustic waves through the air.
SOUND FREQUENCY
The number of oscillations per second expressed in hertz (Hz). High frequency sound has more oscillations per second, whereas low frequency sound has fewer. The types of frequencies include:
(a) 
AUDIBLE OR TONAL SOUNDSound frequencies between 20-20,000 Hz.
(b) 
BROADBANDA wide range of frequencies above 100 Hz.
(c) 
LOW FREQUENCYSound with frequencies below 100 Hz, including audible sound and infrasound.
(d) 
INFRASOUNDSound frequencies below 20 Hz.
SOUND LEVEL
The A-weighted sound pressure level in decibels {dB(A)} (or the C-weighted level {dB(C)}, if specified) as measured using a sound level meter that meets the requirements of a Type 2 or better precision instrument according to ANSI S1.4 must have an integrating feature that meets ANSI S1.43 and procedures must meet the applicable portions of ANSI S12.9. All sound measurements must be made when ground level winds are below six mph. The "average" sound level is time-averaged for a period of not less than one minute nor more than two minutes using an integrating sound level meter that meets the requirements of ANSI S1.43 or its latest revision.
SOUND PRESSURE LEVEL, A-WEIGHTED dB(A)
The "weighted" scale that is most often utilized for the measurement of audible or tonal sound levels. These are sounds that range from 20 to 20,000 Hz and that the human ear can typically hear.
SOUND PRESSURE LEVEL, C-WEIGHTED dB(C)
The "weighted" scale that is utilized especially for measurement of low frequency sound which included but is not limited to bass tones or infrasound and may or may not be audible to the human ear.
STRUCTURAL WEIGHT, WES
The combined weight of the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation.
SUN GLINT
The reflection of sunlight off a surface of the blades, tower, or other component of the wind energy system.
TOWER MOUNTED WIND ENERGY SYSTEM (TWES)
A freestanding Wind Energy System that is mounted to the ground and structurally attached to a tower. A TWES system is typically less than 175 feet in height and may have a Horizontal Axis or Vertical Axis Wind Turbine system attached to it that generates the power.
TOWER, MONOPOLE
A single pole structure that supports a wind turbine without the use of guy wires or similar support systems.
TURBINE
The parts of a WES including the blades, nacelle and tail.
USE, RESIDENTIAL
A use under any of the following major category groupings of the zoning ordinance; "agricultural uses" or "residential uses" or "business uses" or "industrial uses."
VERTICAL AXIS WIND TURBINE (VAWT)
A turbine in which the main rotor shaft is arranged vertically creating an "eggbeater" appearance. The generator and gearbox are located near the ground, so the tower does not have to support it and it is more accessible for maintenance. This definition includes reference to an illustration of a VAWT for explanatory but not limiting purposes.
WATT
(Symbol: W) A derived unit of power in the International System of Units (SI). It measures rate of energy conversion. One watt is equivalent to 1 joule (J) of energy per second. The kilowatt (symbol: kW) is equal to 1,000 watts. The megawatt (symbol: MW) is equal to one million watts.
WIND ENERGY SYSTEM (WES)
A wind energy production, conversion and distribution system generally consisting of a wind turbine tower and associated electronic equipment.
WIND FARM
More than one Large Wind Energy Systems (LWES) on a given site, constructed for the commercial generation (or sale) of electrical power. For the purposes of this chapter, more than one Small Wind Energy System (SWES) which is constructed for commercial generation (or sale) of electrical power shall be considered a wind farm.
B. 
Wind energy system general regulations. Building Mounted Wind Energy Systems (BWES) and Tower Mounted Wind Energy Systems (TWES) may be erected or installed only in accordance with this article of the Village Zoning Ordinance and conform to all State and Federal laws and regulations, as amended from time to time, concerning its use and operation, and shall be further subject to the following standards;
(1) 
Shall only be permitted as an accessory use to a principal structure and installed primarily for the production and consumption of energy on the parcel upon which it is installed; energy produced in excess of consumption may be sold back to the electric utility service provider that serves the proposed site for use with the existing energy grid.
(2) 
Shall be installed according to manufacturer specifications and in accordance with all applicable Village of Dwight codes and Ordinances.
(3) 
Shall be finished in a neutral color and shall be flat or matte, to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system and approved by the Village of Dwight Zoning Administrator.
(4) 
No WES shall have any advertising material, writing, picture, or signage other than warning(s), turbine tower identification, or manufacturer or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners, or waving, fluttering or revolving devices, but not including meteorological/weather devices or warning signs.
(5) 
All wiring between a WES and the principal and/or accessory structure shall be underground; however, if the wiring cannot be placed underground it shall be contained within conduit which matches the principal building and shall conform to all Village Codes.
(6) 
WES shall not be artificially lighted unless required by the Federal Aviation Administration (FFA) or as necessary for the safety of personnel performing maintenance of, or repairs to the facilities. Any such artificial lighting shall be shielded so that no glare extends substantially beyond the property lines of the property on which the facility is located.
(7) 
Shall be maintained in Operational Condition at all times, except for reasonable maintenance and repair outages.
(8) 
Should a WES become inoperable, or should any part of the SWES become damaged, or should a WES violate the ordinance, the Owner shall cease operations immediately and remedy the condition promptly.
(9) 
The WES facility shall be equipped with a braking system (i.e., automatic and/or manual braking system).
(10) 
Maximum Sound Levels for a WES are as follows:
(a) 
For adjacent non-participating properties used or zoned for single-family residential, two-family residential or multifamily residential purposes, the average sound level from a WES shall not exceed 55 dB(A) during daytime hours and 45 dB(A) during nighttime hours at any point as measured at the property line, except as otherwise referenced in Subsection B(10)(c) below.
(b) 
For adjacent non-participating properties used or zoned for nonresidential purposes the average sound level from a WES shall not exceed 65 dB(A) at any time of the day as measured at the property line, except as otherwise referenced in Subsection B(10)(c) below.
(c) 
If the non-operational ambient sound level is greater than the maximum sound levels defined above in Subsection B(10)(a) and (b), this non-operational ambient sound level [dB(A)] shall be the maximum sound level permitted.
(d) 
No WES shall operate with an average sound level more than 5 dB(A) above the non-operational ambient level, as measured at the property line of any neighboring residentially zoned or used property. Additionally, to limit the level of low-frequency sound, the average C-weighted sound level during WES operation shall not exceed the A-weighted ambient sound level by more than 20 db.
(e) 
The Village of Dwight may require at the Owner's expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist as may be necessary to determine whether a violation of said sound regulations is occurring or has occurred. The Owner shall promptly remedy any such violations or discontinue operation.
(11) 
Any additional information and data reasonably necessary to evaluate the conformity of the WES with the Ordinance pursuant to the request of the Zoning Administrator.
C. 
Building mounted wind energy system requirements. Building Mounted Wind Energy Systems (BWES) may be allowed on property that meets all requirements as defined in the section below and elsewhere in this chapter.
(1) 
Number of BWES permitted.
(a) 
On properties used or zoned for single-family residential or two-family residential purposes:
[1] 
A maximum of one BWES per dwelling unit shall be permitted to be attached to a principal building.
[2] 
A BWES shall not be permitted to be installed on an accessory structure.
[3] 
Requests for more than one BWES per unit may be allowed following the applicant securing a special use permit per § 310-15.11 which shall include the submittal of materials required by Subsection E below as part of said special use permit application.
(b) 
On properties used or zoned for multifamily residential purposes:
[1] 
A BWES shall not be permitted to be installed on an accessory structure.
[2] 
Requests for one or more BWES may be allowed following the applicant securing a special use permit per § 310-15.11 which shall include the submittal of materials required by Subsection E below as part of said special use permit application.
(c) 
On properties used or zoned for nonresidential purposes:
[1] 
On buildings with less than 15,000 square feet of total floor area (gross), a maximum of one BWES shall be permitted by right.
[2] 
For all other buildings, the total number of BWES permitted by right shall be no greater than one BWES per 10,000 square feet of total floor area (gross) or five total BWES, whichever is less.
[3] 
When calculating the maximum number of BWES on a building that is greater than or equal to 15,000 square feet, and results in a fraction of a number that is less than 0.5, the maximum number of BWES shall be rounded down to the next whole number. If the same calculation results in a fraction of a number that is greater than or equal to 0.5, then the number of allowable BWES shall be rounded up to the next whole number. (For example: purposes, a 24,000 square foot building would calculate to 2.4, which would be rounded down for a total of two BWES on said building.)
[4] 
If a multi-tenant building is under separate ownership, only those portions of the building square footage under said ownership may be used for calculating the number of BWES permitted, as long as the total number of turbines does not exceed the maximum amount allowed under Subsection C(1)(c)[2] in this section for the total.
[5] 
Requests for a greater number of BWES than is permitted may be allowed following the applicant securing a special use permit per § 310-15.11 which shall include the submittal of materials required by Subsection E below as part of said special use permit application.
(2) 
Setbacks/location.
(a) 
On properties used or zoned for single-family residential, two-family residential or multifamily residential purposes:
[1] 
No portion of a BWES shall be located closer to the property line than the principal building setback as required by the zoning district and shall not project beyond any portion of the front area or corner side area of the principal structure.
(b) 
On properties used or zoned for nonresidential purposes:
[1] 
If attached to a principal building, no portion of a BWES shall be located closer to the property line than the principal building setback and if attached to an accessory building or structure, no portion of a BWES shall be located closer to the property line than the accessory structure setback.
(3) 
Maximum height.
(a) 
On properties used or zoned for single-family residential, two-family residential or multifamily residential purposes:
[1] 
A BWES shall be permitted at a maximum height of 15 feet above the building height, with the exception that maximum height on a pitched roof shall be measured from the highest gable or slope of a gable, hip or gambrel roof of a building structure.
(b) 
On properties used or zoned for nonresidential purposes:
[1] 
A BWES shall be permitted at a maximum height of 25 feet above the building height, with the exception that maximum height on a pitched roof shall be measured from the highest gable or slope of a gable, hip or gambrel roof of the building structure.
(c) 
Any BWES proposed to be mounted at a height greater than is permitted by this Subsection C(3) may be allowed following the applicant securing a special use permit per § 310-15.11 which shall include the submittal of materials required by Subsection E below as part of said special use permit application.
D. 
Tower mounted wind energy system requirements. Tower Mounted Wind Energy Systems (TWES) may be allowed on property that meets all requirements as defined in the section below and elsewhere in this chapter.
(1) 
Number of TWES permitted.
(a) 
On properties used or zoned for single-family residential, two-family residential purposes:
[1] 
One TWES shall be allowed as a permitted use on a zoning lot, provided that all other ordinance regulations are met.
[2] 
More than one TWES may be allowed on the same zoning lot following the applicant securing a special use permit per § 310-15.11 which shall include the submittal of materials required by Subsection E below as part of said special use permit application.
(b) 
On properties used or zoned for nonresidential purposes:
[1] 
If the lot is less than five acres in size, one TWES shall be allowed as a permitted use.
[2] 
If the lot is greater than or equal to five acres in size, two TWES shall be allowed as a permitted use.
[3] 
Additional TWES proposed on the same lot greater than the permitted number are not allowed.
(c) 
A TWES shall not be permitted on a vacant lot.
(2) 
Maximum height of TWES.
(a) 
On properties used or zoned for single-family residential, two-family residential or multifamily residential purposes TWES are allowed on lots at the height as defined in Table 4.20.D.1.
(b) 
On properties used or zoned for nonresidential purposes TWES are allowed on lots at the height as defined in Table 4.20.D.2.
Table 4.20.D.1
TWES height maximums (in feet) on properties used or zoned for single-family, two-family, or multifamily residential purposes
Lot Size
TWES as a Permitted Use
TWES as a Special Use
< 2 acres
0 through 45 feet
46 through 100 feet
> 2 and <5 acre
0 through 75 feet
76 through 100 feet
> 5 acres
0 through 100 feet
101 through 175 feet
Table 4.20.D.2
TWES height maximums (in feet) on properties used or zoned for nonresidential purposes
Lot Size
TWES as a Permitted Use
TWES as a Special Use
< 2 acres
0 through 75 feet
76 through 125 feet
> 2 and < 10 acre
0 through 100 feet
101 through 150 feet
> 10 acres
0 through 150 feet
151 through 250 feet
(c) 
A TWES proposed to be constructed at a height that is defined in the "TWES as a Special use" column of Table 4.20.D.1 or Table 4.20.D.2, shall only be allowed following the applicant securing a special use permit per § 310-15.11 which shall include the submittal of materials required by Subsection E below as part of said special use permit application.
(3) 
Setbacks/location.
(a) 
A TWES shall be setback a distance equal to 110%, or 1.1 times the wind energy system height as measured from the exterior base of the tower to the property line.
(b) 
No portion of a TWES is permitted within the required principal building setbacks as defined for the lot.
(c) 
On properties used or zoned for single-family residential, two-family residential or multifamily residential purposes, a TWES shall not project into any portion of the front area or corner side area of the lot.
(d) 
TWES facilities may not be constructed within or over (including the blades) any utility, water, sewer, or other type of recorded easement, unless written permission is granted by holders of the easement.
(e) 
All TWES shall be mounted on a monopole tower.
(f) 
A TWES may not be attached to any signage as defined by zoning ordinance.
(g) 
The blade tip, at its lowest point, shall have ground clearance of not less than 15 feet.
(h) 
A TWES shall not be climbable for a vertical distance of 15 feet from the base of tower.
(i) 
All TWESs shall comply with applicable FAA regulations, including necessary approvals for installation.
(j) 
Ice throw and ice shedding from the proposed TWES shall not cross the property lines of the site.
E. 
WES special use permit requirements. A WES which exceeds the permitted use standards as defined in § 310-4.20 shall be subject to the standards for a Special Use as defined in § 310-15.11 of this chapter as well as the required additional documentation as defined below for a WES.
(1) 
Any application for a Special Use shall provide the applicable information identified below as part of the material provided with said Special Use application.
(a) 
Certificate of height necessity. (Only required with a Special use application when an applicant is requesting a WES with height greater than is permitted by § 310-4.20.) The applicant shall provide a statement from a licensed engineer that the additional height requested is the minimum necessary to accomplish the Applicant's purpose and that unless relief is granted, the wind to be received by this system will be substantially impaired or obstructed within the selected installation area. This documentation will also need to include the location and height of the obstructing structures or vegetation which are obstructing the laminar flow of the wind.
(b) 
Shadow flicker study. Documentation that illustrates that a SWES facility is sited such that shadow flicker will not fall on any existing residential nonparticipating property line within 500 feet of the WES for more than 50 hours a year.
(c) 
Compliance with FFA. Documentation that states that the proposed WES complies with FFA regulations. If the WES is not regulated by the FAA, documentation shall be provided stating the FAA has no regulations.
F. 
Abandonment/Decommissioning.
(1) 
When a WES has become inoperable, damaged, or otherwise violates the operating requirements defined of WES for a continuous period of 12 months or more, such SWES shall be deemed to be abandoned by the Village. The owner of such WES shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail return receipt requested, by the Village to such owner at the last known address of such owner.
(2) 
If such abandoned facility is not completely removed within the time frame required, the Village of Dwight may remove all the structures at the owner's expense. In the case of such removal the Village of Dwight has the right to file a lien for reimbursement, for any and all expenses incurred by the Village of Dwight without limitation, including attorney fees and accrued interest. Upon removal, the site shall be restored to its original pre-construction condition for a WES as referenced with photos presented with Project Proposal. A WES shall be repaired where any damage has occurred from the point(s) of attachment.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Adult entertainment establishments:
A. 
Definitions. For the purposes of this section, the following terms, phrases, and words shall have the meanings given herein.
ADULT BOOTH
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
ADULT CABARET
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
ADULT ENTERTAINMENT ESTABLISHMENT
An Adult Cabaret, Adult Store, or Adult Theater, as defined in the Subsection.
ADULT MATERIAL
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
ADULT STORE
Any Commercial Establishment:
(1) 
That contains one of more Adult Booths;
(2) 
That as a substantial or significant portion of its business offers for sale, rental, or viewing any Adult Materials; or
(3) 
That has a segment or section devoted to the sale or display of Adult Materials.
ADULT THEATER
Any Commercial Establishment that as a substantial or significant portion, of its business features or provides films, motion pictures, video or representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities.
COMMERCIAL ESTABLISHMENT
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
NUDE or STATE OF NUDITY
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
PROTECTED USES
(1) 
A church, synagogue, mosque, or other place of worship;
(2) 
A public or private nursery school or any other public or private school serving any one or more of grades K through 12;
(3) 
A childcare facility, licensed by the Illinois Department of Children and Family Services;
(4) 
A public park, playground, playing field, or forest preserve;
(5) 
A public or private cemetery;
(6) 
A public housing facility.
RESIDENTIAL PROPERTY
Any lot or other tract of land zoned in any of the following districts or zones under this Code: R-1, R-2 and R-3, including any additional Residential Zoning District designations hereinafter created.
SEMI-NUDE
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
SPECIFIED ANATOMICAL AREAS
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
SPECIFIED SEXUAL ACTIVITIES
Shall have the same definition as provided in § 90-1 of Chapter 90, Adult Uses, of the Village Code.
B. 
Adult entertainment establishment location standards:
(1) 
Requirements. Except for existing legal nonconforming uses governed pursuant to Subsection B(8) of this section, Adults Entertainment Establishments located, established, maintained, or operated on any lot in the Village shall also comply, in addition to complying with all other applicable regulations set forth in this Code, with the regulations set forth in Subsection B(2) through (7) of this Subsection. In the event of a conflict between the provisions of any other such regulations and the regulations set forth in Subsection B(2) through (7) of this Subsection, the regulations set forth in Subsection B(2) through (7) of this Subsection shall control to the extent of any conflict.
(2) 
Permitted districts. Adult Entertainment Establishments shall only be permitted in a I-1 Industrial Zoning District.
(3) 
Minimum distance from other adult entertainment establishments. No Adult Entertainment Establishment shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other Adult Entertainment Establishment is located, established, maintained, or operated.
(4) 
Minimum distance from protected uses. No Adult Entertainment Establishment shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a Protected use is located, established, maintained, or operated.
(5) 
Minimum distance from residential zoning district property. No Adult Entertainment Establishment shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any Residential Zoning District Property.
(6) 
Measurement. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the Adult Entertainment Establishment is located to the nearest point on a property line of:
(a) 
Any Residential Property, or
(b) 
Any lot on which a Protected use or other Adult Entertainment Establishment, as the case may be, is located, established, maintained, or operated.
(7) 
Limited exception for subsequent protected uses, alcoholic business, and residential property. An Adult Entertainment Establishment lawfully operating under this Code and under the Village's Adult Use Licensing Ordinance shall not be deemed to be in violation of the location restrictions set forth herein solely because i) a Protected use subsequently locates within the minimum required distance of the Adult Entertainment Establishment, ii) a business that sells or dispenses alcoholic beverages subsequently locates within the same building as the Adult Entertainment Establishment, or iii) property within the minimum required distance of an Adult Entertainment Establishment subsequently becomes Residential Property. This Subsection B(7) shall not apply to an Adult Entertainment Establishment at a time when an application for an Adult Entertainment License under the Village's Adult Use Licensing Ordinance for that Establishment is submitted after the License has previously expired, has been revoked, or is at that time under suspension.
(8) 
Existing adult entertainment establishments. Any Adult Entertainment Establishment that is deemed under the provisions of this chapter to be an existing legal nonconforming use shall comply with the provisions of this chapter applicable to legal nonconforming uses.
[Added 9-23-2025 by Ord. No. 1554]
For the purpose of protecting the public health, safety and welfare of the citizens of the Village of Dwight, the NFPA Publication 855 "Standard for the Installation of Stationary Energy Storage Systems", 2023 Edition, as published by the National Fire Protection Association, is hereby adopted in its entirety as part of the building code of the Village of Dwight, Livingston and Grundy County, Illinois, as is hereby incorporated in the Dwight Municipal and Zoning Code as though fully set forth herein.
[Added 2-24-2026 by Ord. No. 1566]
A. 
Purpose and applicability. This section establishes regulations for ground-mounted solar energy systems within the Village of Dwight. Ground-mounted solar energy systems shall be prohibited in residential zoning districts and may be permitted only by special use within commercial and industrial zoning districts, subject to the requirements set forth herein.
B. 
Definitions. Ground-Mounted Solar Energy System means a solar photovoltaic system mounted on the ground and not attached to a principal or accessory structure.
C. 
Permitted use by special use. Ground-mounted solar energy systems may be permitted by special use approval within commercial and industrial zoning districts and shall not be considered a principal use of the property.
D. 
Placement standards.
(1) 
No portion of the solar installation shall be located within a required front yard.
(2) 
Installations shall be located within the side or rear yard of the principal structure.
(3) 
Solar arrays shall be positioned to minimize visibility from public rights-of-way and adjacent residential properties.
E. 
Surface and ground treatment.
(1) 
Ground-mounted solar energy systems shall not be installed on grass or landscaped lawn areas.
(2) 
The area beneath and surrounding the solar array shall be surfaced with crushed stone, gravel, or another approved non-vegetative surface.
(3) 
Turf grass and landscaped plantings shall not be permitted beneath the solar array.
F. 
Fencing and screening.
(1) 
All ground-mounted solar energy systems shall be fully enclosed by commercial-grade architectural fencing.
(2) 
Fencing shall be a minimum of six feet in height and constructed of decorative metal or equivalent material.
(3) 
Chain-link fencing is prohibited.
(4) 
The base of the fenced enclosure shall consist of rock or gravel surface.
(5) 
Additional screening may be required adjacent to residential zoning districts.
G. 
Lot coverage. Ground-mounted solar energy systems shall be considered an accessory structure and shall be included in all applicable lot coverage calculations.
H. 
Lighting, safety, and code compliance. Lighting shall be limited to safety or code compliance. All systems shall comply with applicable building, fire, and electrical codes.
I. 
Maintenance and removal. Ground-mounted solar energy systems shall be maintained in good working condition. Any system inactive or abandoned for more than 12 months shall be removed.
J. 
Severability. If any section of this section is declared invalid, such invalidity shall not affect the remaining provisions.