10-5-7: OUTDOOR DINING AND USES WITHIN VILLAGE RIGHTS OF WAY:

   A.   Outdoor dining and drinking accessory to a use that has as a principal or accessory on-site use that is an eating and drinking establishment, including cafe/coffee shop/soda fountain, restaurant, specialty food shop, carry-out, brew-pub and microbrewery shall be permitted within village right of way along with the following uses:

      1.   Outdoor art instruction and preparation of artwork.

      2.   Outdoor floral displays and planters.

      3.   Any other uses found to be similar in nature and clearly compatible as determined by the community development director.

   B.   Permitted Locations: Permitted uses shall be conducted strictly within the right of way directly adjacent to the principal use, for example, from the side lot lines extended toward the street centerline, or side and rear lot lines extended in the case of corner lots.

   C.   Permit Required: Prior to commencing a permitted outdoor use, the applicant is required to obtain a revocable permit from the community development department. The permit process is outlined in the operational guidelines for outdoor uses within the public right of way. The permit process will verify that the use will be conducted in accordance with the design guidelines, and will also require the applicant to indemnify and hold the village harmless from any damage or claim resulting from the outdoor use, as well as to provide liability insurance listing the village as an additional insured with minimum coverage limits determined by the village. This permit is a privilege and not a right and may be revoked by the village at the discretion of the village administrator or designee, which decision to revoke the permit may be appealed to the village president and board of trustees, for such causes as failure to conduct the outdoor use in compliance with the requirements of this section. (Ord. 19-12-43, 1-13-2020)

10-5-8: HOME OCCUPATIONS:

Generally, a home occupation is defined as an incidental and accessory use to the primary residential use. The following standards are to ensure that the home occupancy is compatible with the neighborhood and has no negative externalities on adjacent properties.

   A.   Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted. The building in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located.

   B.   Operation:

      1.   Only residents who occupy the residence shall be permitted to operate a home occupancy.

      2.   All activities related to the operation of a home occupancy shall be restricted to take place within the residence. Outside activity or the use of an accessory structure other than storage shall be prohibited.

      3.   Outside storage, outdoor display, or outdoor use of land is prohibited.

      4.   The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference, or garbage beyond which normally occurs in the zoning district or planned development in which it is located.

   C.   Extent And Effect:

      1.   A home occupation shall be limited in extent and shall be incidental and secondary to the use of the property and shall not occupy more than twenty five percent (25%) of the gross floor area of the dwelling unit in which the home occupation is located. An accessory structure may be used for storage related to the home occupancy.

      2.   The activities caused by or associated with the home occupation shall not alter the residential character of the property or change the residential character of surrounding residential uses. There shall be neither exterior nor interior alteration or modification that changes the residential character of the dwelling unit.

   D.   Traffic, Deliveries, And Parking:

      1.   The home occupation shall not generate traffic beyond what is normally expected in the zoning district or planned development in which it is located. In no case shall traffic volume created by the home occupation exceed twelve (12) trips per day, including deliveries.

      2.   Deliveries to home occupations shall not exceed five (5) per day.

      3.   Off-street parking for the home occupation shall be limited to the public street parking in front of the home occupancy.

   E.   Prohibited Home Occupations: The following activities are expressly prohibited as home occupations:

      1.   Airbnb's;

      2.   Animal hospitals (animal grooming service is permitted);

      3.   Kennels;

      4.   Medical offices or clinics;

      5.   Eating and drinking establishments;

      6.   Jobbing, wholesale or retail business, unless it is conducted entirely by internet, telephone or mail. No direct retail shall be permitted in any dwelling unit;

      7.   Undertaking establishments and funeral parlors; and

      8.   Repair or maintenance of motor vehicles, to include cars, trucks, boats, recreational vehicles, snowmobiles, and motorcycles.

   F.   Permitted Home Occupations: The zoning ordinance does not attempt to define or list all permitted home occupations. However, the following activities and uses are expressly permitted, provided that the other provisions of this section are met:

      1.   Barber/beauty shop;

      2.   Animal grooming services;

      3.   Babysitting services and day care activities that do not meet state law thresholds for licensing and regulation;

      4.   Licensed day care homes;

      5.   Instruction in music, dance, home crafts and arts, provided that the total class size does not exceed four (4) students at any time;

      6.   Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, urban planners, landscape architects, accountants and secretarial services;

      7.   Offices of ministers, priests and rabbis or other religious leaders;

      8.   Offices of sales representatives or manufacturer's representatives;

      9.   Studios of artists, authors, composers and photographers;

      10.   Workrooms of dressmakers, seamstresses and tailors; and

      11.   Workrooms for home crafts, such as model making, rug weaving, or cabinet making. (Ord. 19-12-43, 1-13-2020)

10-5-9: BED AND BREAKFASTS:

   A.   Based on the natural resources of the village and historic character of downtown Antioch, bed and breakfast establishments can operate as a special use in single-family detached dwelling units in any R district, providing the provisions of this section are met.

   B.   Criteria:

      1.   Any bed and breakfast shall be the principal residence of the operator of the bed and breakfast.

      2.   The operator/owner shall live on the premises when the bed and breakfast operation is active. No additional dwelling units above and beyond the principal dwelling unit may be occupied on the site.

      3.   Bed and breakfasts shall only be permitted in single-family dwellings.

      4.   The bed and breakfast establishment shall provide at least two (2) exits to the outdoors, and every guest room shall have at least one (1) unobstructed means of egress that leads to a public street or alley, either directly or through a court or yard. Passage to exits shall not lead through any other bedroom or guest room or through a space that can be locked by anyone who is not a member of the family.

      5.   Each room used for guests and sleeping shall have a smoke detector with a battery back-up.

      6.   Lavatories and bathing facilities shall be available to all persons using the bed and breakfast. Access to a bathroom shall not require passage through another bedroom.

      7.   All bed and breakfast's shall be allowed one (1) monument sign which shall comply with the ground sign requirements as outlined in the Downtown Sign District.

      8.   Two (2) parking spaces plus one (1) additional parking space per guest room shall be provided. All parking spaces shall be paved and shall be located between the principal structure and the rear lot line. Guest parking areas in excess of four (4) spaces shall be screened from adjacent residences with landscaping or fencing. (Ord. 19-12-43, 1-13-2020)

10-5-10: GROUP HOMES:

The special needs pursuant to federal and state law are an important population of the village and requirements of group homes shall be accommodated and permitted in all R districts, while the following provisions should be followed by group homes:

   A.   The scale and character of the building shall be compatible with the surrounding residential properties; and

   B.   The facility shall be certified and licensed by all required federal, state, and local authorities. (Ord. 19-12-43, 1-13-2020)

10-5-11: ADULT USES:

While the village recognizes the constitutional protection of adult uses and the inherent first amendment rights of the adult use industry, the village has also determined that adult use establishments, and particularly concentrations of adult uses, have an adverse impact on property values, crime, and neighborhood quality. In a desire to minimize these secondary effects and protect neighborhood quality, the village finds it necessary to regulate such uses while maintaining reasonably available alternatives for their location within the village. Therefore, the location and operation of adult uses shall be limited as follows:

   A.   Location Restrictions: Adult uses listed shall be permitted within the M-2 General Industrial District, provided that the establishment is not located within one thousand feet (1,000') of an existing:

      1.   Boundary of any residential district as defined by this title; and

      2.   Place of public gathering or public offices; or

      3.   Public or private educational facility; or

      4.   Park or recreation facility; or

      5.   Religious use or religious institution; or

      6.   Licensed day care facility; or

      7.   Adult use; or

      8.   Cemetery.

   B.   Method Of Measurement: Measurement of the one thousand feet (1,000') limitation shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line of the lot where the adult use is to be located, to the nearest lot line of the other specified use.

   C.   Exterior Display: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to special sexual activities or specified anatomical areas from any public or from any other property. This provision shall apply to any display, sign, window or other opening. All entries, windows or other openings for adult uses shall be covered or screened in a manner that prevents a view into the interior from any public way. (Ord. 19-12-43, 1-13-2020)

10-5-12: MODEL HOMES:

Model homes are permitted in the village for the sale of new single-family, townhomes, duplexes, condos and multi-family units. The following provisions shall govern their operation:

   A.   Sales offices, rental offices and construction offices may be in a model home, provided that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned development.

   B.   A temporary off-street parking lot is permitted.

   C.   Model home may be illuminated, provided that the illumination does not adversely affect traffic and surrounding residents.

   D.   All model homes shall have operational bathrooms for the employees and general public prior to any certificate of occupancy being issued. (Ord. 19-12-43, 1-13-2020)

10-5-13: PERMITTED OBSTRUCTIONS:

   A.   The following obstructions yards are permitted as outlined in the table below.

   B.   Projections of sills, belt courses, cornices, bay windows, buttresses, chimney, ornamental features and eaves may extend three feet (3') into required yards.

PERMITTED OBSTRUCTIONS IN YARDS
Projection, Obstruction, Or Accessory Use With Limitations	Yard
	Front	Rear	Side	Corner Side
Air conditioning units, window, provided they do not extend more than two feet from window	N	P	P	N
Air conditioning units and equipment, other than window, provided they are at least four feet from all property lines	N	P	P	P
Arbors and trellises	P	P	P	P
Awnings and canopies, providing they project less than six feet from facade and at least seven feet, six inches above grade	P	P	P	P
Balconies, open; providing they project less than six feet from facade and at least seven feet, six inches above grade	P	P	P	P
Basketball goal on non-recreation land use, limited to one pole- or garage-mounted goal and shall be at least five feet from all property lines	P	P	P	P
Garages, detached	N	Y	Y	N
Decks and terraces in a residential district, if they are at least fifteen feet from all property lines	N	P	P	P
Patios with patio covers in a residential district, if they are at least four feet from all side yard and rear property lines and at least fifteen feet from front property line and not less than fifteen feet from the rear property line	N	P	P	P
Patios without patio covers in a residential district, if they are at least four feet from all side yard property lines and at least fifteen feet from the front property line	N	P	P	N
Dish antennas
Greater than 30" diameter	N	P	N	N
Less than 30" diameter	N	P	P	N
Dog runs, enclosed, provided that the minimum distance to any and all property lines is at least ten feet.	N	P	N	N

 

(Ord. 19-12-43, 1-13-2020)