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(A) Agriculture: The provisions of this title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes may be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then, and only then, shall the provisions of this title apply. (Ord. 16-22, 12-7-2016)
(B) Public Utility: The following uses are permitted in any district:
Any other similar distributing equipment of a public utility.
1. No tent shall be erected, used or maintained for living quarters.
2. The requirements for tents used for purposes other than residential shall be as specified in subsection 1-6-9(D)6 of this code. (Ord. 93-10, 9-27-1993)
(D) Home Occupation: The intent of this subsection is to provide peace, quiet and domestic tranquility within all residential neighborhoods within the village and in order to guarantee to all residents freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible effects of business or commercial uses being conducted in residential districts. It is further the intent of this subsection to regulate the operation of a home occupation so that the general public will be unaware of its existence. A home occupation shall be conducted in a manner which does not give an outward appearance nor manifest characteristics of a business which would infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent or character of the residential district.
1. Authorization: Subject to the limitations of this subsection, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any residential zoning district.
2. Definition: A "home occupation" is any lawful business, profession, occupation or trade conducted from a principal building or an accessory building in a residential district that:
a. Is conducted for gain or support by a full time occupant of a dwelling unit; and
b. Is incidental and secondary to the principal use of such dwelling unit for residential occupancy purposes; and
c. Does not change the essential residential character of such dwelling unit or the surrounding neighborhood.
3. Use Limitations:
a. Employee Limitations:
(1) The owner of every home occupation shall be a person that is a full time occupant of the dwelling unit where such occupation is conducted.
(2) No more than two (2) employees or subcontractors, other than the full time occupants of a dwelling unit shall be engaged or employed in connection with, or otherwise participate in the operation of, a home occupation at any one time. This limitation on the number of employees or subcontractors shall not apply to employees or subcontractors who are not present and do not work at the dwelling unit devoted to such home occupation.
b. Structural Limitations:
(1) No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.
(2) No separate entrance from the outside of the building where the home occupation is located shall be added to such building for the sole use of the home occupation.
c. Operational Limitations:
(1) Every home occupation shall be conducted wholly within either: a) a principal building or b) an accessory building, but not both.
(2) The floor area ratio (FAR) of the area of the building used for any such home occupation shall not exceed 0.01 (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation).
(3) There shall be no direct retail sales of merchandise, other than by personal invitation or appointment, nor any permanent display shelves or racks for the display of merchandise to be sold in connection with the home occupation, with the exception of any barn, stable, or arena.
(4) No routine attendance of patients, clients, customers, subcontractors, or employees (except employees and subcontractors as provided in subsection (D)3a(2) of this section) associated with any home occupation shall be permitted at the premises of the home occupation, provided, however, that the attendance of up to four (4) persons at any one time may be allowed for the purpose of receiving private instruction in any subject of skill. "Routine attendance" means that the conduct of the home occupation requires persons, other than the owner or permitted employees and subcontractors, to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency, or duration of such visits.
(5) No vehicle or mechanical, electrical, or other equipment, that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the principal building or accessory building containing the home occupation that is greater or more frequent than that typical of vehicles or equipment used in connection with residential occupancy shall be used in connection with any home occupation.
(6) All storage of goods, materials, products or merchandise used or sold in conjunction with a home occupation shall be wholly within the principal building or accessory building containing the home occupation.
(7) No refuse in excess of the amount permitted under section 5-3-9 of this chapter shall be generated by any home occupation.
d. Signage And Visibility:
(1) No exterior business signs on a principal building, accessory building or vehicle used in connection with the home occupation, shall be permitted in connection with any home occupation unless otherwise permitted under section 5-5-11 of this title.
(2) There shall be no exterior indications of the home occupation or exterior variations from the residential character of the principal building or accessory building containing the home occupation.
e. Traffic Limitations: No home occupation shall generate significantly greater vehicular or pedestrian traffic than is typical of residences in the surrounding neighborhood of the home occupation.
f. Nuisance Causing Activities: In addition to the foregoing specific limitations, no home occupation shall cause or create any act, which endangers public health or results in annoyance or discomfort to the public, said act being defined as a nuisance under title 7, chapter 1 of this code.
g. Boarding And Training Of Horses: Notwithstanding anything to the contrary contained in this subsection (D), the boarding of horses in a stable and the training of horses and their riders shall be a permitted home occupation; provided, that no persons engaged to facilitate such boarding, other than the immediate family residing on the premises, shall be permitted to carry out their functions except between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. or sunset, whichever is later, and further provided that no vehicles or machinery, other than that belonging to the immediate family residing on the premises shall be permitted to be operated on the premises except during the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. or sunset, whichever is later. (Ord. 16-22, 12-7-2016)
(E) Animal Rescue Shelters: The intent of this subsection is to protect the public health and safety of citizens of the village and to promote the general welfare of the citizens and animals residing in the village by encouraging the compassionate housing and care of domestic animals, including, but not limited to, such domestic animals as dogs, cats and horses, that otherwise would not have adequate shelter, provided that such housing and care does not violate the peace, quiet and domestic tranquility within all residential neighborhoods within the village including, but not limited to, guaranteeing to all citizens residing in the village freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible effects of operating an animal rescue shelter in residential districts.
1. Authorization: Subject to the limitations of this subsection, any animal rescue shelter shall be permitted as a special use in the R1 zoning district under subsection 5-5-3(A) of this title.
2. Definition: An "animal rescue shelter" is a facility operated and maintained from a principal building or accessory building that is incidental and secondary to the principal use of a dwelling unit used for residential occupancy purposes and that does not change the essential residential character of such dwelling unit or the surrounding neighborhood, for the purpose of providing for and promoting the welfare, protection and humane treatment of domestic animals, including, but not limited to, dogs, cats and horses, that otherwise would not have adequate shelter.
3. Standards: Any animal rescue shelter shall adhere to the following standards and shall comply with all applicable federal, state, county and municipal laws, ordinances, rules and regulations:
a. Construction And Maintenance: All facilities shall be constructed and maintained so as to provide comfort and safety for animals and all areas of the property shall be maintained in a clean and orderly condition, free of objectionable odors.
b. Ventilation: Adequate heating and cooling shall be provided for the comfort of the animals and the facility shall have sufficient ventilation in all areas such that the air is completely circulated at least three (3) times per hour.
c. Lighting: Proper lighting shall be provided in all rooms utilized for the care and confinement of animals. Outside lighting shall be adequate to assist animal caregivers and clients but shall not be obtrusive to neighboring properties.
d. Water: Potable water shall be available within the facility and each animal shall at all times have reasonable access to an adequate supply of clean, fresh, potable water.
e. Basic Sanitation: Any equipment, instruments or facilities used in the confinement and treatment of animals shall be clean and sanitary at all times to protect against the spread of diseases, parasites and infection.
f. Waste Disposal: Covered waste containers, impermeable by water, shall be used for the removal and disposal of animal and food wastes, bedding, animal tissues, debris and other waste. Disposal facilities shall be operated so as to minimize insect or other vermin infestation and to prevent odor and disease hazards or other nuisance conditions.
g. Animal Housing Areas: Any facility confining animals shall have individual cages, pens, exercise areas or stalls to confine said animals in a comfortable, sanitary and safe manner.
h. Medical Care: All animals housed within an animal rescue shelter shall receive adequate veterinary care by a veterinarian licensed under the veterinary medicine and surgery practice act of 2004, as amended, in order to promote the health and welfare of such animal.
i. Runs And Exercise Areas: Other than transport to and from the animal rescue shelter, at all times that animals are not confined within the sheltered portion of the facility, such animals shall be confined to runs and exercise areas. All runs and exercise areas shall be set back not less than one hundred feet (100') from all front, side and rear lot lines and shall be of adequate size to allow comfort and exercise. Runs and exercise areas shall provide and allow for effective separation in such a manner as to protect against escape or injury. Each animal shall at suitable intervals, but not less frequently than once every twenty four (24) hours, receive adequate exercise suitable for the species' physical condition and age, sufficient to maintain an adequate level of physical conditioning for the animal.
j. Disposal Of Deceased Animals: The facility shall use refrigeration and employ a procedure for the prompt, sanitary and safe disposal of deceased animals that complies with all applicable state and municipal laws, ordinances and regulations.
k. Vehicles And Equipment: No vehicle or mechanical, electrical, or other equipment, that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the principal building or accessory building containing the animal rescue shelter that is greater or more frequent than that typical of vehicles or equipment used in connection with residential occupancy shall be used in connection with any animal rescue shelter.
l. Storage: All storage of goods, materials, products or merchandise incidental to the care and adoption of animals that is used or sold in conjunction with an animal rescue shelter shall be wholly within the principal building or accessory building containing the animal rescue shelter.
m. Nutrition: Each animal shall at suitable intervals, but not less frequently than once every twenty four (24) hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal.
n. Number Of Animals: There shall be no more animals housed within an animal rescue shelter at any one time than is reasonable for the adequate and proper care of all animals within said shelter.
4. Employee Limitations: The owner of an animal rescue facility shall be a person or an entity controlled by a person that is a full time occupant of the dwelling unit where such facility is operated. No more than four (4) employees or volunteers, other than the full time occupants of a dwelling unit shall be present at the facility or otherwise participate in the operation of an animal rescue shelter at any one time.
5. Signage And Visibility: No exterior business signs on a principal building, accessory building or vehicle used in connection with the animal rescue shelter, shall be permitted in connection with any animal rescue shelter unless otherwise permitted under section 5-5-11 of this title.
6. Traffic Limitations: No animal rescue shelter shall generate significantly greater vehicular or pedestrian traffic than is typical of residences in the surrounding neighborhood of the animal rescue shelter.
7. Nuisance Causing Activities: It is unlawful for any person operating an animal rescue shelter to allow or permit any animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisy conduct, which shall annoy, injure or endanger safety, health, comfort or repose of others. An animal is harbored in violation of this subsection if, without provocation, it makes noise that can be heard continuously within an enclosed structure off the property of the animal rescue shelter for more than fifteen (15) minutes and which annoys, injures or endangers the safety, health, comfort or repose of others. In addition to the foregoing specific limitations, no animal rescue shelter shall cause or create any act, which endangers public health or results in annoyance or discomfort to the public, said act being defined as a nuisance under title 7, chapter 1 of this code.
8. Inspections: In addition to any required inspections by applicable federal, state or county governmental agencies, all animal rescue shelters shall be subject to annual inspections conducted by the village, at the sole cost and expense of the owner and/or operator of such animal rescue shelter.
9. Licenses: No person shall engage in the operation of an animal rescue shelter without a valid license issued by: a) the Illinois department of agriculture and b) the village pursuant to the issuance of a special use permit in accordance with the provisions of section 5-10-7 of this title.
(F) Cannabis Business Establishments: Cannabis business establishments as defined in the Cannabis Regulation and Tax Act (House Bill 1438) ("Cannabis Act") as of the date of the adoption of this section, which currently includes cultivation centers, craft growers, processing organizations, dispensing organizations, and transporting organizations, and any future amendments to the definition of cannabis business establishments pursuant to the Cannabis Act, are hereby prohibited uses in all zoning districts within the corporate boundaries of the village. (Ord. 09-07, 7-27-2009; amd. Ord. 19-19, 10-28-2019)