In addition to the use standards below, all uses are required to comply with all provisions of this Code including, but not limited to, §§ 153.190 through 153.195 (Site Development Standards), §§ 153.205 through 153.218 (Off-Street Parking and Loading), §§ 153.230 through 153.242 (Landscaping and Screening), and §§ 153.255 through 153.265 (Signs), and all other village regulations.
(A) Assisted living facility, independent living facility and nursing home. Assisted living facilities, independent living facilities and nursing homes shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:
(1) The location, design and operation of the facility shall be compatible with, and shall not adversely affect, adjacent properties and the surrounding area.
(2) The facility shall be harmonious with surrounding buildings, in respect to scale, architectural design and building placement. If located within a residential district, the facility shall not alter the residential character of the neighborhood.
(3) The surrounding street network shall be capable of accommodating the traffic generated by the facility.
(B) Community residence. Community residences shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:
(1) The location, design and operation of the facility will not alter the residential character of the neighborhood.
(2) The facility shall retain a residential character, which shall be compatible with the surrounding neighborhood.
(3) The operation of the facility shall not adversely impact surrounding properties.
(C) Cultural facility. Cultural facilities shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties.
(D) Day care center, child or adult. Day care centers shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:
(1) Adequate on-site drop-off zones, sidewalks and exterior lighting shall be provided.
(2) The amount of traffic or noise to be generated shall not be excessive.
(3) Adequate open space and recreational areas shall be provided.
(E) Day care home, child or adult. Day care homes shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:
(1) Adequate on-site drop-off zones, sidewalks and exterior lighting shall be provided.
(2) The amount of traffic or noise to be generated shall not be excessive.
(3) Adequate open space and recreational areas shall be provided.
(4) The day care home shall retain a residential character and the affect of the day care home shall not alter the residential character of the neighborhood.
(5) The operation of the day care home shall not adversely impact surrounding properties.
(F) Drive-through facility. A drive-through facility is considered a separate use, rather than accessory to the principal use, and shall be subject to the following standards:
(2) All drive-through lanes must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.
(3) No exterior lighting shall produce a glare into, or upon, the surrounding area or any residential premises. All drive-through facilities shall be properly screened, in accordance with § 153.242(D), to prevent glare from vehicles passing through service lanes.
(4) Drive aisles shall be separated from landscaped areas by a six-inch curb.
(5) The volume on all intercom menu displays shall be maintained at a level so as not to be audible in adjoining residential districts. The volume on all intercom menu displays shall comply with all local noise regulations.
(6) The operator of the drive-through facility shall provide adequate on-site outdoor waste receptacles and shall provide daily litter clean-up of the facility and along the rights-of-way abutting the property.
(G) Dwelling, multi-family and dwelling, townhouse.
(1) Facades must be designed to be viewed from multiple directions and, therefore, they must be designed with consistent materials and treatment that wraps around all facades. There must be a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials and colors in the entire structure.
(2) Windows and doors must have raised elements to create shadow and articulation. In addition, three-dimensional elements, such as balconies and bay windows, should be incorporated to provide dimensional elements on a facade. Windows must be set back (“punched”) into or projected out from the facade to provide facade depth and shadow, vertical in orientation and of a consistent style.
(3) Roof forms must be articulated so that varied planes and massing within the overall roof are provided. Large, monotonous, simple pitched roofs, without breaks in the expanse of the roof, are prohibited. Dormers and gables can be used to break up large expanses of roof area. For flat roofs, cornices and parapets should be used to add variety and break up the roofline. Rooflines must be modulated at minimum every 75 feet through the use of varied roof heights.
(4) There shall be a minimum separation of ten feet between sidewalls among rows of townhouse developments and multi-family dwellings. Where the front or rear wall of a row of townhouse or multi-family dwellings faces the front or rear wall of another row of townhouse or multi-family dwellings, the minimum required separation between such buildings shall be a minimum of 30 feet. Driveways and parking areas may be located within this minimum separation area.
(5) Large, flat facades must be avoided, which can be accomplished by articulating the building mass to create substantial shadows and visual interest. Windows, projected entrances and overhangs must be included on the street facing facade to add variety and maintain a pedestrian-scale. When the sidewalls of multi-family or townhouse development face a street, building facades must be designed with elements of a front facade, including doors and/or windows.
(6) All townhouses must be designed with the front or side facade of the units facing the street with either detached garages located in the rear yard or attached garages oriented to the rear of the units.
(7) Figure 11-1: Townhouse and Multi-Family Design Guidelines illustrates these design guidelines.
FIGURE 11-1: TOWNHOUSE AND MULTI-FAMILY DESIGN GUIDELINES
(H) Educational facilities, primary, secondary, college/university.
(1) Educational facilities shall be designed so that the location of entrances and exits, exterior lighting, outdoor recreation areas, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties.
(2) Changes to outdoor recreation facilities that are part of an educational institution’s campus require site plan review approval for the construction of any buildings, accessory structures and exterior lighting.
(I) Entertainment and recreation facilities, indoor or outdoor. Entertainment and recreation facilities shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties.
(J) Kennel/dog “day care” service.
(1) Exterior enclosures and runs shall provide protection against weather extremes. Floors of runs shall be made of impervious material to permit proper cleaning and disinfecting.
(2) All animal quarters and runs are to be kept in a clean, dry and sanitary condition.
(3) Fencing surrounding exercise areas and/or runs shall be of a sufficient height to prevent escape and shall be buried as part of installation to prevent escape by digging beneath the fence posts.
(4) Noise shall be mitigated so as not to create a public nuisance for adjoining properties and shall comply with all local noise regulations. This shall exclude noise from exercise or training while outdoors during the daytime.
(K) Gas station.
(1) Gas station canopies shall be designed with luminaires recessed under the canopy to minimize light pollution. Light intensity directly under the canopy shall not exceed ten footcandles at any location. All lighting mounted under the canopy, including auxiliary lighting within signage and panels over the pumps, shall be included in the ten-footcandle limit.
(2) All gas station driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.
(3) Gas stations may offer convenience items for sale as a secondary activity.
(5) In addition, gas stations may be included accessory to a “minor motor vehicle repair and service shop.” However, they shall be subject to the provisions of this section and the standards of division (N) below.
(6) Gas stations shall not be subject to the maximum front setback of the C-1 District. However, a minimum five-foot landscaped setback shall be provided.
(L) Motor vehicle dealership or motor vehicle rental establishment. Motor vehicle dealerships or rental establishments shall have a minimum lot size of 20,000 square feet. Any service and repair facilities must also comply with the standards of division (N) below.
(M) Motor vehicle operations facility. All repair operations and service bays shall be fully enclosed.
(N) Motor vehicle service and repair, major or minor.
(1) Minor motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than ten days. Major motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than 30 days.
(2) All driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.
(3) All repair operations shall be fully enclosed. Wrecked or junked vehicles shall not be stored for longer time periods than those specified above and shall be screened from the public right-of-way and any adjacent residential districts.
(4) Minor motor vehicle service and repair shops may also include gas stations as an accessory use. All gas stations which are part of such an establishment must comply with the regulations of division (K) above.
(O) Off-street parking, structure or lot.
(1) Parking structure.
(a) Parking structures located in the C-1 District shall include commercial uses along at least 50% of the length of a facade adjacent to a public right-of-way, excluding alleys. Those areas of the facade adjacent to a public right-of-way, excluding alleys, that do not contain commercial uses must maintain a ten-foot landscaped yard.
(b) Where no commercial frontage is required, a landscaped yard a minimum of ten feet in width shall be provided adjacent to a public right-of-way, excluding alleys.
(2) Off-street parking lot.
(a) The off-street parking lot shall be solely for the parking of passenger vehicles for periods of less than one day and shall not be used as an off-street loading area.
(b) No sale display repair or service of any kind shall be conducted in any off-street parking lot.
(c) No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on any off-street parking lot.
(d) No buildings other than those for shelter of attendants shall be erected upon any off-street parking lots. The allowable shelters shall not exceed ten feet in height and 50 square feet in area.
(f) The off-street parking lot shall be kept free from refuse and debris. All landscaping shall be maintained in a healthy growing condition, and be neat and orderly in appearance.
(P) Outdoor dining. Outdoor dining is considered a separate use, rather than accessory to the principal use, and shall be subject to the following standards:
(1) Outdoor dining shall not interfere with the pedestrian access or parking spaces and aisles. Unless otherwise permitted by the village, outdoor dining areas shall be located only on private property.
(2) Outdoor dining shall not be located in any required yard that abuts a residential use or district, unless an alley is located between the use and a residential use or district.
(Q) Place of worship. Places of worship shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties.
(R) Wireless telecommunications antenna, facility and tower.
(1) Purpose. The following standards for wireless telecommunications antennas, facilities and towers are intended to:
(a) Ensure public health, safety, convenience, comfort and general welfare.
(b) Ensure access to reliable wireless telecommunications services throughout the village.
(c) Encourage the use of existing towers and other structures for the collocation of wireless telecommunications antenna.
(d) Encourage the location of towers, to the extent possible, in areas where the adverse impact on the village will be minimal and preferably in non-residential, as opposed to residential, districts.
(e) Minimize the potential adverse effects associated with the construction of wireless telecommunications towers through the implementation of reasonable design, landscaping and construction practices.
(2) Application requirements. In addition to the requirements for a special use, all applications to erect, construct or modify any part of a wireless telecommunications antenna, facility or tower shall include the following items, unless waived by the village:
(a) A site plan showing:
1. The location, size, screening and design of all buildings and structures, including fences.
2. The location and size of all outdoor equipment.
3. A landscape plan showing all screening.
4. If the site plan is for a new wireless telecommunications tower, indication of the fall zone (shaded circle).
(b) A maintenance plan, and any applicable maintenance agreement, designed to ensure long-term, continuous maintenance to a reasonably prudent standard, including maintenance of landscaping, keeping the area free from debris and litter, and immediate removal of any graffiti.
(c) A disclosure of what is proposed, demonstrating the need for the wireless telecommunications antenna, facility or tower to be located where proposed.
(d) The reason or purpose for the placement, construction or modification, with specific reference to the provider’s coverage, capacity, and/or quality needs, goals and objectives.
(e) The service area of the proposed wireless telecommunications antenna, facility or tower.
(f) An EME/RF Study which documents both the individual carrier’s contribution of radio frequencies (RF) to the environment, and the cumulative effects of all RF sources at the site. The study must document where the “maximum permissible exposure” (MPE) is exceeded.
(g) The nature and extent of the provider/applicant’s ownership, easement or lease interest in the property, building or structure upon which the antenna, facility or tower is proposed for placement, construction or modification.
(h) The identity and address of all owners and other persons with a real property recorded interests in the property, building, or structure upon which the antenna, facility or tower is proposed for placement, construction or modification.
(i) If the proposal is for a new telecommunications tower, then a map showing collocation opportunities within the village and within areas surrounding the borders of the village shall be provided and justification for why collocation is not feasible in order to demonstrate the need for a new tower.
(j) Certification by a State of Illinois licensed and registered professional engineer regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.
(k) A visual simulation or rendering of the proposed support structure that illustrates the relationship between the height and the visual appearance of the structure. The village may require the visual simulation shall be provided from two different perspectives and accurately depict the scale of the proposed structure in the context of the surrounding area.
(3) Fall zone setback.
(a) A fall zone shall be constructed around any wireless telecommunications tower equal to 125% of the height of the tower. The fall zone shall not include public right-of-way, and must be located on property either owned or leased by the applicant, or for which the applicant has obtained an easement, and may not contain any structure other than an associated wireless telecommunications facility.†In all cases, the wireless telecommunications tower must at least meet the underlying setback requirements of the zoning district in which it is located.
(b) The village may reduce the required fall zone as part of the special use approval, but the village must find that the tower is less visible as a result and that safety is not compromised. Such reduction in the fall zone setback shall require submission of a written instrument signed by all adjoining property owners, and duly notarized, agreeing to such modification. †In all cases, the wireless telecommunications tower must at least meet the underlying setback requirements of the zoning district in which it is located.
(c) Any associated wireless telecommunications facilities shall be set back from all property lines in accordance with the minimum setback requirements in the zoning district.
(4) Height. The maximum height of a wireless telecommunications tower shall be 100 feet, including all attachments (antennas, lightening rods, arrays, and the like). A special use application for approval of a wireless telecommunications tower shall demonstrate that the tower does not exceed the minimum height requirement necessary to function satisfactorily, which may be less than the 100-foot maximum permitted here. As part of the special use approval, a tower may exceed the maximum height if the village finds that the exception is necessary for collocation purposes. In any case, the tower shall not exceed the height necessary to function satisfactorily.
(5) Lighting and marking. Wireless telecommunications antennas, towers and facilities shall not be lit or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(6) Landscaping. Landscaping is required to enhance compatibility with adjacent land uses. A fence six feet in height must be erected around the wireless telecommunications tower and/or facility. Landscaping shall be installed outside the fencing in accordance with the following:
(a) One shade tree shall be provided for every 25 feet of fence length, not including gates or other fence openings.
(b) One shrub for every five feet of fence length, not including gates or other fence openings.
(c) The landscaping may be flexible in its arrangement (but not quantity) by appropriately aggregating the required plant materials and maintaining open areas around gates or other fence openings.
(7) Additional standards for wireless telecommunications antennas.
(a) Wireless telecommunications antennas shall be a special use in all districts, except where they are considered a permitted use subject to site plan review in accordance with division (R)(10) below.
(b) Wireless telecommunications antennas do not include satellite dishes, as regulated in § 153.193(K) of this Code.
(c) Antennas shall be of a color that is identical or similar to the color of the supporting structure to make the antenna visually unobtrusive.
(d) No antenna shall increase the overall height of any building or structure on which it is mounted by more than 10%, or ten feet, whichever is less. However, antennas attached to existing communication towers shall not increase the height of tower above the maximum allowed.
(e) The village may require, at its discretion, additional EME/RF Studies once antennas have been mounted and are in use in order to verify that the MPE has not been exceeded.
(8) Additional standards for wireless telecommunications facilities.
(a) Wireless telecommunications facilities shall be a special use in all districts.
(b) Any buildings, cabinets or shelters may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation shall not be stored on the site. The facility shall be un-staffed and does not include telecom hotels.
(c) Signs for the wireless telecommunications facility shall be limited to ownership and contact information, FCC antenna registration number (if required), and any other information required by government regulation. Commercial advertising is strictly prohibited.
(9) Additional standards for wireless telecommunications towers.
(a) Wireless telecommunications towers shall be a special use in all districts.
(b) Wireless telecommunications towers shall be designed to accommodate at least three telecommunications providers.
(c) The area surrounding a tower must be of a sufficient size to accommodate accompanying wireless telecommunications facilities for at least three telecommunications providers.
(d) Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the city, towers shall have a galvanized silver or gray finish.
(10) Stealth design for wireless telecommunications antennas. Stealth design for wireless antennas is encouraged and shall be considered a permitted use in all districts, subject to site plan review. All applications for site plan review shall include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design shall comply with the following regulations:
(a) To qualify as a stealth design, wireless telecommunications antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a causal observer.
(b) Antennas must be located on or in structures already permitted within zoning districts, such as water towers, clock towers, streetlights, penthouses, parapet walls and steeples, and shall be designed to blend in to the structure. Antennas that co-locate on existing wireless telecommunications towers shall also be considered stealth design. However, antennas attached to existing communication towers shall not increase the height of tower above the maximum allowed.
(c) No antenna shall increase the overall height of any building or structure on which it is mounted. If an antenna exceeds the overall height of any building or structure, it shall be considered a special use.
(11) Abandonment. Any wireless telecommunications tower or facility that is not operated for a period of 180 consecutive days shall be considered abandoned. The owner shall remove the tower or facility, and all aboveground equipment and related debris, within 180 days of its abandonment. The village shall ensure and enforce removal by means of its existing regulatory authority.
(12) Nonconformities.
(a) Nonconforming wireless telecommunications antenna or facilities. Ordinary maintenance may be performed on nonconforming antenna or facilities. However, if the proposed alteration would intensify a nonconforming characteristic of the antenna or facility, a variance is required.
(b) Nonconforming telecommunications towers.
1. Ordinary maintenance may be performed on nonconforming towers.
2. Collocation of an antenna on an existing nonconforming tower is permitted as a special use, provided that the addition of the antenna and any additional wireless telecommunications facilities do not intensify the nonconformity.
(S) Utility, private. Private utilities shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. Additional landscaping and screening may be required. Any aboveground private utility structures, such as pedestals for cable wire access or other access points for underground infrastructure (communications wiring, fiber optic, and the like) may not encroach into the required front yard and shall be screened from view of any public right-of-way.
(T) Medical cannabis dispensing organization.
(1) A licensed medical cannabis dispensing organization must comply with all requirements of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act.
(2) A licensed medical cannabis dispensing organization may not be located within 1,000 feet of a primary or secondary educational facility or a day care center. Any subsequent amendment to state law that is more restrictive than this spacing standard will control.
(3) A licensed medical cannabis dispensing organization may not be located in a residential dwelling, or in a building containing residential dwellings, or within a residential district (i.e., a zoning district zoned exclusively for residential use).
(4) A security and operation plan must be submitted as part of the special use application that includes the following:
(a) The floor area and interior configuration of the establishment.
(b) Days and hours of operation.
(c) Maximum occupancy.
(d) The security plan, including all security measures implemented by the use.
(e) Exterior lighting design.
(Ord. 929, passed 1-25-11; Ord. 997, passed 11-25-14; Ord. 1076, passed 1-23-18) Penalty, see § 153.999