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Table 10-2: Special Purpose Zoning Districts Bulk and Setback Regulations establishes bulk and setback regulations for the special purpose districts.
VILLAGE OF LA GRANGE PARK, ILLINOIS TABLE 10-2: SPECIAL PURPOSE ZONING DISTRICTS BULK & SETBACK REGULATIONS | ||
District | ||
Bulk & Setback Regulations | OS | I |
VILLAGE OF LA GRANGE PARK, ILLINOIS TABLE 10-2: SPECIAL PURPOSE ZONING DISTRICTS BULK & SETBACK REGULATIONS | ||
District | ||
Bulk & Setback Regulations | OS | I |
Bulk Regulations | ||
Minimum lot area | None | 20,000 sq. ft. |
Minimum lot width | None | None |
Maximum building height | 30 ft. | 45 ft. |
Setback Regulations1 | ||
Minimum front setback | 20 ft. | 10 ft. |
Minimum rear setback | 25 ft. | 10 ft., unless abutting a residential use, then 25 ft. |
Minimum interior side setback | 10 ft. | 10 ft., unless abutting a residential use, then 20 ft. |
Minimum corner side setback | 10 ft. | 10 ft. |
1 For the OS District, setback regulations apply only to those uses with structures. | ||
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999
USE STANDARDS
No structure or premises shall be used or occupied except in conformity with the regulations for the zoning district in which it is located. No structure shall be erected, reconstructed, extended, enlarged, altered or moved except in conformity with the regulations of the zoning district in which it is located.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999
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.
(U) Wholesale distribution ancillary to retail.
(1) Wholesale distribution ancillary to retail is limited to the following area within the C-1 District: Maple Avenue from 30th Street to 31st Street.
(2) All storage and all loading and unloading of wholesale goods must occur entirely within the structure. Outside storage and outside loading or unloading of wholesale goods is prohibited.
(3) All wholesale operations must be directly related to the retail use on-site. If the retail use ceases operation, the wholesale operation must cease.
(Ord. 929, passed 1-25-11; Ord. 997, passed 11-25-14; Ord. 1076, passed 1-23-18; Ord. 1225, passed 6-25-24) Penalty, see § 153.999
ON-SITE DEVELOPMENT STANDARDS
The purpose of this subchapter is to address the regulation of those other site improvements on a lot other than the regulations for the principal building. This includes site design standards, accessory structures and uses, and permitted encroachments.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)
(A) Number of buildings on a lot. In the R-1A, R-1 and R-2 Districts there shall be no more than one principal building per lot. In all other districts, more than one building may be erected on a single lot, provided that each building shall comply with all yard and bulk requirements of a district as though it were a principal building on an individual lot.
(B) All activities within an enclosed structure. Within all districts, all activities shall be conducted entirely within an enclosed structure, with the exception of the following activities and uses:
(2) Outdoor businesses, and those businesses with a required outdoor component, including, but not limited to, outdoor entertainment, outdoor recreation, restaurants with outdoor dining, car washes, kennels/dog “day care” services and similar businesses. However, these businesses may be limited or the outdoor components prohibited as a condition of a special use where applicable.
(3) Outdoor storage, and outdoor sales and display areas, in accordance with division (I) below.
(4) Temporary uses, in accordance with § 153.195.
(C) Frontage on a public or private street. All lots shall front on a public or private street.
(D) Required setbacks. No lot shall be reduced in area so that the setbacks are less than required by this Code. The required setbacks for a zoning lot shall not be considered a setback for any other zoning lot. All setbacks allocated to a building shall be located on the same zoning lot as such building.
(E) Applicability of bulk requirements. All structures erected after the effective date of this Code shall meet the requirements for the zoning district in which the structure is located. No existing structure shall be enlarged, altered, reconstructed or relocated in such a manner that conflicts with the requirements of the zoning district in which the structure shall be located.
(F) Applicability of use restrictions. No structure or land shall be used for any use other than one allowed as either a permitted or special use in the zoning district in which such structure or land is located. Structures or land may also be used for a temporary use or accessory use, in accordance with the requirements of §§ 153.195 and 153.193.
(G) View obstruction. The site clearance area at the intersection of two streets shall be defined as a triangular area of a corner lot measured 15 feet from the point of intersection of the two streets measured along the curb line or edge of pavement where no curbs are present, shall not be obstructed by any sign, wall, fence, hedge, shrub or other object which exceeds 24 inches in height. Trees may be maintained within this area as long as there is no foliage within 36 inches as measured from the ground to the lowest foliage. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge, or shrub shall be reduced so that the site clearance is not obstructed 24 inches over the grade of the street. See Figure 12-1: View Obstruction.
FIGURE 12-1: VIEW OBSTRUCTION
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999
(A) Light trespass and distraction.
(1) No exterior lighting shall glare into, or upon, the surrounding area or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets. The light level shall be no greater than one-half footcandle at a residential property line and one footcandle at any non-residential property line or public right-of-way line.
(2) Specifically, the following types of light trespass are prohibited:
(a) Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.
(b) Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.
(B) Unshielded lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved carnivals, fairs or other similar activities are held and only when such activities are taking place.
(C) Light pole and building-mounted lighting heights. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, shall be as specified below, unless otherwise required by the Building Code. These standards do not apply to public right-of-way lighting. Permitted light pole heights shall be as follows:
(1) Non-residential districts.
(a) Lights poles and building-mounted fixtures shall be designed with fully shielded luminaires. Such poles or mounts shall not exceed 16 feet in height.
(b) Light poles for educational facilities or that light public outdoor recreational facilities shall not exceed 60 feet in height. Exterior lighting for all outdoor recreation areas is subject to site plan review.
(2) Residential districts. Light poles for single- and two-family dwellings shall not exceed eight feet in height. Light poles for non-residential uses, multi-family and townhouse uses shall not exceed 12 feet in height. Lighting, including under-soffit lighting mounted upon a single-family, two-family or townhouse residential dwelling shall not be mounted higher than 15 feet above grade.
(D) Automatic teller machine lighting. All exterior lighting for automatic teller machines (ATMs) shall comply with the Automated Teller Machine Security Act (ILCS Ch. 205, Act 695 §§ 1 et seq.). All exterior lighting for ATMs in drive-through facilities shall be designed with luminaires recessed under the canopy to minimize light pollution.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999
(A) Accessory structures - general regulations. All accessory structures shall be subject to the following regulations, in addition to any other regulations within this section and this Code.
(1) No accessory structure shall be constructed prior to construction of the principal building to which it is accessory.
(2) Only those accessory structures permitted by this section or § 153.194 are permitted in
required setbacks. Certain accessory structures may also be prohibited in certain yards. Required setbacks are described in the district standards. The use of the term “yard” refers to the area between the building line and the lot line. The distinction is made because certain principal buildings may be set back further than required by district setback standards, thereby creating a yard larger than the minimum setback dimension.
(3) The maximum height of any detached accessory structure shall be measured from the floor of the structure to the peak of the roof. No detached accessory structure shall exceed ten feet, unless otherwise permitted or limited by this Code.
(4) All accessory structures must be located a minimum of five feet from any rear lot line and three feet from an interior side lot line, as measured from the eaves, unless otherwise permitted by this Code.
(5) The combined square footage of all detached accessory buildings located in the rear yard shall not occupy more than 50% of the required rear yard.
(B) Amateur (HAM) radio equipment.
(1) Towers that solely support amateur (HAM) radio equipment shall be permitted only in the rear yard and may encroach into the rear setback, and shall be located ten feet from any lot line. Towers shall not exceed the maximum building height of the applicable district by more than ten feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with division (B)(3) below.
(2) Antenna may be ground-, building- or roof-mounted, provided they do not exceed the maximum building height by more than ten feet unless a taller antenna is technically necessary to engage successfully in amateur radio communications in accordance with division (B)(3) below. Every effort shall be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys.
(3) An antenna or tower that is proposed to exceed the height limitations shall be considered a special use. The operator must provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna shall not prove a hazard to birds (i.e., minimal chance of bird strikes). As part of the application, the applicant must submit a site plan showing the proposed location of the tower and/or antenna, as well as its relation to the principal building and any additional accessory structures.
(4) Antennae and/or towers owned and operated by the village are exempt from these requirements.
(C) Generators.
(1) Generators are permitted in the rear and interior side yards. Generators may encroach into the rear and interior side setbacks, but must be located at least five feet from any rear lot line and three feet from a side lot line. Generators are prohibited in the front or corner side yards and setbacks.
(2) All generators must be installed to meet all manufacturer required safety clearances (i.e., distances from the structure and other site elements, such as landscaping, fences, and accessory structures). All generators must also maintain all required safety clearances from structures and site elements on neighboring properties.
(3) Noise emitted from generators shall not exceed 70 decibels when measured at a distance of no more than 23 feet.
(4) All generators shall be screened with a solid fence or plant materials when readily visible from the public right-of-way, excluding alleys. Screening materials may be masonry, wood, or landscaping, and shall effectively screen the generator so no portion is readily visible from that public right-of-way. Color and texture of a masonry screen shall be compatible with the color and texture of the principal building on the site. Screening is not required if a generator is screened by an existing structure, fence, or landscaping, such that it is not readily visible from a public right-of-way.
(5) Generators may only be tested between the hours of 10:00 a.m. and 2:00 p.m. Testing of generators shall be limited to no more than once per week.
(D) Fences.
(1) General requirements.
(a) No fence shall be erected or replaced within the village without first obtaining a building permit.
(b) All fences shall be measured from existing grade, unless otherwise specified.
(c) Edging shall be subject to the regulations of division (B)(4) below.
(d) Fences for utilities and public recreational uses in any district shall be subject to the regulations of division (B)(5) below.
(e) For the purposes of this section, walls shall be subject to these fence requirements.
(2) Fences in residential districts.
(a) Fences are permitted in the following locations, subject to the design requirements of division (D)(2)(b) below:
1. Fences are permitted in the front yard when located behind the front building line.
2. Fences are permitted within the interior side and rear setbacks and yards.
3. Fences are permitted within the corner side yard and setback when located behind the rear building line. However, fences in the corner side yard or setback are permitted to extend a maximum of ten feet from the rear building line toward the front lot line.
(b) Solid or open fences are permitted in the interior side and rear yards, and may be erected to a maximum height of six feet. Open fences only are permitted in the front and corner side yards, and may be erected to a maximum height of four feet. Open fences shall be defined as a fence that is 33% or more open.
(c) Fences are permitted are shown in Figure 12-2: Permitted Fence Location.
FIGURE 12-2: PERMITTED FENCE LOCATION
(3) Fences in non-residential districts.
(a) Fences are permitted within the interior side and rear yards and setbacks. Fences are prohibited in the front or corner side yards and setbacks.
(b) Fences in non-residential districts may be erected to a height of six feet.
(4) Decorative lawn edging. Decorative lawn edging is permitted as a landscape treatment in all yards and setbacks. However, decorative lawn edging in front or corner side setbacks is subject to the following restrictions:
(a) All decorative lawn edging must be located three feet from any interior side lot line.
(b) No decorative edging in the front setback may exceed six inches in height.
(5) Fences for utilities and public recreational uses.
(a) Whenever the lot line of a utility or public recreational use abuts a residential district, or whenever a utility use fronts on a public right-of-way, the use shall be fenced. In addition to the fencing, shrubs a minimum of five feet in height shall be planted along the fence.
(b) Utility uses shall be fenced. Barbed wire, razor wire or fences of similar material shall be permitted only on a lot used for a utility facility. All barbed wire, razor wire or similar material shall be placed no less than seven feet above finished grade and shall extend inward toward the interior of the lot. Such fences shall be a maximum height of eight feet. Such fences may be located in any yard and are not required to be open.
(c) Public recreation areas may be enclosed along their boundaries (i.e., all yards) with an open type fence to a height not to exceed eight feet. Tennis courts and other similar uses may be fenced in accordance with national standards for such uses.
(6) Fence construction and design requirements.
(a) The finished side of all fences shall face away from the lot on which it located. Both sides of all fences shall be similar in design, construction and appearance.
(b) All fence posts shall be placed on the inside of the fence.
(c) A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.
(d) Fences shall only be constructed of the following materials:
1. Treated wood, cedar or redwood;
2. Simulated wood;
3. Decorative brick or stone;
4. Wrought-iron or aluminum or steel designed to simulate wrought-iron;
5. Coated chain link, brown, black or green in color (permitted in rear and interior side yard only);
6. Vinyl.
(7) Nonconforming fences.
(a) Existing fences that are nonconforming in terms of corner side yard location are permitted to rebuild in the existing location so long as the fence complies with height and openness regulations of this Code.
(b) Any fence that is nonconforming, with the exception of the circumstances described in division (D)(7)(a) above, must be brought into conformance when repaired or reconstructed.
(E) Garages, attached and detached. The following design standards apply to all residential garages. Attached garages shall not be considered an accessory structure but shall be subject to the regulations of this section for attached garages.
(1) Attached garages.
(a) Front-loaded attached garages shall not occupy more than 22 feet in garage door width or 50% of the width of the front facade of the house, as measured along the building line that faces the street, whichever is greater.
(b) Attached front-loaded garages shall be located a minimum of five feet behind the main front facade of the house. This measurement will be taken from the part of the front facade that is immediately adjacent to the garage, except that the measurement may be taken from the part of the house closest to the street if all of the following conditions are met (See Figure 12-3: Attached Garage Design):
1. The front facade of the house is irregular (i.e., the front foundation is not a straight line).
2. The portion closest to the street is actual living space.
3. No such measurement may be taken from a porch, bay window, turret or similar architectural feature that protrudes from the facade.
(c) Windows, doors and roof treatments of that part of the garage facing the street shall incorporate architectural detail expressive of a residence.
(d) Upper level dormers and pitched roof elements shall be used to de-emphasize the garage. Garage openings, windows, columns, trims, decorative paneling and color shall de-emphasize the visual impact of the garage in relation to the building as a whole.
FIGURE 12-3: ATTACHED GARAGE DESIGN
(2) Detached garages.
(a) A detached garage shall not exceed a maximum of 16 feet in height as measured from the garage floor to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean point between the eaves and the ridge of a gable, hip or gambrel roof.
(b) The area above the vehicle parking spaces in a detached garage may be utilized for storage, but not living space and may not contain a kitchen, bathroom or sleeping area.
(c) Detached garages shall not exceed 660 square feet.
(d) Detached garages are permitted in the rear and interior side yards and setbacks. Detached garages shall be located a minimum of five feet from any rear lot line and three feet from an interior side lot line, as measured from the eaves.
(e) Detached garages should be consistent with the architecture and design of the principal building. Consistency of design shall include use of the same palette of materials as the principal building, roofing, roof pitch, trim and colors.
(f) Detached garages shall be located a minimum of ten feet from the principal structure on a lot. The distance shall be measured from the walls of the structure.
(g) In recognition of preserving existing residential structures on interior lots within the R-1A and R-1 Districts that currently have a single-car detached garage and are currently constructed at the 30% limitation of building coverage, an additional lot coverage bonus of 3% is permitted to construct a new detached two-car garage. Principal structures within the R-1A and R-1 Districts with an existing detached garage as of the date of adoption of this Code shall be permitted a maximum building coverage of 33% specifically for the replacement of a detached garage with a two-car capacity. If such principal structure is demolished, the building coverage requirement shall revert to 30% limitation for interior lots. Within the R-1A and R-1 Districts, no additional building coverage is permitted for corner lots where lot coverage is limited to 35% for corner lots.
(F) Gazebo, detached. Detached gazebos are permitted in the rear yard and setback, provided they comply with the following requirements:
(1) Each surface of the gazebo shall be at least 25% open.
(2) Gazebos shall be limited to 12 feet in height as measured from grade to the peak of the roof. The gazebo platform shall be no higher than four feet above grade. Gazebos shall be limited to 120 square feet in area.
(3) The gazebo shall be set back a minimum of five feet from any lot line and ten feet from any principal structure.
(G) Home occupations. The following standards are intended to ensure that home occupations, conducted in a dwelling, are compatible with the neighborhoods in which they are located and do not interfere with the rights of the surrounding property owners to enjoy the established character of the neighborhood.
(1) The home occupation shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the use of the dwelling for residential purposes.
(2) The home occupation shall not exceed 25% of any one story of a single-family, two-family or townhouse dwelling unit. The home occupation shall not exceed 20% of any one story of a three-family, four-family or multi-family dwelling unit.
(3) A home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling.
(4) No person other than a family member residing on the premises shall be employed as part of a home occupation.
(5) Vehicular traffic and on-street parking shall not be increased by the home occupation.
(6) The receipt, sale or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods.
(7) A home occupation shall not generate noise, solid waste, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory or heavy equipment shall be permitted.
(8) No exterior alteration that changes the residential character of the principal building shall be permitted. No exterior building signs are permitted.
(9) Any type of motor vehicle service and repair is a prohibited home occupation. Day care homes are not considered a home occupation.
(H) Mechanical equipment.
(1) In all districts, all ground-based mechanical equipment including, but not limited to, heating, ventilating and air-conditioning (HVAC) units, may be located in the rear yard and setback but must be located at least five feet from a rear lot line and three feet from an interior side lot line. Ground-based mechanical equipment is prohibited in the front, interior side or corner side yard or setback. However, any existing ground-based mechanical equipment located in the interior side yard or setback as of the date of adoption of this Code shall be considered legally conforming and may be replaced and repaired.
(2) All approved ground-based mechanical equipment, including, but not limited to, HVAC units, shall be screened when readily visible from the public right-of-way, excluding alleys. Screening materials may be masonry, wood or landscaping, and shall effectively screen mechanical equipment so no portion is readily visible from that public right-of-way. Color and texture of a masonry screen wall shall be compatible with the color and texture of the principal building on the site. If ground-based mechanical equipment is screened by a structure, fencing or landscaping, such that it is not readily visible from that public right-of-way, it will be considered to have met these requirements.
(3) Any mechanical equipment located on the roof of any structure in any zoning district shall be screened either by an architectural element of the roof and at least six feet from any supporting wall of the building to permit safe access to the roof.
(I) Outdoor sales and display, and outdoor storage.
(1) Outdoor sales and display. Retail goods establishments are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same zoning lot. Any lawfully existing retail goods establishment shall be permitted to display and sell its merchandise outdoors under the following conditions:
(a) No sales and display area shall be permitted in any public right-of-way or obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required setback.
(b) Outdoor storage is prohibited for retail goods establishments.
(c) A portion of the parking area may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). No more than 10% of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display.
(d) All outdoor sales and display areas must comply with any screening requirements of § 153.242.
(2) Outdoor storage. The following uses are permitted outdoor storage: greenhouse/nursery, including the growing of plants in the open; motor vehicle dealership and rental establishment; motor vehicle operations facility; motor vehicle service and repair, major and minor; general manufacturing; and contractor storage yards. Additional outdoor storage may be approved by as a special use. These uses are permitted outdoor storage in accordance with the following provisions:
(a) All manufacturing, assembly, repair or work activity shall take place inside an enclosed building. No work shall take place outdoors.
(b) No required parking area shall be used as an outdoor storage.
(c) All outdoor storage must meet setback requirements.
(d) No materials stored or displayed outdoors shall be of a greater height than that of the required screening.
(e) All outdoor storage must comply with the screening requirements of § 153.242.
(f) All materials stored must be related to the business conducted on the property.
(J) Porches.
(1) Unenclosed porches may encroach five feet into any required front, corner side or rear setback. Steps are permitted to encroach ten feet into a required front yard.
(2) Enclosed porches must meet all setback requirements.
(3) Stoops are not considered porches.
(4) In the R-1A and R-1 Districts, single-family homes on interior lots are allowed additional building coverage as follows to accommodate a single-story unenclosed front porch. The additional building coverage may only be used for the unenclosed front porch. Such porches must meet the requirements of this section, including division (5) below.
(a) For existing single-family dwellings, up to an additional 3% of building coverage is permitted to construct a new unenclosed porch or to reconstruct or expand an existing unenclosed porch.
(b) For new construction of single-family dwellings, up to an additional 2% of building coverage is permitted if the dwelling is constructed with an unenclosed front porch.
(5) In order to qualify for such bonus, the unenclosed front porch must meet the following standards.
(a) The depth of the unenclosed front porch is a minimum of five feet.
(b) The length of the unenclosed front porch along the front façade is a minimum of 40% of the front façade. For homes with an attached front-loading garage, the garage portion of the façade is not included as part of the front façade for the purposes of this calculation.
(K) Satellite dish antennas.
(1) General requirements.
(a) Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure.
(b) Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.
(c) Cables and lines serving ground-mounted satellite dish antennas shall be located underground.
(d) Compliance with all federal, state and local regulations shall be required in the construction, installation and operation of satellite dish antennas.
(e) All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance. Antennas no longer in use must be removed.
(2) Small satellite dish antennas (one meter or less in diameter). Small satellite dish antennas, which are one meter or less in diameter, shall be subject to the general requirements of division (K)(1) above. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.
(3) Large satellite dish antennas (one meter or more in diameter).
(a) Residential districts.
1. Large satellite dish antennas are permitted only in the rear yard and setback, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.
2. The overall height of a large satellite dish antenna shall not exceed 12 feet.
3. A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening shall include fences, plant materials and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be, at minimum, five feet tall at the time of installation.
(b) Non-residential districts.
1. A large satellite dish antenna are permitted only in the rear or interior side yard and setback, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.
2. Roof-mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than 25% of the corresponding height or width of the screen.
3. Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming or landscaping to accomplish the following:
A. All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened.
B. Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.
(L) Sheds and private greenhouses.
(1) Sheds and private greenhouses are permitted only in the rear yard and setback. Sheds and private greenhouses shall be located a minimum of five feet from any rear lot line and three feet from a side lot line.
(2) The maximum height of any shed or private greenhouse shall be ten feet.
(3) No shed or private greenhouse shall exceed 120 square feet.
(4) Sheds and private greenhouses shall be located a minimum of ten feet from the principal structure on a lot. The distance shall be measured from the walls of the structure.
(M) Solar collectors. Solar panels shall be mounted flush with the roof of the structure when visible from the public right-of-way, excluding alleys.
(N) Swimming pools. All swimming pools shall comply with the requirements of the Village Code.
(O) Wind turbines. Wind turbines are subject to the following requirements:
(1) Wind turbines are subject to the following height restrictions:
(a) The maximum height of any ground-mounted wind turbine (a tower) is the height limit of the applicable zoning district.
(b) The maximum height of any wind turbine mounted upon a detached accessory structure is 15 feet above the maximum permitted height for such structure. The maximum height of any wind turbine mounted upon a principal structure is the height limit of the applicable zoning district.
(c) For purposes of this particular zoning item, maximum height is the total height of the turbine system including the tower, and the maximum vertical height of the turbines blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from the length of a prop at maximum vertical rotation to grade.
(d) No portion of exposed turbine blades may be within 20 feet of the ground. Unexposed turbine blades may be within ten feet of the ground.
(2) Ground-mounted wind turbines may be located in the rear yard only. A ground-mounted tower must be setback from all lot lines equal to the height of the tower. Additional parts of the wind turbine structure outside of the tower, including guy wire anchors, must be ten feet to any lot line.
(3) All wind turbines must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the system.
(4) Wind turbines may not exceed 60 dBA, as measured at the closest neighboring dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.
(5) Wind turbines must be approved by a small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer.
(6) Wind turbines must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(7) Building permit applications for wind turbines must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes.
(P) Window wells.
(1) The maximum amount of all window wells located along any wall may not exceed 40% of the length of that wall.
(2) Window wells may encroach up to three feet into the required rear setback and may encroach up to a maximum of two feet into a required interior or corner side setback. Window wells are prohibited in the front setback or yard.
(3) When more than one window well is installed along a wall, each shall be separated at least three feet from one another.
(4) Window wells used for egress shall comply with the provisions of the building code for an emergency escape window.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18; Ord. 1201, passed 5-23-23; Ord. 1205, passed 7-25-23) Penalty, see § 153.999
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