§ 151.114 TEMPORARY USES.

1200,000 square feet shall be required; however, a smaller site area may be approved by the Director, in consultation with the MDT team, if exceptional site characteristics and/or application conditions would mitigate any adverse impacts on the surrounding area.

(B) Temporary use permit required. No temporary use shall be established unless a temporary use permit evidencing the compliance of the use with the provisions of this section and other applicable provisions of this chapter has been issued by the Planning, Building and Development Director. The Planning, Building and Development Director shall be authorized to impose conditions on the application in accordance with § 151.045(I).

(C) Applications. Applications for temporary use permits shall be submitted to the Planning, Building and Development Department on forms available in the Planning, Building and Development Department. Applications shall be submitted at least 30 days before the date of the event or start of the temporary use, unless this timeframe is reduced by the Planning, Building and Development Director. Each application shall be accompanied by:

(1) A site plan, drawn to scale, showing the location of structures, improvements, parking areas and other features that exist or are proposed on the site; and

(2) Signed, written permission from the owner of or the agency having jurisdiction over the subject property.

(D) General standards. The following standards shall apply to all temporary uses unless otherwise expressly stated.

(1) Access approval from the highway authority with jurisdiction over the subject road shall be required.

(2) No permanent or temporary electrical connection shall be installed without an electrical permit and inspection.

(3) A building permit and inspection shall be obtained prior to the construction of any temporary structures.

(4) Temporary structures shall be located at least four feet from any buildings or structures on the subject property.

(5) The Planning, Building and Development Director shall be authorized to require evidence of approval from the Lake County Health Department regarding temporary sanitation facilities.

(6) No signs in connection with a temporary use shall be permitted except in accordance with the provisions of § 151.173. All temporary signage shall be removed immediately upon cessation of the temporary use.

(7) Temporary uses or structures shall not encroach into any required landscaping.

(8) Parking areas shall be provided for the temporary use (in addition to required parking for any principal use existing or proposed on the site), and the areas shall be capable of accommodating the number of parking spaces that are required for the most similar use type under § 151.165.

(9) Requests for modifications or waivers from any of the time limits of this section shall require review and approval in accordance with the delegated conditional use permit procedures of § 151.050.

(10) The Planning, Building and Development Director shall have the authority to suspend, revoke, or modify a temporary use permit immediately upon determination that the conditions and requirements set forth in the permit have been violated. Written notice of the Planning, Building and Development Director’s determination to suspend, revoke, or modify the permit shall be promptly provided to the applicant. A determination under this subsection (C) shall be final and conclusive unless the applicant takes an appeal to the Zoning Board of Appeals within ten calendar days after receipt of notice of the Planning, Building and Development Director’s determination.

(11) The Planning, Building and Development Director shall have the authority to deny temporary use permits to any person who owns, applied for or otherwise caused an uncorrected violation of a provision of this chapter or who has demonstrated a willful history of violations, including any condition attached to a permit or approval previously granted by the county. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

(12) The Planning, Building and Development Director shall have the authority to deny temporary use permits on any land or structure or improvements thereon, upon which there is an uncorrected violation of a provision of this chapter, including any condition attached to a permit or approval previously granted by the county. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

(13) The main road from which access is taken shall always be kept free of dust, dirt, mud, and other debris.

(14) Any food service operation that sells, prepares or serves potentially hazardous food must obtain an approved food service permit from the Lake County Health Department and is subject to inspection.

(E) Animal show. Animal shows shall be allowed for special events for agricultural and wildlife education purposes, including but not limited to shows, exhibitions, and contests. The maximum length of such a permit shall be ten days, with no more than three permits for a total of no more than 20 days issued per zoning lot in any calendar year.

COMMENTARY:

Private, non-public events on the sponsor's property such as private educational activities are not considered animal shows.

(F) Rodeo.

(1) Rodeos shall be allowed when accessory to an approved agricultural exempt use and limited to specified hours and a maximum of seven days per calendar year per zoning lot.

(2) Rodeos shall be limited to the dates and hours of operation specified in the permit.

(3) The minimum setbacks for the Agricultural (AG) Zoning District shall apply for any structure or activity associated with the rodeo.

(4) Rodeos shall be permitted only on parcels greater than ten acres in size. A parcel containing a rodeo shall be located at least 500 feet away from any property zoned and used for residential purposes.

(5) Noise levels associated with rodeos shall not exceed 70 dB(A) (SLOW meter response) at the property line of any property zoned and used for residential purposes.

(6) If liquor will be sold on the property, a liquor permit shall be obtained from the Chair of the Liquor Control Commission, as required by the Liquor Control Ordinance (see Chapter 111).

(7) The Planning, Building and Development Director shall be authorized to require proof of insurance to ensure public safety and protection.

(8) (a) It shall be the responsibility of the applicant to see that the area used for the event is maintained in a condition that provides for the public health, safety, and welfare for event attendees and neighbors alike.

(b) In the event that authorized personnel from the Lake County Sheriff’s Office determine that the activity is a threat to the public health, safety, or general welfare, the Lake County Sheriff’s Office shall have the right to close the event to ensure the health, safety, or general welfare of attendees or neighbors.

(G) Batch plant for road construction.

(1) Batch plants shall be located a minimum of 1,000 feet from any building used for residential purposes.

(2) The period for which the permit shall be valid shall be stated on the permit and shall not exceed the duration of the construction contract by more than 14 days.

(3) All facilities placed or located on the site shall be removed and the site restored to a clean and vegetated condition within the timeframe of the permit.

(H) Carnival or circus.

(1) The maximum length of the permit shall be ten days and no more than one permit shall be issued per zoning lot in any calendar year.

(2) No structure or equipment shall be located within 200 feet of any (off-site) building used for residential purposes.

(3) Carnival or circus events may not use live animals in any manner.

(I) Contractor’s office and construction equipment sheds.

(1) (a) Contractor’s office and construction equipment sheds shall be allowed in any zoning district when accessory to an allowed construction project.

(b) Contractor’s office and construction equipment sheds must be located on the same site as the construction project unless approved by the Planning, Building and Development Director.

(2) No contractor’s office or shed shall contain sleeping or cooking accommodations, except as necessary to accommodate security personnel.

(3) The maximum length of the permit shall be one year. The permit may be renewed throughout the duration of the construction period.

(4) Any office or shed shall be removed within 14 days of completion of the construction project.

(J) Contractor’s model homes.

(1) Temporary use permits for one or more contractor’s model homes may be issued for any subdivision that has received final plat approval.

(2) Temporary use permits for one or more model homes may be issued prior to final plat approval, subject to the following standards:

(a) Final engineering plans must be approved by all applicable county reviewing agencies and a site development permit must be issued prior to building permit approval.

(b) Model homes shall comply with minimum setback standards of the underlying zoning district. Setbacks from existing property lines and proposed lot lines shall be shown on the required site plan.

(c) The maximum number of contractor’s model homes that may be established prior to final plat approval shall not exceed 20% of the total number of dwelling units proposed in the development, or five dwelling units, whichever is less.

(d) Temporary occupancy permits for the model homes shall not be issued until:

1. Final plat approval is obtained; and

2. Roads, appropriate means of sewage disposal, storm sewers, stormwater management, and other required public improvements are substantially completed in that area of the development where the model homes have been constructed.

(e) A temporary use permit shall be valid for one year and may be renewed.

(K) Events of public interest. Events of public interest, including but not limited to picnics, races for motorized vehicles, water craft or air craft races, fishing derbies, dinner dances, fundraisers, survival games, haunted houses, outdoor concerts, auctions, tent meetings, farm-to-table events, and supervised public display of fireworks shall be subject to the following standards.

COMMENTARY:
Private, non-commercial events on the sponsor’s property such as home owners’ associations picnics at the subdivision park, corporate picnics on the corporate campus, private weddings at a private residence or subdivision clubhouse, and the like, are not considered events of public interest.

(1) Unless otherwise expressly approved, all uses and activities shall be limited to specified hours and a maximum of 15 days per calendar year (per zoning lot).

(2) All activities and uses shall be limited to the dates and hours of operation specified in the permit.

(3) Events of public interest shall be permitted in residential districts only when located on the site of a permitted nonresidential use. Any temporary event of public interest in a residential zoning district must be directly related to an approved nonresidential, institutional, or agricultural use.

(4) Traffic control shall be arranged by the operators of the event with the Lake County Sheriff’s Office.

(5) Water-based events of public interest shall require 60-day advanced notification to and coordination with all applicable governmental agencies having jurisdiction, the approval of any applicable agency permits, and the payment of any applicable agency fees prior to the issuance of a temporary use permit.

(6) Public parking for the exclusive use of the facility/event shall be provided and a stabilized drive to the parking area shall be maintained. It is the responsibility of the operators to guide traffic to these areas. No parking shall be permitted on any road or public right-of-way.

(7) Noise levels associated with events of public interest, except for supervised display of fireworks, shall not exceed 60 dB(A) (SLOW meter response) at the property line of any abutting property zoned and used for residential purposes.

(8) The site shall be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event. A cash bond or other assurance may be required by the Planning, Building and Development Director to ensure cleanup. Bond amounts shall be based on the estimated costs of cleanup and site restoration.

(9) If liquor will be used, sold, or consumed on the property, a liquor permit shall be obtained from the Chair of the Liquor Control Commission, as required by the Liquor Control Ordinance (see Chapter 111).

(10) The Planning, Building and Development Director shall be authorized to require proof of insurance to ensure public safety and protection.

(11) It shall be the responsibility of the applicant to see that the area used for the event is maintained in a condition that provides for the public health, safety, and welfare for event attendees and neighbors alike. In the event that authorized personnel from the Lake County Sheriff’s Office determine that the activity is a threat to the public health, safety, and welfare, the Lake County Sheriff’s Office shall have the right to close the event to ensure the health, safety, or general welfare of attendees or neighbors.

(12) In addition to the conditions listed above, a temporary use permit for supervised public displays of fireworks shall only be issued subject to the terms and conditions of the Fireworks Ordinance of the county (see Chapter 92).

(13) In addition to the conditions listed above, a temporary food service permit for farm-to-table events must be obtained from the Lake County Health Department prior to issuance of a temporary use permit.

(L) Material stockpiling and processing of dredged materials. Temporary material stockpiling and processing shall be subject to the following standards:

(1) Permitting and public outreach. The use shall be subject to both site development and temporary use permit processes. Following application submittal, staff will determine whether public information meeting would be required. A staff administered meeting may be held to gather information and feedback, as well as offer an opportunity for the public to learn about the use.

(2) Director approval. Approval of the temporary use permit is contingent on the Planning, Building, and Development Department Director’s approval. If a specific proposed site requiring a temporary use permit presents an unreasonable risk to public health, safety or welfare, the Director shall have the authority to deny the request.

(3) Maximum length of permit. Temporary use permits shall be limited to a maximum two-year period of time. However, the permit may be renewed in increments of up to two years in the absence of a pattern of credible complaints. In consideration of any such permit renewal, the Director may require a public information meeting to obtain additional input, as appropriate.

(4) Access.

(a) For properties without an approved access location, evidence that an access permit can be obtained, for the proposed use, from the highway authority having jurisdiction. For properties with a previously approved access location, evidence from the highway authority having jurisdiction that the existing access point is sufficient to serve the proposed use; if the existing access is insufficient, evidence that a new access permit can be obtained, for the proposed use, from the highway authority having jurisdiction.

(b) For properties with an access location onto a private road, evidence that permission can be obtained, for the proposed use from: 1) homeowners’ association having responsibility for maintenance of the private road, or 2) a majority of the property owners fronting the access road in the absence of an active association. Applicants must also show that they have or can obtain access permits from the highway authority which has jurisdiction over the road onto which the private road terminates, as outlined in subsection (L)(4)(a).

(5) Permission to use property. The application must include a signed, written permission from the owner of, or the agency having jurisdiction over, the subject property or properties.

(6) Site restoration plan.

(a) A site restoration plan must be submitted to and approved by the county.

(b) The exact termination date for the completion of operations and the restoration of the site shall be established in the temporary use permit review process and imposed at the time of approval based upon the estimated length of time the operation will be conducted.

(7) Operating standards. The applicant shall provide an operating plan. The operating plan shall, at a minimum, contain the following information:

(a) Number of employees anticipated at the facility.

(b) Proposed hours of operations for receipt of material.

(d) Identification of the maximum number of vehicles (by vehicle type) proposed to utilize the facility on a daily basis.

(e) Description of any equipment proposed to be utilized to prepare the material for stockpiling or shipment and the location and design of any noise-buffering elements, sheltering and operating controls to minimize noise impacts.

(f) Description of operating methods employed to control odor, accidental combustion of material, disease vectors, dust, and litter.

(g) Description of the method and equipment utilized to load recyclable and non-recyclable general construction or demolition for shipment from the facility.

(h) Specification of typical and maximum anticipated height of stockpiled dredging material and debris. Identification of the buffering and/or screening measures employed to minimize the visual impact of the proposed stockpiles from surrounding land uses.

(8) Other conditions. The temporary use permit may establish, as necessary, reasonable conditions that regulate activity on the site including but not limited to:

(a) Hours and days of operation.

(b) Vehicle trips generated per day.

(M) Public safety training structure. The Planning, Building and Development Director shall be authorized to approve the use of temporary structures for public safety training conducted by or on behalf of a governmental public safety entity to conduct training to fulfill the statutory purpose of that entity. The temporary structure permit shall not exceed a period of more than one year.

(N) Real estate sales office.

(1) Real estate sales offices shall be allowed in any zoning district for any new development approved in accordance with this chapter. Unless otherwise expressly approved by the Planning, Building and Development Director, the real estate sales office shall be located on the site of a new development. The office shall not be used as a residence, provided that a model home may be used as a temporary sales office.

(2) The maximum length of the permit shall be one year. The permit may be renewed throughout the sales period of the development.

(3) Applications to establish temporary real estate sales offices prior to final plat approval shall be accompanied by a signed affidavit from the builder and property owner acknowledging that the builder/owners will remove any structures, including model homes, if the preliminary plat lapses prior to approval of the final plat. The affidavit shall be in a form specified by the Planning, Building and Development Director.

(O) Temporary sales. The standards of this subsection (O) shall apply to farm produce sales, retail nursery sales associated with wholesale nurseries, Christmas tree sales, garage sales, farmers’ markets, and food sales.

(1) Farm produce sales (seasonal).

(a) Seasonal sales of farm produce and value added agricultural products may be allowed by temporary use permit in all zoning districts for a period not to exceed eight months per calendar year. In residential zoning districts, seasonal sale of farm produce and value added agricultural products shall only be allowed on parcels having a minimum area of 80,000 square feet and a minimum road frontage of 190 feet and further provided that the majority of the produce and primary ingredients of products are grown on-site.

(b) Temporary sales shall be allowed only during daylight hours, with specific hours of operation specified in the temporary use permit.

(d) A minimum of 30-foot setback shall be maintained from property used or zoned for residential purpose.

(e) The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.

(f) Sales shall be conducted in such a manner so as not to interfere with traffic or cause a nuisance.

(g) The access drive to the site shall be located at least 150 feet from the right-of-way of any public road intersection or other major access drive unless there is an existing access within 150 feet of the intersection and the highway authority having jurisdiction grants approval to use the existing access.

(2) Retail nursery stock sales associated with wholesale nurseries.

(a) Retail nursery stock sales events associated with wholesale nurseries may be allowed by temporary use permits and shall be limited to 30 days per calendar year.

(b) Retail nursery stock sales shall be allowed only during daylight hours, with specific hours of operation specified in the temporary use permit.

(d) A minimum of 30-foot setback shall be maintained from property used or zoned for residential purposes.

(e) The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.

(f) All sales on the property shall be limited to stock grown on-site.

(g) The retail nursery stock sales associated with wholesale nurseries shall comply with § 151.112(W).

(3) Christmas tree sales.

(a) Christmas tree sales may be allowed by temporary use permit in all zoning districts for a period not to exceed 45 days per calendar year. Christmas tree sales shall be allowed in residential zoning districts only when located on the site of a permitted nonresidential use. If the principal use of the property is a Christmas tree farm on a property containing a minimum of 200,000 square feet or is a retail greenhouse/nursery or garden center, no temporary use permit shall be required.

(b) All sales shall be conducted at least 30 feet from the right-of-way of any street.

(d) The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.

(e) Sales shall be conducted in such a manner so as not to interfere with traffic or cause a nuisance.

(f) The access drive to the site shall be located at least 150 feet from the right-of-way of any public road intersection or other major access drive unless there is an existing access within 150 feet of the intersection and the highway authority having jurisdiction grants approval to use the existing access.

(4) Garage sales.

(a) Garage sales shall be allowed in all zoning districts without a permit, provided that no more than two garage sales shall be conducted on a zoning lot in any calendar year.

(b) No garage sale shall be conducted for longer than three consecutive days duration.

(d) No more than two signs may be used to advertise a permitted garage sale event. The sign shall not exceed four square feet in area and must be located within the boundaries of the zoning lot on which the sale takes place or on other private property, with the consent of the owner.

(5) Food sales.

(a) Temporary food stands may be allowed by temporary use permit in the General Commercial (GC) Zoning District for a period not to exceed six months per calendar year.

(b) Temporary food stands shall be allowed only during daylight hours, with specific hours of operation specified in the temporary use permit.

(d) A minimum 30-foot setback shall be maintained from adjoining property used or zoned for residential purposes.

(e) The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any other use on the subject property.

(f) Sales shall be conducted so as not to interfere with traffic or cause a nuisance.

(g) The access drive shall be located at least 150 feet from the right-of-way of any public road intersection or other major access drive unless there is an existing access within 150 feet of the intersection and the highway authority having jurisdiction grants approval to use the existing access.

(6) Farmers’ markets.

(a) Farmers' markets , defined as an area for farmers and gardeners to sell agricultural produce and products to the public, may be allowed by temporary use permit in all zoning districts for a maximum of 24 days per calendar year. In residential zoning districts, farmers’ markets shall be allowed only when located on parcels with a permitted nonresidential use having a minimum area of 80,000 square feet and a minimum road frontage of 190 feet.

(b) Sales may be conducted from trucks, open booths, or temporary structures. At least 75% of the vendors must sell products obtained from local food production or a cottage food operation.

(c) Farmers’ markets shall be allowed only during daylight hours, with specific hours of operation specified in the temporary use permit.

(d) All sales booths, temporary structures, and trucks being used to sell produce and products must maintain a minimum of 30-foot setback from all property lines, streets, and public rights-of-way.

(e) The property shall be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property. There shall be no parking permitted in a right-of-way.

(f) Sales shall be conducted in such a manner so as not to interfere with traffic or cause a nuisance.

(g) The access drive to the site shall be located at least 150 feet from the right-of-way of any public road intersection or other major access drive unless there is an existing access point within 150 feet of the intersection and the highway authority having jurisdiction grants approval to use the existing access.

(h) The operator and/or vendors must operate in compliance with all applicable state and federal laws and obtain all permits and registrations as required by Lake County and State of Illinois Health Departments prior to issuance of a temporary use permit.

COMMENTARY:

Either a “temporary food service permit” or a “seasonal food service permit” must be obtained from the Lake County Health Department prior to issuance of a temporary use permit.

(P) Temporary shelter. When fire or natural disaster has rendered a residence unfit for human habitation, the temporary use of a single mobile home or recreational vehicle located on the parcel during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations.

(1) Required water and sanitary facilities must be provided.

(2) The maximum length of a permit shall be six months, but the Planning, Building and Development Director may extend the permit for a period or periods not to exceed 60 days provided reasonable construction progress has been made and the construction is being diligently pursued. Application for the extension shall be made at least 15 days prior to expiration of the original permit.

(3) The mobile home or recreational vehicle shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence. The applicant shall be required to provide express consent and authorization to the county to remove the shelter at the owner’s expense upon termination of the permit, if the applicant has not done so voluntarily.

(Q) Temporary structures for farm housing. Temporary structures for farm housing that are associated with an exempt agricultural use shall be subject to the following standards.

(1) A temporary use permit shall be required.

(2) Lake County Health Department approval shall be required.

(3) All structures used for temporary farm housing shall be subject to the (principal structure) setback standards of the underlying zoning district.

(4) There shall be no limit on the number of structures allowed.

(R) Temporary structures for classrooms. The Planning, Building and Development Director shall be authorized to approve the use of temporary structures for portable classrooms, when the Planning, Building and Development Director determines that the structures are necessary to accommodate uses and activities of immediate necessity within the county.

(S) Temporary structures during construction.

(1) Upon application of a building permit for a nonresidential principal structure, the Planning, Building and Development Director shall be authorized to issue a temporary use permit for temporary structures to be used on-site during the period of construction.

(2) The temporary structures shall be used only in furtherance of the purpose for which the principal structure is being constructed and may remain on the site only for the life of the building permit or a maximum of two years, whichever is less.

(T) Temporary structures for scientific research and testing. The Planning, Building and Development Director shall be authorized to approve the use of temporary structures for scientific research and testing and ancillary to an existing permitted principal manufacturing and production use on the subject property, provided that the structures meet all applicable density and dimensional requirements of this chapter.

(Ord., § 6.5, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - -; Ord. 15-0701, passed 7-14-2015; Ord. 19-1378, passed 9-10-2019; Ord. 22-1356, passed 10-11-2022; Ord. 24-0207, passed 3-12-2024)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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