The following are detailed standards for certain accessory uses that are permitted accessory uses in residential districts.
(A) Antennas: In residential zoning districts, the following criteria will apply to all antennas and antenna towers:
(1) There may be no more than 1 antenna tower on any residential lot.
(2) There may be no more than 2 antennas, dish or otherwise, on any residential lot.
(3) Dish antennas may be no larger than 1 meter (39.37 in.) in diameter or in the length of its longest dimension.
(4) Antennas, other than citizen band antennas, may only receive wireless signal transmissions for the sole use of the occupants of a dwelling on a residential lot.
(5) Antennas installed on a residential lot may not be visible from the street unless the signal transmission is impossible to be received or substantially degraded if located in any allowed location on the residential lot.
(6) Antennas which are mounted on a tower which total height exceeds 12 feet (as measured from the immediate surrounding grade) must comply with the following:
(a) A building permit must be applied for and issued.
(b) The applicant must submit a report from a professional electronic engineer which states that if an antenna and tower are not constructed to a height exceeding 12 feet that the signal transmission either cannot be received or will be substantially degraded. The report must further indicate the minimum height of the antenna and tower which is necessary to receive a signal transmission which is not substantially degraded.
(c) The maximum height of the antenna and tower may be no higher than the height indicated in the report required but in no case may it exceed the height of 40 feet.
(d) The antenna tower proposed to be installed must be designed to prevent children from climbing on it.
(e) No form of signage other than warning signs may be attached to any antenna or tower.
(f) A building permit for an antenna tower will automatically expire and cease to be of any force or effect if the tower is not constructed within a 12 month period following the issuance of a building permit.
(g) An antenna tower must be removed from the premises if the tower does not have a functional antenna installed upon it for 12 consecutive months or more; provided, however, that if the antenna use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the building permit, the 12 months may be extended for a period of time equal to the period that the holder of the building permit is prevented from engaging in the antenna use for which the building permit was issued.
(7) Any provision of this section which as applied is superseded by rules of the Federal Communications Commission shall be void, but the remaining divisions or portions thereof will have full force and effect.
(B) Automobile Or Motor Vehicle Repair In Residential Districts: The repair of an automobile or a motor vehicle in all residential zoning districts is subject to the following restrictions:
(1) Only "minor repairs and maintenance" may be performed which, for purposes of this section, are defined as the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil; the replacement of spark plugs or ignition points; the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines.
(2) Any other repairs on the motor vehicle or automobile must be restricted to totally enclosed spaces which are properly ventilated and only accomplished on privately registered vehicles having current State of Illinois license plates, or motor vehicles designated by the State of Illinois as qualifying for an antique, or horseless carriage designation.
(3) Only vehicles registered at the lot at which the repairs are being made may be repaired in any residential district.
(C) Commercial Vehicle Parking: The parking of commercial vehicles outdoors on any zoning lot in a residential zoning district is limited to 1 vehicle with a gross vehicle weight of less than 6,000 pounds. This requirement will not be interpreted to prohibit vehicles from loading and unloading in any residential district.
(D) Dog Runs: Dog runs are only permitted in the rear of the residential dwelling unit and may not encroach into any required yard.
(E) Home Occupations And Home Offices: The following specific standards will be used for home occupations and home offices located as accessory uses in all residential zoning districts.
(1) No person may be employed other than members of the immediate family residing on the premises.
(2) The use of the dwelling unit for the home occupation or home office must be clearly incidental and secondary to its use for residential purposes. No more than 25% of the floor area of the dwelling unit may be used in the conduct of the home occupation or home office; and no outside display, storage, or use of land is permitted. Home daycare operations are permitted to use outside space only in accordance with State of Illinois regulations.
(3) There may be no change in the outside appearance of the building, accessory structure, or premises as a result of such home occupation or office, except for the purpose of gaining compliance with local, State, or Federal rules, regulations or building codes, provided the residential character is maintained. No signs are permitted.
(4) No mechanical equipment may be used on the premises, except such that is normally used for on site domestic or household purposes. In the case of electrical interference, no equipment or process may be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage in excess of that normally associated with household use. Computer equipment which meets the aforementioned criteria and which can be purchased for use in the home will be considered as "normally associated with household use".
(5) No commodity or good not produced on the premises may be sold on the premises nor displayed on the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. This does not preclude taking orders for sales or provision of services off site.
(6) A home occupation may include, but not be limited to, the following:
(a) Domestic crafts such as seamstress, sewing, tailoring, weaving and washing and ironing so long as such activities do not involve visitations to the residence by any persons other than members of the immediate family residing on the premises.
(b) Private tutoring and instruction (limited to 3 pupils at any one time).
(c) Home offices, the use of which do not involve visitation to the residence by any persons other than members of the immediate family residing on the premises.
(d) Home daycare operations as defined in, and in accordance with the requirements of, section 2.18 of the Child Care Act of 1969.
(7) The following uses are not permitted as a home occupation: retail or wholesale shops, tearooms, restaurants, tourist homes, bed and breakfast establishments, auto repair and tune up, home offices the use of which involve visitation to the residence by any persons other than members of the immediate family residing on the premises, medical offices, clinics, physicians, dentists and offices of the like, welding shops, animal hospitals, kennels, veterinary clinics, catering or other food preparation businesses, funeral parlors and undertaking establishments, antique shops, rooming houses, dancing schools, sale of firearms and ammunition, barbershops and beauty parlors. Notwithstanding the prohibition on the operation of a food preparation business as a home occupation, a “home kitchen operation” and a “cottage food operation” (as those terms are defined by the Food Handling Regulation Enforcement Act, 410 ILCS 625/3.6 and 410 ILCS 625/4) are permitted as home occupations provided the operations are conducted in conformance with this Act.
(8) There may be no levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which is detectable to the normal senses outside the dwelling unit in excess of that normally associated with household use.
(9) No refuse in excess of the amount allowable for regular residential pick up may be generated by any home occupation.
(10) No home occupation may cause or create any nuisance; cause or create any substantial or undue adverse impact on any adjacent property or the character of the area; threaten the public health, safety or general welfare; or be noxious, offensive, or hazardous.
(11) No materials which decompose by detonation are allowed in conjunction with a home occupation.
(12) No home occupation will be permitted which generates sewerage or water use in excess of what is typical for a residential dwelling unit.
(F) Recreational Vehicle Parking: See parking regulations of this chapter for regulations regarding the parking of recreational vehicles in the Village of Lindenhurst.
(G) Residential Rental Complex Offices: 1 rental office may be allowed within a residential rental complex. The office may be the rental manager's dwelling. Rental complex offices are subject to the following restrictions:
(1) All rental complex offices may open no earlier than 8:00 a.m. and must close prior to 9:00 p.m. during the spring, summer, and fall seasons, and must close prior to 8:00 p.m. during the winter season. No rental complex office may be open on Sunday before 12:00 noon.
(2) All exterior lighting must meet the requirements set forth in § 159-7.800 of this chapter for the zoning district in which the rental office is located. All off-street parking areas must be illuminated. All exterior lighting associated with the rental office must be extinguished at the closing time of the rental complex office.
(3) All rental complex offices must provide off street paved parking for the public. An area contiguous to the structure within which the rental complex office is located must be utilized for the off street, paved parking lot for public use. The number of required off street parking spaces are 6 per rental complex office. Such parking spaces are in addition to those otherwise required by § 159-7.600 of this chapter.
(4) Trash receptacles shall be provided around the rental complex office for use by the public.
(H) Swimming Pools, Spas And Hot Tubs (Private): The following requirements must be met for swimming pools, spas and hot tubs located in residential districts.
(1) Enclosure And Fencing.
(a) All provisions of the Village's adopted Building Code must be met by private swimming pools, spas and hot tubs.
(b) Private swimming pools, spas and hot tubs must be enclosed with an enclosure and/or fence having dimensions as defined in the Village's Building Code. However, an enclosure or fence is not required for a spa or hot tub which has a solid locking safety cover fastened to it.
(2) Location And Placement.
(a) A private pool, spa or hot tub may not occupy required front or side yards.
(b) For double frontage lots, pools, spas or hot tubs and their surrounding decking may be permitted within the front yard which functions as a rear yard, provided that the pool, spa or hot tub is screened from the rear street by a fence, wall or hedge.
(c) No wall or edge of a swimming pool, spa or hot tub may be located less than 6 feet from any rear or side property line.
(d) No swimming pool, spa or hot tub may be located within a horizontal distance of 10 feet from any overhead utility or aboveground electrical wiring or 5 feet from any underground utility or electrical wiring.
(e) No swimming pool, spa or hot tub may be placed in any easements.
(f) No swimming pool may be placed closer to any foundation wall of any principal building or principal structure than the depth of said foundation wall and footing. A spa or hot tub may be placed up to and adjacent to any principal building or principal structure. Placement of swimming pools, spas or hot tubs is subject to the following:
1. That if a swimming pool, spa or hot tub is to be installed on a deck, the Village Building Department may require a sealed certificate from a licensed architect or engineer certifying that the deck will be able to support it.
2. That the placement does not create a hazardous glazing condition as defined in the Village's adopted Building Code.
3. That all other applicable provisions of the Village's Building Code are met.
(I) Trash Dumpsters And Garbage Receptacles (Trash And Garbage Storage): The following requirements must be met for trash dumpsters and garbage receptacles located in multiple-family residential districts when permitted by the Village.
(1) All new multiple-family residential buildings and uses, except for single-family and 2-family dwellings, must provide facilities for the storage of solid waste within the parcel or lot. The location of these facilities must be approved by the Village. Multiple locations may be required.
(2) All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property must be closed containers with lids and must be concealed or suitably screened from public view. Sightproof fencing (wood or masonry) and landscaping must be used to totally obstruct vision into the storage areas. Where such facilities are provided outside of a building, they must be screened from public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.
(3) Fencing and landscaping for storage areas must be maintained in good condition and kept litter free. All garbage cans, trash containers, and other garbage storage devices must be emptied and the contents thereof properly disposed of not less than once every 7 days.
(4) No portion of the lot may be used for open or unenclosed storage of trash or waste of any kind.
(5) No trash dumpster or other trash or waste receptacle will be permitted in any off street parking space or drive.
(6) All trash dumpsters and garbage receptacles must be placed upon a concrete slab which has a thickness of not less than 5 inches.
(7) All trash dumpster and garbage receptacle areas must be of an adequate size to accommodate the storage of materials to be recycled (recyclable materials). The minimum amount of exterior storage area to accommodate the storage of materials to be recycled allocated per dwelling unit will be calculated as follows:
(Number of efficiency dwelling units x 7 gallons) +
(Number of 1 bedroom dwelling units x 7 gallons) +
(Number of 2 bedroom dwelling units x 8 gallons) +
(Number of 3 or more bedroom dwelling units x 9 gallons) =
Total minimum amount of exterior storage area required to accommodate the storage of materials to be recycled
(8) A building permit is required for the construction of any garbage, trash, waste, or dumpster enclosure.
(Ord. 17-2-2065, passed 2-27-2017; amd. Ord. 21-1-2184, passed 1-25-2021)