§ 159-6.103 DETAILED STANDARDS FOR ACCESSORY USES IN NONRESIDENTIAL DISTRICTS.
   (A)   Canopies As Accessory Uses: The canopies provided over the pump islands at gas stations, convenience stores with gas pumps, automobile and motor vehicle service stations, drive-in and drive-through facilities associated with financial institutions, restaurants, cleaners, and similar uses, must meet the yard requirements of a principal structure. In addition:
      (1)   The canopy may not block visibility at intersections of rights-of-way or drives.
      (2)   All pump islands, their surrounding structures, and the canopy overhang must meet the zoning district's front yard requirement.
      (3)   All canopies will be counted towards the maximum permitted gross floor area ratio (GFAR) and maximum net floor area ratio (NFAR) of the nonresidential zoning district in which the canopy is to be constructed.
      (4)   Under no circumstances may the canopy be higher than 25 feet.
      (5)   No signs will be permitted on canopy roofs or fascia except that canopies over pump islands at gas stations or convenience stores with gas pumps may have signage.
   (B)   Mechanical Penthouses And Mechanical Accessory Structures: Where mechanical penthouses and mechanical accessory structures are installed, they shall be designed to blend into the building's architecture and may not cause the building's total height to exceed the maximum height allowed as required under the zoning district dimensional requirements set forth in §§ 159-4.104 and 159-5.104 of this chapter. A penthouse will not be counted as a story, provided that:
      (1)   The penthouse is less than 10 feet in height.
      (2)   The penthouse floor area covers less than 25% of the roof area.
      (3)   In the event that a mechanical accessory structure is supplied, it shall be fully screened from view by a combination of berms and evergreens, subject to Village approval.
   (C)   Open Storage: Open storage areas must be screened from view of any street, and from the view from all residential zoning districts as follows:
      (1)   When an open storage area abuts a collector or arterial street, the method of screening must consist of solid masonry walls or solid wooden fences at least 6 feet in height, with access only through solid gates which shall be closed except when said storage area is in use. An existing permanent structure may be used to screen such storage areas.
      (2)   When an open storage area abuts a residential zoning district, the method of screening must consist of solid wooden fences or masonry walls at least 6 feet in height along the boundary of the storage areas and the entire residential district.
   (D)   Trash Dumpsters And Garbage Receptacles: The following requirements must be met for trash dumpsters and garbage receptacles located in nonresidential districts.
      (1)   All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids and shall be concealed or suitably screened from public view. Masonry sightproof fencing and landscaping shall be used to totally obstruct vision into the storage areas. Where such facilities are provided outside of a building, they shall be screened from public rights-of-way and adjacent property by a masonry enclosure or materials complementary to and compatible with the materials on the front building wall of the main building.
      (2)   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.
      (3)   No portion of the lot may be used for open or unenclosed storage of trash or waste of any kind.
      (4)   No trash dumpster or other trash or waste receptacle will be permitted in any off street parking space or drive.
      (5)   All trash dumpsters and garbage receptacles must be placed upon a concrete slab which has a thickness of not less than 5 inches.
      (6)   All trash dumpster and garbage receptacle areas must be of an adequate size to accommodate the storage of materials to be recycled (recyclable materials).
      (7)   A building permit is required for the construction of any garbage, trash, waste, or dumpster enclosure.
   (E)   Charity Donation Boxes As Accessory Uses: Charity donation boxes may be permitted on property owned by the Village in the Institutional District only, in the Village's sole discretion, subject to a license agreement between the Village and the charitable organization setting forth the terms of the license, including among other provisions, the duration of the licensed use, restrictions on the location and size of the donation box, and the organization's operational and maintenance obligations.
   (F)   Outdoor Sales And Display: Outdoor sales and display is permitted as an accessory use (except in the CBR-2 District, where such use is prohibited), subject to the following regulations:
      (1)   Outdoor sales and display includes propane exchange units, ice machines, and other self-contained units intended for the display and sale of goods, as well as trees, shrubs, flowers, and other plant materials. Outdoor sales and display does not include construction or bulk materials, prepackaged containers such as mulch, sand, salt, rocks, or similar materials that are subject to the "outdoor storage" regulations of division (G) of this section.
      (2)   The outdoor sales and display shall not exceed 8 feet in height, 6 feet in width, and 3 feet in depth.
      (3)   The outdoor sales and display shall be maintained in sound condition at all times and all debris and trash shall be removed from the area surrounding the display.
      (4)   The outdoor sales and display shall comply with local Fire Code requirements, including the provision of adequate clearance for pedestrian and vehicular traffic.
      (5)   Any signage installed on the outdoor sales and display must comply with the Village's sign regulations.
      (6)   The outdoor sales and display shall be considered an accessory use to the principal building.
      (7)   The outdoor sales and display must be located entirely on private property.
      (8)   The outdoor sales and display must comply with any other requirements or conditions as determined by the Village Administrator, including provision of evidence of satisfactory liability insurance.
      (9)   In the event of a violation of any of the above requirements or conditions, an owner may be required to remove the outdoor sales and display and restore the property to the condition existing prior to installation of the display.
   (G)   Outdoor Storage: A temporary use permit is required for the outdoor storage of prepackaged or bulk materials such as construction materials, prepackaged containers of mulch, sand, salt, rocks, firewood, and similar materials as an accessory use in the CB District, subject to the following regulations:
      (1)   The temporary use permit is valid for a period not to exceed 120 days in any calendar year, unless otherwise approved in an annexation or development agreement, special use permit, or planned unit development.
      (2)   The temporary use permit may include conditions, as determined by the Village Administrator. Violation of any condition to the temporary use permit or any law or ordinance may result in revocation of the permit.
(Ord. 17-2-2065, passed 2-27-2017; amd. Ord. 21-1-2180, passed 1-11-2021)