SECTION 6-302. ACCESSORY STRUCTURES AND USES.

A. General Requirements. No land or structure shall be used, developed, or occupied unless all accessory uses and structures conform to all applicable requirements of these regulations. The remaining subsections of this Section establish additional requirements and restrictions for particular accessory uses and structures. Any accessory use or structure shall be required to obtain the same type of approval under Article 5 of these regulations as the principal use would have to obtain. Any accessory use or structure may be approved in conjunction with approval of the principal use. No accessory use or structure shall be approved, established, or constructed before the principal use is approved in accordance with these regulations.

B. Accessory Dwellings. An accessory dwelling shall be permitted in any residential district in accordance with the requirements that follow. Except as provided for in Subsection 7, below, all accessory dwellings shall be located within the primary dwelling.

1. The principal use of the lot shall be a detached dwelling.

2. No more than one (1) accessory dwelling shall be located on a lot.

3. The accessory dwelling shall be owned by the same person as the principal dwelling.

4. The accessory dwelling shall not be served by a driveway that is separate from the driveway that serves the principal dwelling.

5. The accessory dwelling shall have a floor area no greater than fifty (50) percent of the floor area of the principal dwelling.

6. If the entrance to the accessory dwelling is separate from the entrance to the principal dwelling, then that entrance shall not face any street on which the lot fronts. (Ord. 2462 – 10/18/93)

7. If the dwelling will be in a separate accessory structure, then that structure shall also serve as a garage for residents of the principal dwelling.

C. Permitted Accessory Structures and Uses. The following tables summarize the permitted accessory structures. Please refer to the text following the tables for further details:

Table 6-302.C.1(A) – Attached Accessory Structures

Note: Table 6-302.C.1(A) is available in printer-friendly PDF format, click HERE

Permitted Structures
P = Permitted
PC = Permitted with Conditions
NP = Not permitted

Residential Zoning Districts

Mixed Use Zoning Districts

Non-Residential Zoning Districts

Setbacks Permitted
F = Front
S = Side
R = Rear
* = specific limits

Specific Standards
See Section:

E-1

R-1

R-2 & R-2A

R-3 & R-3A

R-4

LSPD

OOH

COR

ORI

VCD

RSB

BIZ

MFG

OS

Air Conditioning

P

R

6-302 .C.1

Awnings, Marquees, and Canopies

P

F*, S*, R*

6-302.C.3

Balconies

P

F*, S*, R*

6-302.C.4

Bay Windows

P

F*, S*, R*

6-302.C.6

Chimneys

P

S*, R

6-302.C.7

Decks

P

F*, S*, R*

6-302.C.8
6-302.C.43

Eaves and Gutters

P

F*, S*, R*

6-302.C.9

Fire Escapes

P

F*, S*, R

6-302.C.11

Garages

6-302.C.13

Green Roof/Eco-Roof

P

N/A

6-302.H.1.c

Ornamental Lights

PC

F, S, R

6-302.C.22

Outdoor Seating Areas

NP

PC

NP

PC

NP

F, S, R

6-302.I

Patios

P

F*, S*, R*

6-302.C.25

Porches

P

NP

P

R*

6-302.C.29

Satellite Dishes

P

NP

P

R

6-311

Sills, Belt Courses, Cornices, and other Ornamental Features of the Principal Structure

P

F*, S*, R*

6-302.C.35

Steps (open)

P

F, S, R

6-302.C.37

Television and Radio Antennae

P

R

6-302.C.40

Tensile Canopies

NP

PC

NP

PC

NP

PC

NP

PC

NP

F*, S*, R*

6-302.C.42

Terraces

P

F*, S*, R*

6-302.C.43

(Amd. Ord. 5476 - 1/20/20; Amd. Ord. 5564 - 12/21/20)

Table 6-302.C.1(B) – Detached Accessory Structures

Note: Table 6-302.C.1(B) is available in printer-friendly PDF format, click HERE

Permitted Structures

P = Permitted

PC = Permitted with Conditions

NP = Not permitted

Residential Zoning Districts

Mixed Use Zoning Districts

Non-Residential

Zoning Districts

Setbacks Permitted

F = Front

S = Side

R = Rear

* = specific limits

Specific Standards

See Section:

E-1

R-1

R-2 & R-2A

R-3 & R-3A

R-4

LSPD

OOH

COR

ORI

VCD

RSB

BIZ

MFG

OS

Arbors, Pergolas and Trellises

PC

S*, R*

6-302.C.2

Basketball Poles and Hoops

PC

NP

PC

NP

PC

F, S, R

6-302.C.5

Fences

PC

F*, S*, R*

6-310

Flagpoles

PC

F*, S*, R*

6-302.C.12

Garages

6-302.C.13

Garbage Containers, Dumpsters and Enclosures

PC

S, R

6-302.C.14

6-302.D

6-302.C.8

Geothermal Energy Systems

PC

F, S, R

6-314

Green Roof/Eco-Roof

P

N/A

6-302.H.1.c

Ice Skating Rinks

P

NP

P

NP

P

R*

6-302.C.17

Lawn Furniture

P

F, S, R

6-302.C.18

Lawn Sprinklers

P

F, R

6-302.C.19

Laundry Drying Equipment

P

NP

P

NP

P

S*, R*

6-302.C.20

Mailboxes

PC

F, S

6-302.C.21

Outdoor Fireplaces

P

NP

P

NP

P

R*

6-302.C.23

Outdoor Seating Areas

NP

PC

NP

PC

NP

F, S, R

6-302.L

Outside Storage

PC

F*, S*, R*

6-302.I

Parking Lots

PC

F*, S*, R*

6-302.C.24

6-306

Table 6-302.C.1(B) – Detached Accessory Structures Continued.

Permitted Structures

P = Permitted

PC = Permitted with Conditions

NP = Not permitted

Residential Zoning Districts

Mixed Use Zoning Districts

Non-Residential

Zoning Districts

Setbacks Permitted

F = Front

S = Side

R = Rear

* = specific limits

Specific Standards

See Section:

E-1

R-1

R-2 & R-2A

R-3 & R-3A

R-4

LSPD

OOH

COR

ORI

VCD

RSB

BIZ

MFG

OS

Pet Shelters

P

NP

P

NP

P

R

6-302.C.26

6-302.E

Playgrounds

P

NP

P

S*, R*

6-302.C.27

Playhouses, Treehouses, Gazebos and Open-Sided Summer Houses

P

NP

P

NP

P

S*, R*

6-302.C.28

Rain Barrels and Rain Gardens

PC

S*, R*

6-302.H.1.h

Retaining Walls

PC

F*, S*, R*

6-302.C.31

Sheds and Storage Buildings

PC

R*

6-302.C.33

Signs

PC

F, S, R

6-302.C.34

6-307

Solar Energy Systems

PC

F*, S*, R*

6-302.C.36

6-314

Sport Courts

PC

NP

PC

NP

PC

R*

6-302.C.41

Stadia and Auditoria (accessory to schools only)

PC

F*, S*, R*

6-302.F

Storm Water Cistern

PC

S*, R*

6-302.H.1.j

Swimming Pools

PC

NP

PC

NP

PC

R*

6-302.C.39

6-310.1

Vending Machines

NP

PC

NP

PC

NP

F*, S*, R*

6-302.C.45

Wind Energy Conversion Systems

PC

F*, S*, R*

6-302.C.46

6-314

(Amd. Ord. 5564 - 12/21/20; Amd. Ord. 5822 - 7/17/23)

The following accessory structures and uses are permitted and may be located in setbacks subject to the following restrictions:

1. Air Conditioning: May project into all rear setbacks and may project into side yard only if it is not a required setback.

2. Arbors, Pergolas and Trellises: Are not allowed in front setback between building and property line and shall be five (5) feet from the property line. Arbors and trellises shall not exceed eight (8) feet in height; pergolas shall not exceed ten (10) feet in height. (Ord. 5167 – 2/20/17)

3. Awnings, Marquees, and Canopies: May project not more than three (3) feet into front (including approved existing front setbacks which are less than the required front setback), side and rear setbacks. (Ord. 3281 – 8/16/99)

4. Balconies: May project not more than three (3) feet into a front (including approved existing front setbacks which are less than the required front setbacks), side or rear setback. (Ord. 3281 – 8/16/99)

5. Basketball Poles and Hoops: May be permitted on driveways in front, side and rear setbacks of all zoning districts except the BIZ General Business District and Village Center District. No lights shall be permitted accessory to the poles or hoops. (Ord. 2462 – 10/18/93)

6. Bay Windows: May project not more than three (3) feet into a front (including approved existing front setbacks which are less than the required front setbacks), side or rear setback. (Ord. 3281 – 8/16/99)

7. Chimneys: Attached chimneys and foundations for attached chimneys may project not more than twenty-four (24) inches into a side setback, and may be permitted in rear setbacks.

8. Decks: See Terraces. (Ord. 4373 – 6/2/08)

9. Eaves and Gutters: On principal buildings or attached accessory buildings may project not more than four (4) feet into a front (including approved existing front setbacks which are less than the required front setbacks) and rear setback, and not more than twenty-four (24) inches into a side setback. (Ord. 3281 – 8/16/99)

10. Fences: May be permitted in front, side and rear setbacks, in accordance with the provisions of Section 6-310.

11. Fire Escapes: Open or enclosed, may be permitted in rear setbacks, and may project into a required front setback or side setback adjoining a street not more than five (5) feet, and into a required interior side setback not more than three and one-half (3-1/2) feet.

12. Flagpoles and Flags: Flags may be erected and maintained only in accordance with the following:

a. General Requirements.

1. Flags shall be of a permanent nature and displayed on flagpoles designed and constructed specifically and exclusively for flag display. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects.

2. Flagpoles shall be permitted in the front, side, or rear setbacks.

3. Flagpoles shall maintain a minimum setback of ten (10) feet from any property line.

4. Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any structure when fully extended.

5. Flags shall not be roof-mounted.

6. Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced.

7. Federal, state, and local government agencies are exempt from the provisions of this Section.

8. Flags may be externally illuminated in accordance with the requirements listed in Section 6-315 (Exterior Lighting) and Section 6-307 (Signs). Lighting shall be shielded and directed away from public rights-of-way and adjacent properties.

9. For all lots, a maximum of four (4) wall-mounted flags shall be permitted. Wall-mounted flag poles shall not exceed ten (10) feet in length, and such poles shall not extend above the roofline.

b. Approval Process. All new freestanding, ground-based flagpoles shall be reviewed and approved administratively via an appearance review by the Development Services Department in accordance with Section 5-106 (Appearance Review) or by approval of Elevations in accordance with Section 5-101 (Development Review Procedures). A building permit shall be obtained through the Development Services Department prior to the installation or construction of any freestanding, ground-based flagpole.

c. Residential Lots. A maximum of one (1) freestanding, ground-based flagpole shall be permitted per residential lot. The height of the flagpole shall not exceed twenty (20) feet. The gross surface area of a flag shall not exceed twenty-four (24) square feet in size.

d. Non-Residential Lots. A maximum of three (3) freestanding, ground-based flagpoles shall be permitted per non-residential lot. The height of the flagpole shall not exceed thirty-five (35) feet. The gross surface area of a flag shall not exceed sixty (60) square square feet in size. (Amd. Ord. 5564 - 12/21/20)

13. Garages:

a. In the E-1 Estate Residential District detached and attached garages are both allowed on the same property. In the R-1, R-2, R-2A, R-3, R-3A Residential Districts and the OOH Historic District either an attached garage or a detached garage is allowed, but not both on the same property when under 21,780 square feet. In the OOH Historic District, the attached garage may front-load to the right-of-way if it is at least 25 feet behind the street- facing façade. (Ord. 4373 – 6/2/08)

b. Attached garages shall not exceed 50% of first floor gross area of the entire building including the garage, with the maximum size of the garage not to exceed 1,500 square feet. (Ord. 5167 – 2/20/17)

c. Detached garages may be permitted in rear and side setbacks within five (5) feet of the lot lines subject to staying outside of existing easements. (Ord. 4373 – 6/2/08)

d. Detached garages on single family lots in the R-2, R-3 and R-4 Districts may not exceed 720 square feet in size. Detached garages may be no higher than thirteen (13) feet to the mean height or sixteen (16) feet to the mean height in Old Orland Historic District, unless a second story is added over the garage, or it is to be used as an accessory dwelling (see Section 6-302.B) or as additional space for uses such as personal office, weight room, hobby space etc. subject to Section 6-303. In no case may it be higher than two stories or 17 feet to the mean height. (Ord. 2959 – 11/18/96; Amd. Ord. 3672 – 8/5/02; Amd. Ord. 3837 – 12/1/03; Amd. Ord. 4015 – 5/2/05; Amd. Ord. 4125 – 4/17/06; Amd. Ord. 4210 – 12/18/06; Amd. Ord. 4373 – 6/2/08; Amd. Ord, 4574 – 7/6/10; Amd. Ord. 4996 – 6/15/15)

e. In the E-1 District, one attached and one detached garage no larger than 1,000 square feet each is allowed per dwelling unit. In the R-1 Districts, one attached or detached garage no larger than 800 square feet is allowed per dwelling unit. Detached garages may be no higher than thirteen (13) feet to the mean height. (Ord. 2462 – 10/18/93; Amd. Ord. 4015 – 5/2/05; Amd. Ord. 4210 – 12/18/06; Amd. Ord. 4373 – 6/2/08; Amd. Ord. 4996 – 6/15/15)

f. In any subdivision or development located in a Residential District, which subdivision or development was finally approved by the corporate authorities of the Village subsequent to January 1, 2000, and for which subdivision or development building permits had been issued on or before March 19, 2008, attached garages are permitted to encroach into the front setback, but outside of any existing easement, by no more than five (5) feet. (Ord. 4926 – 9/15/14)

14. Garbage Containers, Dumpsters and Enclosures: May not be stored in residential front setbacks. Also, see Section 6-302.D. (Ord. 3199 – 11/16/98; Amd. Ord. 4574 – 7/6/10)

15. Geothermal Energy Systems: See Section 6-314 Environmental Technology Standards. (Ord. 4574 – 7/6/10)

16. Green Roof/ Eco-Roof: See Section 6-302.H.1.c. (Ord. 4574 – 7/6/10)

17. Ice Skating Rinks: May be permitted in rear setbacks in all districts except the BIZ General Business District, Village Center District and the (8/02) MFG Manufacturing District, and must be at least ten (10) feet from the side and rear lot line. (Ord. 4574 – 7/6/10)

18. Lawn Furniture: Including benches, sun dials, bird baths, statues and similar architectural features may be permitted in rear, side and front setbacks.

19. Lawn Sprinklers: Lawn sprinklers and irrigation systems are allowed in the front and rear yards. Lawn sprinkler heads may be permitted in public parkways (at the risk of the private property owner) but must be either installed along the sidewalk’s edge when available or setback a minimum of three (3) feet from the curb of the street. Private property owners with sprinklers installed in the public right-of-way are responsible for any damage incurred by any public work maintaining right-of-way infrastructure (i.e. snow plowing, water/sewer maintenance etc.). (Ord. 4926 – 9/15/14)

20. Laundry Drying Equipment: May be permitted in side and rear setbacks in all districts except the BIZ General Business District, Village Center District and the MFG Manufacturing District, so long as they are located at least five (5) feet within the lot lines and do not obstruct storm water flow. (Ord. 2746 – 6/5/95)

21. Mailboxes: May be permitted in any front and side setbacks. Mailboxes damaged beyond repair by Village personnel or their agents in the performance of their duty shall be replaced by a standard 4 x 4 wood post and support and a standard metal type mailbox, model type 1C. Structures shall be no greater than 54" in height, 34" in width (parallel to the street), or 24" in depth. No mailbox structure base can be closer than 12" to the back of curb for the first 36" above grade. No mailbox or mailbox structure shall be permitted to contain any electrical or plumbing. Mailboxes shall be used only for the purposes of mail delivery. The bottom of the mailbox shall be 40" - 44" above the grade. The front of the mailbox shall be even with the back of curb. (Ord. 3242 – 4/19/99 & Ord. 3281 – 8/16/99)

22. Ornamental Lights: May be permitted in front, side, and rear setbacks subject to lighting standards provided in Section 6-407.1. (Amd. Ord. 5167 – 2/20/17)

23. Outdoor Fireplaces: May be permitted in rear setbacks at least five (5) feet from the lot line in all districts except the BIZ General Business District, Village Center District and except as otherwise permitted for outdoor eating areas in commercial districts. (Ord. 2462 – 10/18/93)

24. Parking Lots: May be permitted only as accessory uses and structures to a principal structure. Accessory parking lots shall be either pervious or impervious but shall not be made of gravel, dirt or other aggregate/loose material. They shall be asphalt, concrete, paver or similarly firm material and comply with the landscaping, parking and lot coverage regulations of this Code accordingly. (Ord. 4996 – 6/15/15)

25. Patios: See Terraces. (Ord. 4373 – 6/2/08)

26. Pet Shelters: May be permitted in rear setbacks of all districts except the BIZ General Business District and Village Center District, See Section 6-302.E. (Ord. 2462 – 10/18/93)

27. Playgrounds: May be permitted in side and rear setbacks in all districts except the MFG Manufacturing District, so long as they are located at least five (5) feet within the lot lines and do not obstruct storm water flow. (Ord. 2756 – 6/5/95)

28. Playhouses, Treehouses, Gazebos and Open-Sided Summer Houses: May be permitted in side and rear setbacks in all districts except the BIZ General Business District, Village Center District and the MFG Manufacturing District, so long as they are located at least five (5) feet within the lot lines and do not obstruct storm water flow. (Ord. 2462 – 10/18/93)

29. Porches: See Terraces. (Ord. 4373 – 6/2/08)

30. Rain Barrels and Rain Gardens: See Section 6-302.H.1.h. (Ord. 4574 – 7/6/10)

31. Retaining Walls: May be permitted in front, side, and rear setbacks, so long as the wall does not encroach into any existing easement and does not obstruct storm water flow. Retaining walls shall be limited to a maximum three (3) feet in height. Any retaining wall in a side yard associated with a side loading garage or driveway cannot exceed two (2) feet in height. When the consequence of grading land results in the necessity for a total retaining wall height greater than three (3) feet, the retaining wall must be tiered and each wall on the tiered retaining wall system shall be limited to three (3) feet in height. The formula for determining the tiered wall setback shall be two (2) times the lower wall height. A structural permit is required if the retaining wall system exceeds three (3) feet (triggering the need for a second wall or more) in total height. (Ord. 3672 – 8/5/02; Amd. Ord. 4373 – 6/2/08; Amd. Ord. 4738 – 6/18/12; Amd. Ord. 5653 - 11/1/21)

32. Satellite Dishes: May be permitted in rear setbacks. See Section 6-311 for further requirements on satellite dishes. (Ord. 2462 – 10/18/93)

33. Sheds and Storage Buildings: May be permitted in rear setbacks so long as they are:

a. Limited to one (1) per lot and not exceeding two hundred (200) square feet. Sheds and storage buildings exceeding (100) square feet for non-residential uses must be constructed with primary material that match the principal structure; (Ord. 2462 – 10/18/93)

b. Located off outside of any easements, at least not less than five (5) feet from the lot lines and does not obstruct storm water flow; and no closer than ten (10) feet to the principal building; and (Amd. Ord. 5653 - 11/1/21)

c. Do not exceed fifteen (15) feet in height to the highest point of the roof. The height of a shed shall not exceed the height of the top of the roof of the principal structure of the parcel on which it is located.

(Amd. Ord. 5312 – 7/16/18)

34. Signs: May be permitted in front, side and rear setbacks, as provided in Section 6-307.

35. Sills, Belt Courses, Cornices and Other Ornamental Features of the Principal Structure: May be permitted in front, side, and rear setbacks, so long as they do not project more than eighteen (18) inches into a setback.

36. Solar Energy Systems: See Section 6-314 Environmental Technology Standards. (Ord. 4574 – 7/6/10)

37. Steps, open: May be permitted in front, side, and rear setbacks.

38. Storm Water Cistern: See Section 6-302.H.1.j. (Ord. 4574 – 7/6/10)

39. Swimming Pools: See Section 6-310.1 Swimming Pools. Above-ground pools may be permitted in rear setbacks. In-ground pools may be permitted in either the side or rear setbacks. On corner lots, additional screening requirements are applicable when the pool is located in the side or rear yard that directly abuts a public right-of-way. Refer to Section 6-310.1 of the Land Development Code for screening requirements. Pools are not permitted within the BIZ General Business District, Village Center District and the MFG Manufacturing District. Pools must be at least ten (10) feet from the side and rear lot line. (Ord. 2462 – 10/18/93; Amd. Ord. 4574 – 7/6/10; Amd. Ord. 5653 - 11/1/21)

40. Television and Radio Antennae: May be permitted in rear setbacks and on roofs, but may be no higher than forty-five (45) feet if ground mounted or ten (10) feet higher than the peak of the roof if roof mounted.

41. Sport Courts: May be permitted in rear setbacks, not less than five (5) feet from the lot line in all districts except the BIZ General Business District, Village Center District and MFG Manufacturing District. No lights shall be permitted accessory to the court. A fence may be located at the perimeter of a court subject to the following conditions: (Ord. 2462 – 10/18/93; Amd. Ord. 3837 – 12/1/03; Amd. Ord. 5653 - 11/1/21)

a. No such fence shall exceed 10 feet in height.

b. Materials for court fences may include green vinyl coated chain link or a comparable material as may be determined appropriate by the Development Services Director. (Amd. Ord. 5167 – 2/20/17)

c. The view of court fences from adjacent properties shall be obscured by the planting of shrubbery, evergreen trees, or comparable plant materials subject to the approval of the Development Services Director. (Amd. Ord. 5167 – 2/20/17)

d. Sport courts shall not be allowed in easements and shall not adversely affect overland drainage for the subdivision/property. (Amd. Ord. 5653 - 11/1/21)

42. Tensile Canopies: Tensile Canopies shall be permitted with the following regulations:

a. The Tensile Canopy shall not extend more than fifty percent (50%) or fifteen (15) feet into the setback area, whichever is less;

b. A minimum of forty-four (44) inches of unobstructed width of the sidewalk shall be maintained from the subject curb line;

c. A minimum vertical clearance of eight (8) feet shall be maintained in all areas below the Tensile Canopy;

d. The Tensile Canopy width shall not exceed seventy-five percent (75%) of the subject building face;

e. All Tensile Canopy materials and structures shall comply with the rules and regulations set forth in Chapter 5 (Fire Code) of the Village Code of Ordinances; and

f. All Tensile Canopy materials and structures shall be removed from November 1st to May 1st of the following year. (Ord. 5167 – 2/20/17)

43. Terraces, Patios, Porches and Decks: May be permitted to project not more than five (5) feet into a front (including approved existing front setbacks which are less than the required front setbacks) setback in front of the building line, and terraces, patios, and decks may be permitted up to five (5) feet from the rear and side lot lines. Porches may be permitted to project not more than five (5) feet into a rear setback behind the building line. (Ord. 3199 – 11/16/98; Amd. Ord. 3281 – 8/16/99; Amd. Ord. 5126 – 9/19/16)

44. Underground Storm Water Cistern/Dry Well: See Section 6-302.I. (Ord. 4574 – 7/6/10; Amd. Ord. 5126 – 9/19/16)

45. Vending Machines: Permitted for non-residential uses in the VCD, BIZ, COR and ORI Districts, and must be positioned as close to the building as possible meeting the requirements of the Village Code and applicable rules and regulations. (Amd. Ord. 5476 - 1/20/20)

46. Wind Energy Conversion Systems: See Section 6-314, Environmental Technology Standards. (Amd. Ord. 5476 - 1/20/20)

(Amd. Ord. 5389 – 3/4/19)

D. Dumpsters and Trash Handling Areas. The following requirements shall apply to walls and fences surrounding dumpsters and trash handling areas accessory to any multi-family or nonresidential use:

1. Except as provided below, any dumpster, grease receptacles or trash handling areas shall be screened from view from public streets and any abutting properties by three opaque walls and an opaque gate. All dumpsters and grease receptacles shall have lids that remain closed and remain inside garbage enclosure area at all times unless in use. (Amd. Ord. 4926 – 9/15/14; Amd. Ord. 5312 – 7/16/18)

2. Except as provided in (4) (below) for industrial uses, any wall around a dumpster or trash handling area (enclosure) accessory to a new multi-family or a nonresidential use shall be constructed in a durable fashion of brick, stone, or other masonry materials with no greater than twenty-five (25) percent of the wall surface left open. The wall shall be constructed of the same building material and in the same

architectural style as the principal structure. Existing multi-family or nonresidential uses may construct enclosures using either wood or beige vinyl material as replacements to either wood or chain link existing enclosures or non-conforming trash handling areas. Existing masonry enclosures may only be replaced by other masonry enclosures. (Ord. 3199 - 11/16/98; Amd. Ord. 4015 - 5/2/05; Amd. Ord. 4926 - 9/15/14)

3. Any wall required under this Section shall have a height no greater than eight (8) feet and no less than six (6) feet. For other fence heights see Section 6-310. (Ord. 2959 - 11/18/96; Ord. 3672 - 8/5/02; Amd. Ord. 4926 - 9/15/14)

4. Any wall around a dumpster or trash handling area accessory to an industrial use shall be allowed to be constructed using walls of materials matching the primary building or wood doors with masonry support posts. (Ord. 4015 - 5/2/05)

E. Pet Shelters. Pens, runs, cages, houses or other facilities for the keeping of dogs, cats, and other small animals shall be permitted as an accessory use in any district in accordance with the following requirements:

1. Any structure for the keeping of animals, except for fences along property lines, shall be located between the principal structure and the rear lot line and shall be located no closer than ten (10) feet to any rear or side lot line. (Ord. 3672 - 8/5/02)

2. Extensions of or additions to property line fences to confine animals to a part of the property abutting the lot line shall not be permitted.

3. Any fence required under this Section shall have a height no greater than six (6) feet.

4. No such accessory use shall be operated for commercial purposes as a regular source of income.

F. Stadia and Auditoria. Stadia and auditoria that are accessory to schools are permitted, provided that:

1. The use shall be located on a lot of at least twenty (20) acres;

2. Vehicular access to the use shall not be provided by way of a local street;

3. No direct beams of light from outdoor lighting fixtures, signs or vehicles maneuvering on the site shall shine into any abutting property located in a residential district; and

4. Off-street parking areas and accessways shall be designed to allow direct public transit service to the use.

G. Automobile Rental.

1. Automobile rental shall be permitted as an accessory use where the principal use is a retail automobile dealership, a commercial retail establishment or an overnight accommodation.

2. Where the principal use is an overnight accommodation, automobile rental shall be permitted as an accessory use only in accordance with the following requirements:

a. No sign advertising the rental of automobiles shall be located outside the overnight accommodation; and

b. No more than ten (10) automobiles that are not currently leased to customers shall be parked on the same property as the overnight accommodation.

H. Storm Water Best Management Practices. (Ord. 4574 – 7/6/10)

1. Best Management Practices. The following list of best management practices serves to encourage residents and businesses to employ clean technologies for local water quality improvements and storm water management. For more information on best management practices, contact the Development Services Department and reference the most up to date Village of Orland Park Storm Water Management Technical Guidance Manual (TGM).

a. Bio-Swale. A bio-swale is a shallow drainage conveyance trench or shoulder with a gentle slope designed to slowly transport and treat run-off. A swale looks similar to a ditch, but is slightly wider and may use berms and/or check dams to promote settling and infiltration.

b. Flow-Through Planter. A flow-through planter is a structure or container placed above or below ground and filled with gravel, soil and vegetation. Run-off is temporarily stored above the soil and slowly filters down. Water that is not absorbed by the soils or plants is collected in a perforated pipe at the bottom of the planter and routed to a drain system or network of planters. These are effective for compact sites, next to building foundations or other locations where infiltration may be problematic or soils are poor-draining. Flow-through planters are permitted for all commercial sites.

c. Green Roof/ Eco-Roof. A green roof uses living plant material as part of the roofing system. Green roofs generally include a waterproof membrane, root barrier, thermal insulation, drainage system, filter layer, growing medium and living plant material. The plants, roots, and soil filters detain and absorb rainwater, slowing, cleansing and cooling the run-off. Roof gardens can be either extensive (soil depths three to four inches) or intensive (soil depths six inches or greater). Green roofs are permitted in all zoning districts.

d. Infiltration Planters. An infiltration planter is a structure or container with an open bottom that is filled with a layer of soil and vegetation. Run-off is diverted into the planter and temporarily stored above the soil before infiltrating down into existing soils. This can be employed in space-limited sites where run-off is received by a piped inlet or sheet-flow, such as parking lot islands, plazas and walkways. If the soil does not drain well or infiltration is not desired, a perforated pipe under-drain can connect to storm sewers or defined, stabilized discharge point.

Infiltration Trench. An infiltration trench is a shallow trench filled with stone, sand or rock to create a small reservoir for run-off until it infiltrates into the soil or is released slowly into a storm drain system, usually over a period of several days. Underground infiltration trenches are effective for compact sites with limited space. Trenches should be covered with stone, grass and small plants or shrubs to better incorporate into the urban landscape. Shallow, wide trenches (as opposed to narrow, deep trenches) are best for removing pollutants.

e. Native Landscaping. See Section 6-305, Landscape and Tree Preservation.” (Amd. Ord. 5061 – 1/18/16)

f. Permeable Pavers. A series of interlocking concrete pavers that contain drainage voids for passing runoff to the sub-surface, where the water is further conveyed through base materials into the ground or storm drain system. Permeable pavers can be used in parking lots, private roads, and private sidewalks where no chemicals or other hazardous materials are used. In areas where soils do not drain freely, permeable pavement can be used in combination with sub-surface storm drain systems.

g. Porous Pavement. Porous pavement is a mixed and placed hard surface that allows water to infiltrate across the entire area. The pavement is made without fine sand or small aggregate to create void spaces that allow rain and snow melt to pass through to a bed of open-graded aggregate beneath the pervious pavement. Storm water is then stored until it infiltrates into the underlying soils. Permeable paving should not be used in areas with the potential for high pollutant loads or high traffic/ high speed because its load-bearing capacity is typically less than conventional pavement.

h. Rain Barrels. Rain barrels are designed to collect storm water from residential single family home and condominium rooftops and stored for later irrigation and non-potable uses in buildings. Rain barrels that contain up to 55 gallons are permitted in all zoning districts.

1. Setbacks. Rain barrels may project up to three (3') feet beyond the established building side and rear yard setbacks.

i. Rain Garden (Bio-Retention). A rain garden is a shallow depression that captures storm water run-off from roofs, driveways, streets and parking lots allowing it to infiltrate into the soil.

These gardens typically utilize a modified soil mixture to ensure that the gardens soak up the water within a two-day period. Many are designed to have overflow outlet during heavy rainfall events. Rain gardens may be planted with shrubs, perennials or native wildflowers and grasses to increase infiltration and attract biodiversity. Rain gardens typically absorb 30% more storm water than conventional lawns. Rain gardens are permitted in all zoning districts.

j. Storm Water Cisterns. Storm water cisterns are designed to collect storm water runoff from non-residential and mixed-use rooftops and stored for later irrigation and non-potable uses in buildings. Above ground storm water cisterns that contain up to 10,000 gallons are permitted in the LSPD, BIZ, COR, VC, ORI, MFG and R-4 zoning districts.

1. Height. Storm water cisterns may not extend beyond the roofline of the building’s height or 40 feet, whichever is lesser.

2. Setbacks. Storm water cisterns may project up to ten (10') feet beyond the established building side and rear yard setbacks. A cistern may not locate between the building and the right-of-way.

3. Appearance. Storm water cistern colors must match existing building colors and the system must be integrated as an architectural feature.

k. Underground Storm Water Cistern/ Dry Well. An underground storm water cistern/ dry well is a process where storm water run-off is funneled into an underground rock-filled trench or vault, temporarily detained and infiltrated back into the surrounding soils. Dry wells can reduce the volume of storm water run-off generated by the roofs of structures, a significant source of run-off volume that enters storm drain systems (they can also potentially recharge local aquifers by diverting storm water into the soils). Dry wells should be placed near areas that accumulate standing water or receive rooftop run-off from gutter downspouts. They can be manufactured, made by filling a trench with stone and gravel, or utilize a perforated pipe made of concrete or plastic, and surrounded by gravel. Dry wells shall have positive drainage to a Village approved system if soil infiltration is less than 0.50 inches per hour. (Amd. Ord. 5653 - 11/1/21)

(Ord. 4574 – 7/6/10)

I. Outside Storage. Outside storage, where permitted in a specific zoning district and as specifically regulated in said district, shall be located at the rear of the principal building. It shall be screened on all sides. Stored materials, equipment or vehicles shall not exceed the height of the screening, and shall not be visible from any adjacent streets or residential areas. (Amd. Ord. 5653 - 11/1/21)

J. Collection Boxes.

1. A permittee shall operate and maintain all collection boxes for which the permittee has been granted a permit as follows:

a. Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.

b. Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

c. Collection boxes shall have in, at minimum, one-half-inch lettering visible from the front of each collection box the name, address, email, website, and phone number of the operator.

d. Collection boxes shall be serviced and emptied as needed, but at least every thirty (30) days.

e. The permittee and property owner shall maintain, or cause to be maintained, the area immediately surrounding the collection boxes, free from any junk, debris, overflow items or other material.

2. Shall not be permitted on any undeveloped parcel, nor where the principal use of the land has been closed or unoccupied for more than thirty (30) days;

3. Shall not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other;

4. Shall not exceed seven (7) feet in height, six (6) feet in width and six (6) feet in depth;

5. Shall not be placed closer than ten (10) feet from:

a. A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five foot clearance;

b. A public right-of-way;

c. A driveway; or

d. A side or rear property line of adjacent property used for residential purposes;

6. Shall not exist in the front setback of any property;

7. Shall not interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

8. Shall be screened from view on all sides from public streets and any abutting properties.

K. Drive-Through Accessories.

1. Drive-Through Accessories shall be screened from all public rights-of-way and adjacent residential properties in accordance with the Screening Requirements set forth in Section 6-308.J and Section 6-305.D.4, Landscape Bufferyards. No Drive-Through Accessories shall be located between the building setback area and the street, except in conjunction with a Special Use Permit.

2. Drive-Through Accessory Standards.

a. Drive Through Structures are subject to the following conditions:

1. Drive-Through Structures shall not exceed fourteen (14) feet in height.

b. Menu Boards are subject to the following conditions:

1. One (1) Menu Board shall be allowed per Order Confirmation Point.

2. Menu Boards shall not be more than fifty (50) square feet in surface area.

3. The highest point of a Menu Board shall not exceed a height of seven (7) feet from grade.

4. Menu Boards shall not exceed two (2) feet in dimensional depth.

5. A minimum five (5) foot wide on average landscape planting bed shall be installed around the entire base of all new permanent menu boards. A minimum of fifty percent (50%) of the area of the landscape bed around a menu board shall be occupied by vegetation. Vegetation should have year-round interest and should include shrubs, ornamental grasses and perennials; turf grass is not permitted. Plantings should be large enough to cover or soften the base of the menu board without blocking the displayed information.

c. Preview Boards are subject to the following conditions:

1. One (1) Preview Board shall be allowed per Order Confirmation Point.

2. Preview Boards shall not exceed 50% of the surface area of the primary Menu Board.

3. Preview Boards shall not exceed a height of six (6) feet.

Figure 6-302.K.2 - Drive-Through Accessories

3. Digital Menu Board Brightness Size.

a. The maximum permitted brightness for a Digital Menu Board shall be determined by the total area that emits light. The regulations for Digital Menu Board size and brightness are set forth in Table 6-302.K.3.A. Digital Menu Board size shall be rounded to the closest correlated size listed in Table 6-302.K.3.A when defining maximum permitted brightness.

Table 6-302.K.3.A

Menu Board Screen Size (Square Feet)	Menu Board Brightness (Nits)
0 - 25	3500
30	3200
35	2900
40	2600
45	2300
50	2000

L. Outdoor Seating Areas. Outdoor seating areas shall be located in the front, side, or rear of the principle building in the OOH, COR, ORI, VCD, BIZ, and RMC Districts.

1. Permanent Outdoor Seating. Permanent outdoor seating shall be located within an attached patio or sidewalk area and meet the following requirements:

a. Outdoor seating shall have aisle widths of thirty-six (36) inches or more.

b. Any fence, wall, landscaping or similar barrier installed in or around the outdoor seating areas shall be not less than twenty-four (24) inches in height and not greater than forty-eight (48) inches in height.

c. The service of liquor will also require conformance with the provisions outlined in Section 6-310, Fences, as well as the requirements of the Village Code, as amended.

2. Temporary Outdoor Seating. Temporary outdoor seating, in the case that governmental agencies issue a mandate that limits the occupancy of restaurants, may be permitted via a Special Event Permit, to be determined by Development Services Director, and shall meet the requirements of Title 7, Chapter 22 of the Village Code. (Ord. 5564 - 12/21/20)

(Amd. Ord. 5221 - 9/18/17; Amd. Ord. 5476 - 1/20/20)