The following standards apply to uses as designated in the "Use Standards" column of Table 156.07.B-1. Use Table.
1. Adult Use.
a. Minimum Spacing. An adult use shall not be located within 500 feet of any residential district, day care center, preschool, elementary or middle school, high school, park, place of worship, or another adult use. An adult use shall not be located within 300 feet of the centerline of Illinois Route 25, Illinois Route 31, Sundown Road, Umbdenstock Road, North Lancaster Road, and Randall Road.
b. Protection of Public Interest. An adult use shall be designed, located, and operated so that the public health, safety, comfort, convenience, and general welfare will be protected.
c. Property Value. An adult use shall not cause substantial injury to the value of other property in the neighborhood in which it is located.
d. Public Expense. An adult use shall not cause additional public expense for fire or police protection.
e. Off-Site Observation. An adult use shall not be conducted in a manner that permits the observation of material relating to specified sexual activities or specified anatomical areas from any right-of-way or adjacent property.
2. Animal Boarding, Animal Shelter, or Animal Hospital.
a. Location. Animal boarding and animal shelters are not allowed directly adjacent to any residential use with the exception of facilities that are entirely enclosed.
b. Outdoor Boarding. Two outdoor dog runs per establishment are allowed. All outdoor animal boarding facilities shall be located in the interior side and/or rear yard and shall be enclosed with an opaque fence that is a minimum height of six feet.
c. Noise. Noise shall be managed so as not to create a public nuisance for surrounding properties in compliance with § 156.07.F.1 (Noise) and all other local noise regulations.
3. Animal Day Care.
a. Hours of Care. No animals may be kept on premises overnight, which for purposes of this provision, shall be between the hours of 9:00 p.m. and 6:00.a.m.
b. Limitation of Animals. Livestock may not be kept on premises.
4. Bed and Breakfast.
a. Owner Occupancy. A bed and breakfast must be owner occupied.
b. Residential Character. A bed and breakfast must be designed originally as a single-unit dwelling. The location and operation of the facility shall not alter the residential character of the neighborhood, and the facility shall incorporate a residential design that is compatible with the surrounding neighborhood.
5. Commercial Stable.
a. Location of Structures. Structures associated with a commercial stable must be located a minimum of 50 feet from any lot line.
b. Safety. All stables must be designed to ensure the safety, health, and well-being of the animals on site, including protection from predators, the elements, and inclement weather.
6. Community Garden.
a. Site Design. The community garden shall be designed and maintained to minimize the amount of water and/or fertilizer that drains or runs off onto adjacent property.
b. Sales. There shall be no retail sales of any products on-site, except following approval of a Temporary Use Permit for a farmstand.
7. Community Residence.
a. Location. A community residence may not be located within 660 feet of another community residence, and more than one community residence shall not be located on a block.
b. Residential Character. The location and operation of the facility shall not alter the residential character of the neighborhood, and the facility shall incorporate a residential design that is compatible with the surrounding neighborhood.
8. Day Care Home.
a. Residential Character. The location and operation of the facility shall not alter the residential character of the neighborhood, and the facility shall incorporate a residential design that is compatible with the surrounding neighborhood.
b. Residency of Operator. The day care home shall be the primary residence of the operator.
c. Employees. Additional nonresident employees are allowed to work in a day care home.
d. Minimize Adverse Impacts. The design of the facility shall minimize traffic congestion, pedestrian hazards, noise, and other adverse impacts on surrounding properties.
9. Drive-Thru Facility. Refer to Figure 156.07.C-1. Drive-Thru Facility.
a. Minimum Spacing. Drive-Thru facilities associated with financial institutions along Randall Road shall not be located within 2,500 ft of other such drive-thru facilities.
b. Location. The drive-through window shall be located on the interior side or rear facade of the principal structure.
c. Screening. The drive-thru facility shall be screened from view of the street by building and/or landscape screening in accordance with the requirements of § 156.09.E.3 (Parking Lot Perimeter Landscape). Screening shall be designed in such a way as to avoid interference with visibility or access.
10. Government Facility. Government facilities are exempt from the maximum driveway widths established in § 156.08.J (Driveways).
11. Heavy and Light Manufacturing.
a. Location of Manufacturing Operations. All manufacturing operations whether for heavy or light manufacturing shall be operated within fully enclosed buildings.
b. Performance Standards. All manufacturing uses are to be reviewed by the Zoning Administrator prior to issuing a certificate of occupancy, in order to determine that the use shall be found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, toxic, or noxious matter or glare or heat.
12. Indoor Entertainment or Recreation.
a. Minimize Adverse Impacts. The location of entrances and exits, service areas, and parking and loading docks shall minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.
b. Noise. Any noise associated with the facility shall be managed so as not to create a public nuisance for surrounding properties and shall comply with § 156.07.F.1 (Noise) and all other local noise regulations.
13. Live/Work Dwelling.
a. Sales. On-site retail transactions associated with a live/work dwelling are allowed.
b. Residency of Operator. The live/work dwelling shall be the primary residence of the operator. A portion of a live/work dwelling may be leased as a work space to an operator that does not reside in the dwelling.
c. Employees. Two additional nonresident employees are allowed to work in a live/work dwelling.
d. Space Limitation. No more than 50% of the total square footage of the dwelling may be used for residential uses. All activities associated with the live/work dwelling shall occur entirely within the dwelling unit.
e. Signs. Signs for occupations within live/work units are permitted in accordance with the home-based business sign standards in § 156.10.D.1 (Permanent Signs Exempt from Permit Requirement).
14. Cannabis Business Establishment.
a. Application requirements. In addition to all other applicable special use application requirements; cannabis business establishments must submit all documents requested by the Zoning Administrator for evaluation under the applicable special use standards, which may include:
(1) A complete copy of all applications and plans submitted for required state licenses;
(2) An odor control plan;
(3) A security plan;
(4) An inventory control plan;
(5) A floor plan;
(6) A traffic study;
(7) A plan for the recycling and destruction of cannabis waste;
(8) A site plan. A site plan for any dispensary use must show adequate public access, the layout promotes the safe dispensing of cannabis, the location is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, accessible entry and exists as required by the Americans with Disabilities Act, product handling, and storage; and
(9) A recoverable costs agreement, in a form acceptable to the Zoning Administrator, to reimburse the Village for the actual costs incurred in processing the application, including costs for legal publication, court reporter services, administrative preparation and review, document preparation and review, professional and technical consultants, legal review and consultation, and document recording.
b. Conditions. In addition to all other required special use conditions, cannabis business establishments must comply with the following conditions:
(1) Compliance with State Regulations and Rules. All cannabis business establishments must comply with all applicable state and local laws, including the Cannabis Regulation and Tax Act, as amended, the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.
(2) Compliance with Plans. The development, use, operation, and maintenance of the cannabis business establishment will be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the Zoning Administrator in accordance with all applicable Village rules, regulations, and ordinances.
(3) Minimum Distance Limits. In addition to all state-imposed minimum distance limits, any building used for a cannabis business establishment may not be located within the distance of a pre-existing sensitive use listed in the following table:
Table 150.07.C-1. Minimum Distances from Cannabis Establishment Buildings to Pre-Existing Sensitive Uses | ||||
Publicly owned or operated | Private | Pre-existing sensitive use | Cannabis business establishment building distance from sensitive use | Measured from |
Table 150.07.C-1. Minimum Distances from Cannabis Establishment Buildings to Pre-Existing Sensitive Uses | ||||
Publicly owned or operated | Private | Pre-existing sensitive use | Cannabis business establishment building distance from sensitive use | Measured from |
Y | Y | Preschool | 250' | Property line of sensitive use |
Y | Y | Elementary school | 250' | Property line of sensitive use |
Y | Y | Secondary school | 250' | Property line of sensitive use |
Y | Y | Day care center | 250' | Property line of sensitive use |
Y | Y | State- licensed day care home | 250' | Property line of sensitive use |
Y | N/A | Park | 250' | Property line of sensitive use |
Y | N/A | Library | 250' | Property line of sensitive use |
N/A | Y | Principal residential building | 100' | Nearest point of principal residential building |
(4) Security. In addition to all state-imposed security requirements, the village may require a cannabis business establishment to provide sufficient additional safeguards in response to any special security concerns.
(5) Air Treatment. In addition to all state-imposed air treatment requirements, the Village may impose additional air treatment requirements on a cannabis business establishment to promote compliance with Village nuisance and other ordinances.
(6) Traffic. The Village may impose conditions requiring the design of the cannabis business establishment to minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.
(7) Cannabis Waste. All cannabis business establishments must comply with all state, county, and Village regulations governing cannabis waste.
(8) Hours of Operation. Unless otherwise prescribed by state law, the Board of Trustees may impose hours of operation for a cannabis business establishment as a condition of any zoning certificate to reduce conflicts with surrounding land uses.
(9) Drive-Through Windows. Cannabis business establishments may not have a drive-through service.
(10) On-Premises Consumption. No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis in any form anywhere inside or outside the building on its property. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking. eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
(12) State License. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must file a copy of all required state licenses to operate as a cannabis business establishment with the Zoning Administrator. Cannabis business establishments must maintain all required state licenses in effect at all times, and keep satisfactory proof thereof on file with the Zoning Administrator.
(13) Non-Transferability. Unless otherwise expressly provided by Ordinance, the privileges, obligations, and provisions of a special use permit for a cannabis business establishment:
i. are for the sole benefit of and will be binding on the applicant; and
ii. may not be transferred to any other person or entity without a new application for approval for a person or entity other than the applicant.
(14) Inspections.
i. Cannabis dispensaries and medical cannabis dispensaries are subject to random and unannounced inspections by local law enforcement.
ii. Cannabis infusers are subject to random inspections by local law enforcement.
iii. Cannabis cultivation centers and craft growers are subject to random inspections by local safety or health inspectors.
iv. When reasonable cause of a violation exists, all cannabis business are subject to inspections by the Zoning Administrator with the assistance of the Village Attorney, the Police Department, or other Village agents and employees.
c. Number. The number of each type of cannabis business establishments allowed in the Village may be established by resolution duly adopted by the Board of Trustees.
15. Mining Operation.
a. Design. Mining operations are subject to the following design regulations.
(1) All mining operations shall comply with relevant federal, state, and local standards including licensing, health, and safety requirements. Noise, odor, dust, air pollution, glare, heat, vibration, fire and explosion hazards, electromagnetic interference, and water discharge shall comply with relevant federal, state, and local standards, including § 156.07.F Environmental Performance Standards.
(2) Screening and buffers must be provided along all public roads adjacent to a mining operation as specified by the Village Board upon approval of a special use permit. Existing trees and groundcover along the public right-of-way adjoining the property must be preserved and maintained for screening purposes to the greatest extent possible.
(3) No more than one entrance and one exit from a road may be provided to the mining operation unless otherwise specified by the Village Board. Such entrance must be located to avoid routing trucks to and from the mining operation using residential streets. The mining operation shall provide a paved road from the entrance and exit of the area of operation a minimum of 300 feet from the public right-of-way in order to minimize accumulating dirt and gravel on the public right-of-way. Entrances and exits to the mining operation must be provided with gates that may be securely locked.
(4) Trucks used to haul materials to and from the mining operation must be loaded to prevent spillage onto the public right-of-way. Any spillage on the public right-of-way from overloading or from material adhering to truck tires must be removed periodically at the expense of the operator.
(5) Overburden must not be removed in excess of the area that is expected to be mined within one year following its removal.
(6) As specified by the approved reclamation plan, development toward reclamation must progress as areas of the property are mined, unless the reclamation of such areas would prevent the conduct of mining operations on the remaining property. Groundcover or other planting indicated on the approved reclamation plan must be installed in areas where excavation is complete and before further overburden is removed in order to ensure development as operations proceed.
(7) Weeds and other unsightly or noxious vegetation visible from the public right-of-way must be maintained as necessary.
(8) Graded or backfilled areas must be covered with topsoil to a minimum of six inches and seeded with appropriate ground cover. Such topsoil must have a minimum of 25% organic material except that no greater depth of topsoil or percentage of organic material is required than originally existing on the property prior to the commencement of mining operations.
b. Hours of Operation.
(1) Mining operations may be conducted from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 4:00 p.m. on Saturday, except during an emergency situation or as specified by the Village Board.
(2) The sale and loading of previously stockpiled products may be conducted from 2:00 p.m. to 5:00 p.m. on Saturday and from 9:00 a.m. to 2:00 p.m. on Sunday in addition to the hours specified above.
(3) Mining operations and the sale and loading of previously stockpiled products cannot be conducted on holidays or Sundays except as specified above.
c. Setback Requirement. Production, processing, and excavation associated with a mining operation must be set back from the boundary of any adjacent property that is not covered by a mining lease by a minimum often feet plus one and one-half times the depth of the intended excavation, unless otherwise specified by the Village Board.
d. Explosives. No explosives may be used or stored upon the property of a mining operation or elsewhere in the Village in connection with a mining operation unless such use is expressly authorized by the Village Board or as part of an annexation agreement. If the use of explosives is authorized in connection with the conduct of mining operations, the following regulations apply.
(1) The use, handling, and storage of explosives shall comply with the Illinois Explosives Act (ILCS Ch. 225, Act 210, §§ 1-1001 et seq.) and with all other applicable statutes, ordinances, rules, and regulations.
(2) Explosives may be detonated from 8:00 a.m. to 5:30 p.m. Monday through Friday and from 8:00 a.m. to 3:30 p.m. on Saturday unless otherwise specified by the Village Board.
(3) Blast vibrations are permitted in accordance with Appendix B of the U.S. Department of the Interior, Bureau of Mines Report of Investigations/1980 RI 8507 or any subsequent updated version.
(4) Airblast created as a result of the use of explosives is limited and controlled as set forth in paragraph 816.65(e)(1) of the Permanent Regulatory Program Implementing 501(b) of the Surface Mining Control Reclamation Act of 1977, U.S. Department of the Interior, as amended.
(5) Mining operations that use explosives are required to have a seismograph to determine ground disturbance with the following minimum capabilities.
(a) The ability to respond to particle velocity in each of the three mutually perpendicular planes.
(b) The ability to record velocity time histories in each of the three mutually perpendicular planes.
(c) The ability to record an airblast time history.
(d) A seismic frequency response of 2.0 to 200 Hz +/- 3dB.
(e) A particle velocity dynamic range of 0.02 to 4.0 ips.
(f) A sound measuring range of 110 to 140dB.
(g) A sound frequency response of 5 to 200 Hz +/- 3dB flat response.
e. Ready Mix Plants. Plants for making ready mixed concrete using aggregate taken from a mining operation are allowed with a separate special use permit application that may be combined with the application for a special use permit to conduct a mining operation. All mixing equipment, buildings, and structures associated with a ready mix plant operation must be removed from a site upon the cessation of operations or the expiration of the special use permit.
f. Expiration of Special Use Permit. A special use permit issued for a mining operation is valid for ten years from the date of approval by the Village Board unless otherwise specified by the Village Board or an annexation agreement. The renewal of a special use permit must be approved by the Village Board and cannot exceed a period often years. All renewals are subject to the same conditions as the original special use permit, as well as any new conditions required by the Village Board.
g. Assignment. Authorization to conduct a mining operation may not be assigned or transferred at any time without the written consent of the Village Board unless otherwise specified by the Village Board or an annexation agreement.
h. Inspection. The Zoning Administrator must be granted reasonable access to a mining operation to periodically monitor Its conduct and determine compliance with the requirements of this Ordinance.
i. Cessation of Operations. Upon cessation of mining operations, the operator shall be responsible for the complete removal of all buildings, structures, and equipment used in connection with the mining operation within 18 months of such cessation. All stockpiled materials must be removed within two years following cessation of mining operations and the area occupied by such stockpiled materials must be reclaimed as provided in the approved reclamation plan.
16. Motor Vehicle Operations Facility.
a. Outdoor Storage. Disabled or inoperable vehicles and those awaiting pick-up may be stored outdoors if the following conditions are met:
(1) Location. Outdoor storage of vehicles is prohibited in the front yard and corner side yard. Motor vehicles may not be stored in the public right-of-way.
(2) Screening. To the extent practicable, storage areas shall be screened from view of the street by building and/or landscape screening in accordance with the requirements of § 156.09.E.3 (Parking Lot Perimeter Landscape).
b. Location for Repairs. All repairs must occur inside an enclosed building.
17. Motor Vehicle Rental or Motor Vehicle Sales, Repair and/or Service.
a. Outdoor Storage. Disabled or inoperable vehicles and those awaiting pick-up may be stored outdoors if the following conditions are met:
(1) Location. Outdoor storage of vehicles is prohibited in the front yard and corner side yard. Motor vehicles may not be stored in the public right-of-way.
(2) Screening. To the extent practicable, storage areas shall be screened from view of the street by building and/or landscape screening in accordance with the requirements of § 156.09.E.3 (Parking Lot Perimeter Landscape).
(3) Storage Duration. Motor vehicle repair and/or service facilities may not store the same vehicles outdoors for more than 20 days.
b. Location for Repairs. All repairs must occur inside an enclosed building.
c. Screening. Street frontage not occupied by building or driveways shall be improved with landscape screening in accordance with the requirements of § 156.09.E.3 (Parking Lot Perimeter Landscape).
d. Stacking Spaces. Stacking spaces must comply with the requirements of § 156.08.I (Vehicular Stacking Requirements).
e. Exterior Lighting. The illumination of any outdoor sales and display area shall not exceed ten foot-candles as measured at any location on the lot.
f. Minimum Street Frontage Requirement. Gas stations shall be exempt from the minimum street frontage requirements established in Section 156.06 (Zoning District Regulations).
g. Drainage. Car washes shall not drain onto adjacent properties or into the right-of-way.
18. Outdoor Dining.
a. Location. Outdoor dining shall be located on private property unless otherwise allowed by the Village. Outdoor dining shall not be located in any yard that is adjacent to a residential use or district, except when such residential use is an element of a mixed-use structure or development. Outdoor dining areas shall be delineated from the public right-of-way and parking areas with masonry walls, planters, bollards, temporary fencing, or similar elements.
b. Sidewalk Clearance. A minimum of four feet of sidewalk clearance must remain available for pedestrians in accordance with the Americans with Disabilities Act Accessibility Guidelines.
c. Parking Lot Clearance. Outdoor dining shall not interfere with the drive aisles and parking spaces of a parking lot.
19. Outdoor Entertainment or Recreation.
a. Minimize Adverse Impacts. The location of entrances and exits, service areas, and parking and loading docks shall minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.
b. Noise. Any noise associated with the facility shall be managed so as not to create a public nuisance for surrounding properties and shall comply with all local noise regulations.
20. Outdoor Storage Area.
a. Location. Outdoor storage areas shall be located on an improved surface in the interior side yard or rear yard.
b. Height. Outdoor storage area materials shall not exceed eight feet in height within 20 feet of any lot line.
c. Uses. Outdoor storage areas are allowed as a principal use in association with the following principal uses: heavy manufacturing, light manufacturing, motor vehicle rental, motor vehicle sales, repair and/or service, and garden center. Outdoor storage areas may be allowed for additional uses with prior written approval by the Zoning Administrator.
d. Screening. The requirements of § 156.09.G (Screening Requirements) shall apply to outdoor storage areas.
21. Parking Garage. In the VC District, a use listed in Table 156.07.B-1 Use Table as an allowed commercial, civic, or institutional use must occupy the first 30 feet of building depth on the ground floor along a minimum of 50% of the street-facing facade (refer to Figure 156.07.C-2. Parking Garage).
22. Parking Lot or Parking Lot (Primary Use). Screening. The requirements of § 156.09.E.3 (Parking Lot Perimeter Landscape) shall apply to all off-street parking lots.
23. Planned Development. Refer to the requirements of § 156.03.D (Planned Developments).
24. Preschool, Elementary, Middle or High School. Minimize Adverse Impacts. The location of entrances, exits, service areas, parking areas, and loading docks shall minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.
25. Solar Farm.
a. Lot coverage. Fixed solar panels shall be considered impervious surface as part of the calculation of the lot coverage limitations.
b. Setbacks. Solar farms shall have a minimum setback of five feet in all yards.
c. Grid Interconnection. The applicant must provide evidence that the appropriate electric utility has been informed of the applicant's intent to install a solar farm with a grid interconnection.
d. On-Site Power Lines. On-site power lines shall be installed underground to the greatest extent practical.
26. Utility. Screening. The street frontage adjacent to the utility shall be treated with landscape screening in accordance with the requirements of § 156.09.E.3 (Parking Lot Perimeter Landscape).
27. Warehousing, Storage, or Distribution Facility with GFA Greater than 150,000 Square Feet, or Has More than 35 Loading Docks.
a. Traffic impact study required. To ensure that all activity minimizes traffic congestion, pedestrian hazards and adverse impacts on surrounding properties, a traffic impact study shall be provided, and reviewed and approved by the Village Engineer, or his designee. The traffic impact study shall incorporate traffic engineering principles and include site location and proposed access points, phased and full development trip generation, connection point design elements, adjacent and relevant development, existing and future traffic volumes, assessment of the system impacts, and mitigation measures.
b. Truck parking. No trucks shall be parked within 100 feet from property zoned as a residential district or from a residential use.
c. Truck routing. Truck routing shall not rely upon any residential streets for access or egress from the facility.
28. Wireless Telecommunication Facility and/or Tower.
a. General Requirements. All wireless telecommunication facilities and towers shall be subject to the following.
(1) Lighting. A wireless telecommunication facility or tower shall not include lights unless required by the Federal Communications Commission, the Federal Aviation Administration, or the Village.
(2) Signs. A wireless telecommunication facility or tower shall not display signs except that such facilities or towers may include information required for government regulation, such as Federal Communications Commission registration information.
(3) Screening. A wireless telecommunication facility or tower shall include landscape screening in accordance with the requirements of § 156.09.G (Buffer Yards), except that a required fence shall be a minimum of eight feet and maximum of ten feet in height.
b. Wireless Telecommunication Facility.
(1) Height. The maximum height of a wireless telecommunication facility shall be 15 feet.
(2) Use. A wireless telecommunication facility may house equipment and supplies for operation of a wireless telecommunication tower. Such facility shall be unstaffed and shall not be used for equipment that is not used as part of the operation of the facility.
c. Wireless Telecommunication Tower.
(1) Height. The maximum height of a wireless telecommunication tower is 50 feet, unless a taller height is required to function satisfactorily; in such case, the applicant must present a report indicating the need for a height in excess of 50 feet.
(2) Design. A wireless telecommunication tower shall be designed to accommodate at least three telecommunication providers and their accompanying wireless telecommunication facilities. A wireless telecommunication tower shall have a galvanized gray or silver finish unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the Village.
(Am. Ord. 2019-50, passed 12-2-19; Am. Ord. 2020-48, passed 11-2-20)