Because of the nature of certain specific uses, which require additional regulations in order to assure that the purpose and intent of this chapter is achieved, the following additional restrictions are applicable to the uses listed below.
(A) Kennels.
(1) Any lot upon which a kennel is situated shall have a minimum area of three acres.
(2) Every kennel shall be located at least 200 feet from the nearest dwelling, and at least 100 feet from any lot line.
(B) Nursing homes.
(1) Any lot upon which a nursing home is situated shall have a minimum width and depth of 200 feet and a minimum area of two acres.
(2) The principal building of any nursing home shall be located at least 25 feet from all lot lines.
(C) Recreational vehicles.
(1) No more than two recreational vehicles shall be parked on any lot in any zoning district; provided that, no restriction shall be placed upon the allowable number of recreational vehicles that may be parked on the lot of a permitted business which sells such vehicles.
(2) No recreational vehicle shall be used as a dwelling in any zoning district.
(3) No recreational vehicle shall be used as an office or for any other commercial purpose in any zoning district.
(D) Services stations.
(1) All gasoline pumps and other such service facilities shall be located at least 25 feet from any street, right-of-way line, side lot line or rear lot line.
(2) Every accessway to a service station shall be located at least 200 feet from the principal building of any fire station, school, public library, church, park or playground, and at least 30 feet from the intersection of any public streets.
(E) Swimming pools.
(1) No swimming pool, in any district, whether public or private, shall be located in any front yard or intrude into any part of any side or rear yard that is required because of the setback regulations in that district; provided, however, that, in any residential district a swimming pool may be located as close as ten feet to any side or rear lot line, inclusive of corner lots.
(a) When, in the case of a corner lot, a pool is installed in a side yard area normally restricted by setback regulations, the required wall or fence shall be a separate wall or fence, regardless of whether the pool is installed in-ground or above ground.
(b) When, in the case of a corner lot, a pool is installed in a side yard area normally restricted by setback regulations, the provisions of § 154.052 of this chapter must be followed.
(2) (a) Every in-ground swimming pool which is more than two feet deep shall be enclosed by a wall or fence at least four feet in height.
(b) Any passage through such wall or fence shall be equipped with a gate, the latch of which can be secured and locked.
(3) Every above ground swimming pool which is more than two feet deep shall be enclosed by a separate wall or fence at least four feet in height; provided, however, that, a separate wall or fence shall not be required (unless otherwise indicated by division (E)(1) above if every point of the pool wall is at least four feet above the ground).
(a) Any passage through a separate wall or fence shall be equipped with a gate the latch of which can be secured and locked.
(b) Access to a pool, the wall of which is at least four feet above the ground and which is not protected by a separate wall or fence, shall be restricted by a ladder that is raised or removed when the pool is not in use.
(F) Utility substations. Every electrical substation, gas regulator station, telephone exchange facility, private sewage treatment plant, private water storage facility or similar facility shall be deemed a special use and shall conform to the following regulations in addition to any regulations required by said special use.
(1) Every lot on which any such facility is situated shall meet the minimum area and dimensions requirements of the district in which it is located and every building, structure or use of any such facility shall be located at least 25 feet from all lot lines, or shall meet the district setback requirements, whichever is greater.
(2) In any residential district, every such facility shall be designed, constructed and operated so that it is compatible with the residential character of the area.
(3) Screening at least ten feet in height and of sufficient density to block the view from adjacent property shall be installed around every such facility.
(4) If the installed screening is not a fence and the Zoning Administrator determines that such a facility poses a safety hazard, he or she shall require that a secure fence at least ten feet in height be installed behind the required screening.
(G) Home occupations.
(1) There are permitted in any residential dwelling home occupations of the type frequently found in dwellings used for residential purposes.
(2) Any home occupation shall comply with the following standards, in addition to ail of the standards applicable to the district in which it is located:
(a) No person shall be employed other than members of the immediate family occupying such dwelling.
(b) No stock in trade, except articles produced by the members of the immediate family residing on the premises, shall be displayed or sold upon the premises.
(c) No alteration of the principal building shall be made which changes the character thereof as a dwelling.
(d) No more than 25 percent of the area of one story of the principal building shall be devoted to any home occupation, except the letting of rooms to roomers or boarders.
(e) The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling, except that persons furnishing child care may provide outdoor recreation on the premises.
(f) No outdoor storage shall be permitted.
(g) No home occupation shall be operated in such a manner as to cause a nuisance.
(3) Permitted home occupations include, but are not limited to, the following occupations; provided, however, that each listed occupation shall be subject to the requirements of this section as well as to any limitations specifically imposed on such occupation by this section:
(a) Artists, sculptors, or authors.
(b) Day care homes.
(c) Dressmakers, seamstresses, or tailors.
(d) Lawyers, architects, engineers, realtors, insurance agents, brokers and members of similar professions.
(e) Ministers, rabbis, priests, imams, and other leaders of religious orders.
(f) Music or dancing teachers, tutors, or similar specialized instruction, provided that the instruction shall be limited to one pupil at a time, except for occasional groups.
(g) Physicians, dentists, or other licensed medical practitioners.
(h) The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient.
(i) Barbers, hairdressers and cosmetologists, provided that services rendered shall be limited to only one client be allowed at a time.
(4) Permitted home occupations shall not in any event be deemed to include the following:
(a) Animal hospitals.
(b) Barbershops or salons.
(c) Beauty parlors.
(d) Clinics or hospitals.
(e) Dance schools.
(f) Mortuaries.
(g) Nursery schools.
(h) Private clubs.
(i) Renting of trailers.
(j) Repair shops or service establishments, except the repair of electrical appliances, computers and computer equipment, cameras, or other similar small items.
(k) Restaurants.
(l) Stables or animal kennels.
(H) Home occupations, as a special use. Every home occupation allowed as a special use in the village shall meet the following criteria.
(1) In any residential or conservation district, no alterations shall be made to the dwelling to accommodate the home occupation which materially change the residential character of the building.
(2) The total area devoted to the home occupation shall not exceed 25% of the gross floor area of the dwelling, or 500 square feet, whichever is less.
(3) In any residential or conservation district, no unenclosed area shall be used for the storage of equipment or materials used in connection with the home occupation. For the purpose of this section,
ENCLOSED shall mean within the dwelling, a storage building or a detached garage.
(4) No offensive noise, vibration, smoke, dust, odor, heat, glare or electrical interference, which is noticeable at or beyond the lot lines, shall be generated.
(5) At least two off-street parking spaces, in addition to those required for the residential use of the property, shall be provided.
(6) Any sign erected in connection with a home occupation, shall conform with the provisions of § 154.149 of this chapter.
(7) Only members of the family residing in the dwelling shall be employed in connection with the home occupation.
(8) No home occupation shall be established unless the owner has first registered the non-residential use of the property with the Zoning Administrator, and in accordance with § 154.051 of this chapter.
(9) Vehicular traffic to and from the site of the home occupation and occurring as a result of said activity shall not exceed four vehicles at any one interval, on a regular, continuing basis.
(I) Agricultural activities.
(1) (a) No barn, stable, shed or other structure intended to shelter farm animals, shall be erected closer than 300 feet from any existing dwelling, or closer than 200 feet from any lot line of any residential property, whichever distance is greater.
(b) Fences shall be erected, or other means taken, to prevent farm animals from approaching closer than 300 feet from any existing dwelling or 200 feet from any residential lot line, whichever distance is greater.
(2) (a) No agricultural equipment or commodities, including, but not limited to, baled crops, fertilizer, pesticides or herbicides, shall be stored outdoors and closer than 300 feet from any existing dwelling or 200 feet from any residential lot line, whichever distance is greater.
(b) Such equipment or commodities which are stored completely within an enclosed structure shall not be located closer than 100 feet from any residential lot line.
(J) Fences.
(1) Easements and rights-of-way. Fences shall not be constructed on or over any dedicated public drainage or public rights-of-way. Construction may be allowed in utility easements; however, owners are responsible to replace or remove, at their cost, fences, and hedges that might be removed or damaged during utility repairs/ improvements by the village or other approved entities. The village will attempt to notify owners in advance about required removals but reserves the right to remove a fence, wall, or hedge in an easement without advance notice, as emergency or other scheduling considerations warrant. Trees are prohibited in all easements and ali public rights-of-way.
(2) Front yard. Fences not exceeding 36 inches in height may be erected in the front yard of any lot. Provided the fence is no more than one third opaque, and the materials are made of only plastic, wood, or aluminum/iron rail in front yard areas.
(3) Side yard. Fences not exceeding six feet in height may be erected in the side yard of any lot provided they do not extend beyond the front setback line.
(4) Rear yard. Fences not exceeding six feet in height may be erected in the rear yard of any lot.
(5) Placement offences.
(a) Fences may be erected along lot lines.
(b) All structural or supporting members of any fence must be constructed to be within or toward the area to be enclosed. This provision will not preclude home owners to share a fence on the property line.
(6) Illinois Drainage Code. No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code, 70 ILCS 605/1-1 et seq.
(7) Rights-of-way. No fence, or other obstruction shall be erected within any public right-of-way, except by written permission of the Code Administrator.
(8) Barbed wire and similar material.
(a) If already constructed and installed upon property lines or property abutting streets, highways, alleyways, or any public right-of-way within a residential zoning. Up to three strands of barbed wire may be used on top of a fence abutting the public right-of-way in Planned Business, Light Industrial, Heavy Industrial zoning districts so long as the wire does not protrude beyond the property line.
(b) Any newly constructed fences containing barbed wire or similar material must be setback at least five feet from property lines and public rights-of-way, they are only permitted in planned business, light industrial, and heavy industrial zoning classifications.
(c) Fences constructed with razor wire, ribbon wire and material(s) of similar design are prohibited.
(d) Electric fences are not permitted in the village except when used to contain grazing animals in an area zoned to allow such a use. Electric fences must be set back at least five feet from the property line and/or must be enclosed by additional fencing or other barriers which prevent access to the electric fence by small children on the adjacent property.
(e) All fences not in compliance with this section shall, within 20 days of notification from the Village of Swansea, shall be removed by the owner or, upon failure to remove the fence; the Code Administrator is empowered to cause the removal of the fence, the cost of which shall be billed to the owner.
(K) Junk yards.
(1) No part of any junk yard, including any lot on which three or more inoperable vehicles are stored, shall be located closer than 500 feet from any residential lot line.
(2) All vehicles, parts and equipment shall be stored completely within an enclosed structure, or within an area screened by a wall, solid fence or closely-planted shrubbery at least ten feet high and of sufficient density to block the view from adjacent property.
(L) Aerials and antennas.
(1) In any residential or business district, no aerial or antenna shall be located in any front or side yard.
(2) In any zoning district, no aerial or antenna shall exceed the height limit regulation of the Federal Communication Commission.
(M) Special regulations for aerials, antennas and telecommunications facilities.
(1) Selected definitions.
CO-LOCATION (CO-USE). The location of two or more antenna or other telecommunication devices on a single telecommunications tower or other supporting structure.
TELECOMMUNICATIONS FACILITY. An unmanned facility consisting of a telecommunication tower and any accessory structures required to provide support services.
TELECOMMUNICATIONS TOWER.
1. A structure, excluding buildings, of at least 40 feet in height, which supports telecommunication antenna or other wireless communication equipment for either transmitting or receiving. Design examples of
TELECOMMUNICATION TOWERS are described as follows:
a. Monopoles;
b. Self-supporting lattice; and
c. Guyed.
2. The term shall not include equipment used by amateur radio operators, which meet the requirement of division (M)(3) below.
(2) Purpose and intent.
(a) To direct the installation of aerials, antennas and telecommunications facilities within the village;
(b) To protect the public health and safety;
(c) To protect residential areas and land uses from the potential adverse impacts of aerials, antennas and telecommunication towers;
(d) To minimize adverse visual impacts and avoid potential damage to adjacent properties from tower failure, through careful engineering, design, siting and screening;
(e) To accommodate the growing need for telecommunication facilities; and
(f) To encourage and promote co-location of existing and new telecommunication facilities as a primary option rather than construction of single-use facilities.
(3) Special regulations.
(a) The distance from the base of an aerial, antenna or telecommunication tower to the nearest property line shall not be less than the height of the aerial, antenna or tower.
(b) Exception: “monopole” towers will not be required to meet the setback requirements as mentioned above when designed to fail at a point equal to no more than one-third of the height of the tower when measured from the top.
(c) Six-foot high security fencing shall be installed around the base and guy anchors of all telecommunication facilities.
(d) Closely planted evergreen trees or shrubs at least six feet high shall be planted around the exterior of any security fencing and around the base and guy anchors of a telecommunication facility.
(e) Additional deciduous trees at least two inches in girth, plus evergreen trees at least six feet in height, shall be planted around the perimeter of the property (near the property lines) upon which a telecommunication facility is located in order to provide additional screening of the tower from passersby.
(f) Any person, firm or corporation wishing to construct a telecommunication tower shall seek permission to co-locate or co-use an existing tower. No person, firm or corporation shall refuse co-location of other equipment.
(g) Any person, firm or corporation wishing to construct a telecommunication tower and/or facility, shall provide a bond to the village in the amount of $20,000 or 20% of the construction costs, whichever is less. Said bond shall be kept in full force during the time the tower and/or communication facility is in operation. The bond shall be conditioned upon full indemnity to the village should the facility become obsolete and the owner fails to remove said tower and/or facility within six months of becoming obsolete, or in the event the tower of facility falls into a state of disrepair.
(N) Therapeutic massage establishments. No therapeutic massage establishment shall be established, operated or maintained within the village unless the establishment complies with the following minimum requirements.
(1) Licenses of all therapeutic massage therapists operating within a therapeutic massage establishment shall be posted in plain site at all times in the establishment.
(2) No person other than licensed massage therapists (as defined) shall engage in the practice of performing massages for commercial purposes. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other facilities shall be kept in good repair and maintained in a clean and sanitary condition at all times. Wet and dry heat rooms, steam or vapor cabinets, shower compartments, pool areas and toilet areas shall be thoroughly cleaned at the end of each business day.
(3) Oils, creams, lotions and other preparations used in administering therapeutic massages shall be kept in clean, closed containers.
(4) Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering therapeutic massages.
(5) All therapeutic massage establishments shall provide clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use.
(6) The main entrance door utilized by the general public, serving a therapeutic massage establishment, shall remain unlocked at all times during business hours.
(7) Business hours of operation for therapeutic massage establishments shall be between 6:00 a.m. and 10:00 p.m.
(8) No person other than licensed massage therapists (as defined) shall engage in the practice of performing massages for commercial purposes.
(9) Only massage therapists (as defined) may own, operate or be employed to engage in the practice of therapeutic massage by an on-call massage service.
(10) The sexual or genital areas of patrons shall be covered by clothes, undergarments or towels.
(11) It shall be unlawful for any person in a therapeutic massage establishment to knowingly place his or her hand(s) upon, or to touch with any part of his or her body, to fondle, in any manner, or to massage the genital area of any person.
(12) No massage therapist, employee or operator shall perform, offer or agree to perform any act which would require the touching of a patron’s genital area.
(O) Pawn shops, car title loan, payday loan and rent-to-own establishments.
(1) Purpose.
(a) The purpose of this division (O) is to regulate pawn shops, car title loan, payday loan and rent-to-own establishments in order to promote the health, safety and general welfare of the citizens of the village. These types of businesses usually are directed towards people with minimal financial reserves who need funds quickly, and are not able to access other types of financing like bank loans, charge cards or family members who can lend them the needed cash or they are directed towards those who are not able to purchase certain consumer goods (such as televisions, furniture and the like) through standard purchasing methods. Therefore, it is in the best interest of the village to regulate these businesses and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of these uses within the village.
(b) The provisions of this division (O) have neither the purpose nor effect of imposing a limitation or restriction on these uses, or to deny access by these uses to their intended market.
(2) Findings.
(a) Pawn shops, car title loan, payday loan and rent-to-own establishments, as defined herein, should be regulated.
(b) They should be segregated from one another and from houses of worship, schools, parks and residential neighborhoods to protect the public health, welfare and safety because, inter alia, these uses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, illicit drug use, decreased desirability of and negative impacts on the use of surrounding properties, blight and litter.
(c) The village has a substantial government interest in preventing each of the aforementioned adverse effects.
(3) Location.
(a) The property line of any pawn shop, car title loan shop, payday loan shop or rent-to-own establishment shall be no less than 300 feet from the nearest property line of any residentially-zoned property, school, park, church, synagogue or other place of worship.
(b) The property line of any pawn shop, car title loan shop, payday loan shop or rent-to-own establishment shall be no less than 650 feet from the nearest property line of any other pawn shop, car title loan shop, payday loan shop or rent-to-own establishment.
(Prior Code, § 20-410) (Ord. 1482, passed 3-5-2007; Ord. 1533, passed 11-17-2008; Ord. 1647, passed 5-21-2012; Ord. 1699, passed 3-17-2014; Ord. 1902, passed 6-7-2021)