chapter 154: zoning code section general provisions

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CHAPTER 154: ZONING CODE

Section

General Provisions

154.001 Purposes

154.002 Jurisdiction

154.003 Rules of Construction

154.004 Definitions

General Standards

154.015 Zoning Affects Every Building and Use

154.016 Structures Exempt From This Chapter

154.017 Open Space Shall Not Be Encroached Upon

154.018 Buildings on a Lot

154.019 Every Lot Must Abut a Street

154.020 Building in Flood Plain

154.021 District Boundaries

154.022 Fractional Requirements

154.023 Automatic Classification of Certain Annexed Territory

District Regulations

154.035 Establishment of Zoning Districts

154.036 Purposes of the Districts

154.037 Permitted Uses

154.038 Dimensional Criteria

154.039 Groundwater Protection Overlay District

Sign Regulations

154.050 General Requirement

154.051 Sign Definitions

154.052 Types of Signs

154.053 Sign Area Computation

154.054 Maximum Sign Surface Area

154.055 Maximum Number of Signs

154.056 Other Standards

154.057 Master Signage Plan

154.058 Prohibited Signs

154.059 Exempted Signs

154.060 Temporary Signs

Parking and Loading

154.075 General Provisions

154.076 Off-street Parking Spaces Required

154.077 Storage and Stacking

154.078 Interpreting the Table of Parking

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154.079 Safety

154.080 Parking Space Dimensions

154.081 Surfacing

154.082 Loading and Unloading

154.083 Off-Site and Shared Parking

Design Standards

154.095 Driveways

154.096 Streets

154.097 Water and Sewer (Sanitary and Storm)

154.098 Landscaping

154.099 Screening

154.100 Architectural Standards

154.101 Lighting

154.102 Erosion Control

154.103 Storm Water Drainage

154.104 Dedications and Impact Fees

Supplemental Standards

154.115 Purpose

154.116 Multi-Family and Single-Family Attached Dwellings

154.117 Planned Residential Developments

154.118 Home Occupations

154.119 Medical Cannabis Related Uses

154.120 Location of Adult Use Cannabis Businesses; Other Conditions

154.121 Temporary Uses

Nonconforming Structures and/or Uses

154.130 Continuation of Nonconforming Structures and/or Uses and Completion of

Nonconforming Projects

154.131 Extension or Enlargement of Nonconforming Uses and/or Structures

154.132 Repair, Maintenance, and Reconstruction

154.133 Change in Use of Property Where a Nonconforming Use Exists

154.134 Discontinuance of Nonconforming Uses and/or Structures

154.135 Completion of Nonconforming Projects

Zoning Board of Appeals and Plan Commission

154.150 Creation and Membership

154.151 Powers and Duties

154.152 Rules of Procedure

154.153 Appeal

Administrative and Legal Provisions

154.165 Administration of this Chapter

154.166 Certificate of Zoning Compliance Required

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154.167 Application for Certificate of Zoning Compliance

154.168 Conditional Use Permits

154.169 Amendments to this Chapter and the Official Zoning Map

154.170 Consideration by an Appointed Board

154.171 Expiration of Permits

154.172 Fees

154.173 Conflicts

154.999 Penalty

Appendix A: Structures Permitted in Yards

Appendix B: Table of Permitted Uses

Appendix C: Table of Dimensional Criteria

Appendix D: Table of Parking

Appendix E: Official Zoning Map

Cross-reference: Subdivision Control, see Ch. 153

GENERAL PROVISIONS

' 154.001 PURPOSES.

The regulations set forth in this Chapter are designed:

(A) To secure adequate light, fresh air, and safety;

(B) To conserve the taxable value of land and buildings throughout the Village;

(C) To lessen or avoid congestion in the public streets;

(D) To lessen or avoid hazards to persons and damage to property resulting from the accumulation or runoff of

storm or flood waters;

(E) To promote the public health, safety, comfort, morals, and welfare; and

(F) To ensure and facilitate the preservation of sites, areas, and structures of historical, architectural, and

aesthetic importance.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2014-9-1-B, passed 4/16/2014)

' 154.002 JURISDICTION.

(A) This Chapter shall apply within the corporate limits of the Village, as now or hereafter fixed, as established

on the map entitled Official Zoning Map (Appendix E).

(B) The Official Zoning Map and all amendments thereto made from time to time and all explanatory matter

thereon is hereby made a part of this Chapter.


' 154.003 RULES OF CONSTRUCTION.

(A) Words used in the present tense include the future.

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(B) Words used in the singular include the plural.

(C) Words used in the plural include the singular.

(D) The word LOT includes the word PLOT.

(E) The word STRUCTURE includes the word BUILDING.

(F) The word PERSON includes a firm, association, organization, partnership, trust, company, corporation,

agency, or individual.

(G) The word SHALL is mandatory and not directory.

(H) Reference to a state department includes that department and its successors, if any.

(Ord. 9-1-A, passed 3/21/1996)

' 154.004 DEFINITIONS.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires

a different meaning. Where a word or term used in this Chapter is not defined below, but is defined in Chapter

153, the meaning of the word or term shall be as set forth in Chapter 153.

ACCESSORY USE, ACCESSORY STRUCTURE, or ACCESSORY BUILDING. A use, structure, or

building, the use of which is subordinate and incidental to that of a principal use, structure, or building on

the same parcel.

ADDITION (TO AN EXISTING BUILDING).

(1) Any walled and roofed expansion to the perimeter of a building in which the addition is connected by

a common load-bearing wall other than a fire wall.

(2) Any walled and roofed ADDITION which is connected by a fire wall or is separated by independent

perimeter load-bearing walls is new construction.

ADMINISTRATOR. The Zoning Administrator.

ADULT USE CANNABIS. Cannabis which is sold, purchased, possessed, and used in compliance with the

Cannabis Regulation and Tax Act.

ADULT USE CANNABIS BUSINESS ESTABLISHMENT(S). A cultivation center, craft grower,

processing organization, dispensing organization, and/or transporting organization as those terms are

defined in the Cannabis Regulation and Tax Act as said Act may be amended from time to time, and which

are or may be licensed and/or otherwise regulated pursuant to said Act.

ADULT USE CRAFT GROWER. A facility operated by an organization or business that is or may be

licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act to

cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available

for sale at a dispensing organization or use at a processing organization.

ADULT USE CULTIVATION CENTER. A facility operated by an organization or business that is or may

be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and Tax Act to

cultivate, process, transport (unless otherwise limited by the Cannabis Regulation and Tax Act), and perform

other necessary activities to provide cannabis and cannabis-infused products to cannabis business

establishments as defined in the Cannabis Regulation and Tax Act, as said Act may be amended from time

to time.

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ADULT USE DISPENSING ORGANIZATION. A facility operated by an organization or business that is

or may be licensed by the Illinois Department of Financial and Professional Regulation pursuant to the

Cannabis Regulation and Tax Act to acquire cannabis from a cultivation center, craft grower, processing

organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused

products, cannabis seeds, paraphernalia, or related supplies as defined in the Cannabis Regulation and Tax

Act, as said Act may be amended from time to time.

ADULT USE INFUSER ORGANIZATION OR INFUSER. A facility operated by an organization or

business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis

Regulation and Tax Act to directly incorporate cannabis or cannabis concentrate into a product formulation

to produce a cannabis-infused product.

ADULT USE PROCESSING ORGANIZATION OR PROCESSOR. A facility operated by an organization

or business that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis

Regulation and Tax Act to either extract constituent chemicals or compounds to produce cannabis

concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis

product.

ADULT USE TRANSPORTING ORGANIZATION OR TRANSPORTER. An organization or business

that is or may be licensed by the Illinois Department of Agriculture pursuant to the Cannabis Regulation and

Tax Act to transport cannabis on behalf of an adult use cannabis business establishment or a community

college that is or may be licensed under the Community College Cannabis Vocational Training Pilot

Program pursuant to said Act.

ALLEY. A public or private right-of-way not built to the street standards set forth in the Subdivision Control

Regulations and which is intended to afford primary access to properties abutting an arterial or collector or

which is intended to provide secondary access to any properties.

ALTERATION. Shall include any of the following:

(1) Any addition to the height or depth of a building;

(2) Any change in the location of any of the exterior walls of a building; or

(3) Any increase in the interior accommodations of a building.

BED AND BREAKFAST.

(1) A building wherein lodging involving less than seven bedrooms and some meals are provided to the

traveling public and where the owner or a manager also resides.

(2) A “bed and breakfast” is also sometimes referred to as an INN.

BOARD OF TRUSTEES. The Corporate Authorities of the Village of Port Barrington, Lake and McHenry

Counties, Illinois, being its Village President and Trustees. Such Board of Trustees may also be referred to

herein as the “Board” or as the “Village Board”.

BUILDING.

(1) A structure designed to be used as a place of occupancy, storage, or shelter.

(2) The term BUILDING shall be construed as if followed by the words “or parts thereof.”

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(3) Each portion of a BUILDING separated by division walls from the ground up without openings shall

be considered a separate building.

BUILDING, ACCESSORY. A building that is located on the same lot as a principal building and that is

used incidentally to a principal building or that houses an accessory use.

BUILDING, HEIGHT OF. The vertical distance from the mean elevation of the finished grade along the

front of the building to the highest point of the building.

BUILDING, PRINCIPAL. The primary building on a lot or a building that houses or is designed to house

the primary use.

BUSINESS DISTRICTS. The BG, BN, and BW Districts.

CANNABIS REGULATION AND TAX ACT: Illinois Public Act 101-0027 as said Act may be amended

from time to time.

CHILD CARE FACILITY. A building or premises regularly used for recreational or supervisory care of

six or more children unrelated to the operator, but not including foster homes.

DEVELOPER. Any person, firm, or corporation who owns or has an interest in land, and causes it, directly

or indirectly, to be developed; also, the person who is responsible for any undertaking that requires a

certificate of zoning compliance, a conditional use permit, variation, or any other permit issued under this

Chapter.

DEVELOPMENT. That which is done pursuant to a certificate of zoning compliance, conditional use

permit, variation, or any other permit issued under this Chapter, including the construction, erection, repair,

alteration, or addition to any structure, in whole or in part, or the occupancy or change in occupancy of any

land or structure, in whole or in part.

DISABLED PERSON. A person with a temporary or permanent physical, emotional, or mental disability,

but not including mentally ill persons who are dangerous to themselves or others.

DISH ANTENNA, EXEMPT. A dish-shaped antenna that is one (1) meter or less in diameter that is

designed to: (i) receive direct broadcast satellite service, including direct-to-home satellite service; (ii)

receive or transmit fixed wireless signals via satellite; (iii) receive video programming services via

broadband radio service (wireless cable); (iv) receive or transmit fixed wireless signals other than via

satellite; and/or (v) receive local television broadcast signals.

DOMICILIARY HOME.

(1) Any facility which provides residential care for aged or disabled persons whose principal need is a

home which provides the supervision and personal care appropriate to their age or disability.

(2) Medical care at a DOMICILIARY HOME is only occasional or incidental but medication is

administered by designated staff of the home.

(3) Personal care includes direct assistance by designated staff to residents in personal grooming, bathing,

dressing, feeding, shopping, laundering clothes, handling personal finances, arranging transportation,

scheduling appointments, and otherwise attending to personal needs that the residents may be

incapable or unable to attend to themselves. DOMICILIARY HOMES include homes for the aged and

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disabled, assisted living facilities, family care homes, and/or group homes for developmentally

disabled adults.

DRIVEWAY [PRIVATE]. The portion of the vehicle accommodation area that consists of the travel lane

bounded on either side by an area that is not part of the vehicle accommodation area.

DWELLING. A building designed for, or used by, one or more families for residential purposes.

DWELLING, MULTI-FAMILY RESIDENTIAL.

(1) A building or portion thereof used or designed as a residence for three or more families living

independently of each other and doing their own cooking therein, including apartments, apartment

hotels, and group houses.

(2) Such a building is also known as a MULTIPLE-FAMILY RESIDENTIAL DWELLING.

DWELLING, SINGLE-FAMILY RESIDENTIAL.

(1) A detached building designed for or occupied exclusively by one family.

(2) A mobile home or trailer is not included in this definition, regardless of the degree of permanence of

its attachment to the land.

DWELLING, TWO-FAMILY RESIDENTIAL.

(1) A building designed for or occupied exclusively by two families living independently of each other.

(2) Such a building is also known as a DUPLEX.

ELEVATED BUILDING. A building without a basement and constructed so that the lowest floor is

elevated above the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts

and piers), shear walls, or breakaway walls.

EMERGENCY SERVICES.

(1) Those services which serve critical needs of the general public related to health and safety and which

need to be centrally located or dispersed throughout the Village so that they can respond quickly and

effectively to requests to protect or save property and life.

(2) These services include, but may not be limited to, police, fire, and emergency medical services.

ESTABLISHED GRADE. The elevation of the street grade as fixed by the Village.

FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, as

distinguished from a group occupying a boarding house, lodging house, or hotel.

FAMILY CARE HOME. A home with support and supervisory personnel that provides room and board,

personal care, and rehabilitation services in a family environment for not more than six resident disabled

persons.

FENCE, OPEN. A fence in which the openings through which clear vision is possible from one side to the

other on a horizontal plane comprise 70% or more of the total side area of the fence.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally

dry land areas from the overflow of inland waters, and the unusual and rapid accumulation or runoff of

surface waters from any source.

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FLOOD HAZARD BOUNDARY MAP (FHBM). The official map issued by the Federal Emergency

Management Agency.

FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency

Management Agency has delineated both the areas of special flood hazard and the risk premium zones

applicable to the Village.

FLOODWAY. The channel of a river, or other watercourse, and the adjacent land areas that must be reserved

in order to discharge the base flood without cumulatively increasing the water surface elevation more than

one foot.

FLOOR.

(1) The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete

slab construction or top of wood flooring in wood frame construction.

(2) The term does not include the floor of a garage used solely for parking vehicles.

GROSS FLOOR AREA. The total number of square feet within a building devoted to any and all uses,

including the space occupied by the supporting facilities as storage sheds, work areas, toilets, mechanical

equipment, and the like.

HAM RADIO ANTENNA. An antenna which is less than fifty feet (50’) in height and is used for amateur

radio communications. Only one such antenna is permitted on any zoning lot or parcel.

HELIPORT. An area of land, water, or structural surface for discharge or pickup of passengers or cargo

from or by helicopters, plus accessory buildings and uses.

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction,

next to the proposed walls of the structure.

HOME FOR THE AGED AND/OR DISABLED. A domiciliary home which has seven or more residents.

HOME OCCUPATION. A commercial activity that is conducted by a person on the same lot as where the

person resides, and is so insubstantial or incidental or commonly associated with the residential uses as to

be regarded as an accessory use.

HOTEL or MOTEL. Any building or group of buildings containing nine or more rental units for transient

guests.

JUNKYARD.

(1) Any yard for the storage, outside of an enclosed structure, of junk, abandoned goods, wrecked or

damaged motor vehicles, scrap metal, salvaged building materials, or other salvage.

(2) JUNK includes items not capable of then being used for the normal purpose for which the items are

intended without repair, including, but not limited to, nonoperable automobiles, and which are not in

the active process of being repaired.

(3) ABANDONED GOODS include items that are being stored on a lot and do not appear to be intended

for any present or immediately foreseeable use on the lot other than storage.

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LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance

with sound engineering practices to contain, control, or divert the flow of water so as to provide protection

from temporary flooding.

LEVEE SYSTEM. A flood protection system which consists of a levee, or levees, and associated structures,

such as closure and drainage devices, which are constructed and operated in accordance with sound

engineering practices.

LOADING AND UNLOADING AREA. The portion of the vehicle accommodation area used to satisfy the

requirements of ' 154.082.

LOADING AND UNLOADING SPACE. A space suitable for loading and unloading.

LOT. A tract, plot, or portion of a subdivision, or any other parcel of land intended as a unit for the purpose,

whether immediate or future, for transfer of ownership or for building development, or for both.

LOT, FRONT OF.

(1) That side or boundary of a lot which fronts on a street.

(2) In the case of a corner lot, the permit-issuing authority shall determine which side fronting on a street

is the front of lot.

(3) In making that determination, the authority shall consider the relative frontage that the lot has on each

street, the nature of existing development on each street, and the proposed or existing orientation of

the structures as shown on the site plan.

(4) In general, the frontage for residential development should be considered to be that of the street with

the lowest street classification, e.g., a local street has lower classification than a collector street, and a

collector street has a lower classification than an arterial street..

(5) The frontage for nonresidential development should be just the opposite, i.e., the frontage of that street

with the highest classification.

LOT LINES. The lines bounding a lot as herein defined.

LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of

the Recorder of Deeds of Lake or McHenry County prior to the adoption of this Chapter, or a lot described

by metes and bounds, the description of which has been so recorded prior to the adoption of this Chapter.

MAJOR PUBLIC UTILITY FACILITIES. Utility facilities intended to serve more than neighborhood

demands including transformer stations, high voltage transmission lines and transmission line structures,

and transmitting or relay stations.

MANUFACTURED HOMES. Any mobile home, trailer, or similar transportable structure designed or

intended for occupancy as a dwelling unit.

MEAN SEA LEVEL.

(1) The average height of the sea for all stages of the tide.

(2) This phrase is used as a reference for establishing various elevations with the flood plain.

(3) For purposes of this Chapter, the phrase “mean sea level” is synonymous with NATIONAL

GEODETIC VERTICAL DATUM (NGVD).

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MOBILE HOME. Any structure that:

(1) Consists of a single unit primarily assembled at the factory, or of two (double-wide) or three

(triple-wide) principal components primarily assembled at the factory and joined together at the site;

(2) Is designed so that the total structure, or most of the components thereof, can be transported on its

own chassis;

(3) Is over 40 feet in length and over eight feet in width;

(4) Is designed so that it could be used as a dwelling; and

(5) Is not constructed in accordance with standards set forth in the building code.

MOBILE HOME PARK.

(1) Any premises used or intended to be used or occupied by two or more mobile homes for a period of

14 days or more, whether on wheels or anchored in place, or supported by a foundation or other

stationary supports, together with automobile parking space, utility structures, or other required

facilities incidental thereon.

(2) The phrase “mobile home park” shall not include mobile home sales lots on which only unoccupied

mobile homes are parked for purposes of inspection or sales.

MOBILE HOME SPACE. A parcel of land in a mobile home park occupied or intended to be occupied by

one and only one mobile home, and for the exclusive use of the occupants of the mobile home.

NATIONAL GEODETIC VERTICAL DATUM (NGVD). A vertical control, as corrected in 1929, used as

a reference for establishing varying elevations within the flood plain.

NEIGHBORHOOD LAUNDRIES. A laundry intended to serve neighborhood demand, including

self-service laundries, and limited in space to not more than 2,000 square feet and in number of persons

employed at one time to not more than four.

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective

date of the respective applicable portion of this Chapter.

NIGHT CLUB, TAVERN, or LOUNGE.

(1) An establishment where either the gross receipts from alcoholic beverages exceed the gross receipts

from non-alcoholic beverages and food, or where food or beverages are served and live entertainment

presented.

(2) Where a NIGHT CLUB, TAVERN, or LOUNGE is located in a hotel or motel with a restaurant that

might not otherwise meet the definition set forth above, the Zoning Administrator shall consider the

relative size of the facilities and determine whether the use is an accessory use.

NONCONFORMING LOT. A lot existing after the effective date of the respective applicable portion of

this Chapter that does not meet the minimum area, lot width, or other dimensional requirement of the district

in which the lot is located.

NONCONFORMING PROJECT. Any structure, development, or undertaking that is substantially

incomplete at the effective date of the respective applicable portion of this Chapter and would be inconsistent

with any regulation applicable to the district in which it is located if completed as proposed or planned.

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NONCONFORMING SITUATION. A situation that occurs when, on the effective date of the respective

applicable portion of this Chapter, an existing lot or structure or use of an existing lot or structure does not

conform to one or more of the applicable regulations for the district in which the lot or structure is located.

NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or

in a manner made unlawful by the use regulations applicable to the district in which the property is located.

NONRESIDENTIAL DISTRICTS. All districts other than residential districts.

NURSING HOME.

(1) A facility maintained for the purpose of providing nursing or convalescent care for three or more

persons unrelated to the licensee.

(2) A NURSING HOME is a home for chronic or convalescent patients who, on admission, are not, as a

rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray

facilities, laboratory facilities, and obstetrical facilities.

PARKING AREA AISLES. The portion of the vehicle accommodation area consisting of lanes providing

access to parking spaces.

PARKING, OFF-SITE. A parking lot or area that is located on a separate lot from the principal use, whether

or not such parking is required.

PARKING, ON-SITE. A parking lot or area that is located on the same lot or parcel as the principal use,

whether or not such parking is required.

PARKING, SHARED. A public or private parking area used jointly by two (2) or more uses.

PARKING SPACE OR STALL. The portion of the vehicle accommodation area set aside for the parking

of one vehicle.

PERMIT ISSUING AUTHORITY. The person or board responsible for issuing the permit authorizing

development and/or use under this Chapter, namely the Zoning Administrator in the case of the certificate

of zoning compliance or the Zoning Board of Appeals in the case of a conditional use permit or variation.

PETITION TO AMEND THE ZONING ORDINANCE. A request to change or amend this Chapter or the

Official Zoning Map made by the Village’s Board of Trustees, the Village Administrator, the Zoning

Administrator, the Plan Commission, and/or the Zoning Board of Appeals.

PORTABLE STORAGE UNIT. Any container, whether or not consisting of a trailer, semi-trailer, or any

other container, whether or not equipped with wheels or rollers, which is designed, intended for use for

storage, and/or used for storage, but this term and definition shall not be applicable to a vehicle or container

used by an occupant of the premises for recreational purposes, or to a vehicle used regularly off-site by an

occupant of the premises in such person’s profession or occupation, and/or used regularly off-site for the

transport of equipment and/or materials used in such person’s profession or occupation, provided, however,

such excepted vehicle(s) shall remain subject to other applicable regulations of this Code of Ordinances,

including but not limited to Chapter 70, “Parking Regulations”, of the Code of Ordinances and Section

154.118, “Home Occupations”, of Chapter 154, the Zoning Code.

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PREMISES. A lot and the structure or structures located on it.

PUBLIC NOTICE. Unless otherwise specified herein or otherwise required by law, public notice of a

hearing means notice of the time and place thereof published in a newspaper of general circulation in the

Village not less than thirty (30) days nor more than fifteen (15) days prior to the date of the public hearing..

RESIDENTIAL DISTRICTS. Any of the following districts: E, R, NC, and OI.

ROOMING HOUSE.

(1) A residential use consisting of at least one dwelling unit together with more than two rooms that are

rented, or are designed or intended to be rented, but which rooms, individually or collectively, do not

constitute separate dwelling units.

(2) The phrase “rooming house” also refers to a “boarding house.”

(3) A ROOMING HOUSE or boarding house is distinguished from a tourist home in that the former is

designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to

overnight or weekly guests.

(4) A ROOMING HOUSE or boarding house is distinguished from a family care facility (home or

institution) in that persons living or intended to live therein are not disabled or in need of special

personal care of the sort that would usually be administered by a nurse, therapist, or other medical

personnel, including, but not limited to, the administration of medication.

SCREEN. A screen is a physical structure designed and intended to provide a visual or sound attenuation

barrier.

SINGLE-FAMILY RESIDENTIAL DISTRICTS. The E, R and NC Districts.

SITE PLAN.

(1) A drawing made to scale and meeting the requirements of '' 154.165 through 154.172.

(2) Drawings involving land disturbance greater than one-half acre in size are required to have an

approved soil erosion and sedimentation control plan.

START OF CONSTRUCTION.

(1) The date the building permit was issued provided the actual start of construction, repair,

reconstruction, or improvement was within 180 days of the permit date.

(2) The ACTUAL START means the first placement of permanent construction of a structure on a site,

such as the pouring of slabs or footings, installation of piles, construction of columns, or any work

beyond the stage of excavation.

(3) PERMANENT CONSTRUCTION does not include land preparation or the installation on the

property of accessory buildings.

STORY.

(1) The part of a building comprised between a floor and the floor below, or a floor and the floor or above.

(2) A mezzanine shall be considered a STORY if it exceeds 25% of the area of the floor immediately

below.

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STREET.

(1) A right-of-way for motor vehicle use.

(2) See Chapter 153 of this Village Code for distinction between public and private streets and between

types of streets, i.e., arterial, collector, subcollector, local, and minor streets.

STREET CENTERLINE. Imaginary line lying halfway between the two edges of the street pavement.

STREET LINE or RIGHT-OF-WAY LINE. The street line is the dividing line between the street and the

lot, as established by the Village.

STREET WIDTH. The distance between the parallel right-of way lines of a street (street lines) measured

at right angles to the lines.

STRUCTURE.

(1) Anything constructed or erected, the use of which requires location on the land, or attached to

something having a location on the land.

(2) The term STRUCTURE shall be construed as if followed by the words Aor part thereof@

SUBSTANTIAL ADDITION OR CHANGE.

(1) A SUBSTANTIAL ADDITION is an addition of 4,000 or more square feet of nonresidential building

floor space or an increase of at least 33% to the gross floor area of all of the buildings on the same lot.

(2) A SUBSTANTIAL CHANGE in use is one that will cause at least a 33% increase in the number of

trips generated from the site.

TEMPORARY USE. (See Section 154.121, “Temporary Uses”)

TOURIST HOME.

(1) A private residence in which short-term lodging and board are offered to the traveling public for

compensation to not more than eight guests.

(2) This definition is also known as a ROOMING HOUSE.

TRAVEL TRAILER. A portable vehicular structure designed for short-term occupancy for travel and

recreational purposes.

USE, PRINCIPAL. The primary purpose or function that a parcel serves or is intended to serve.

VEHICLE ACCOMMODATION AREA.

(1) The portion of a lot that is used by vehicles for access, circulation, parking, storage, stacking, awaiting

services, loading, and unloading.

(2) Such area includes the total of circulation areas, loading and unloading areas, parking areas, stacking

lanes, and storage areas.

ZONING ADMINISTRATOR. The person(s) named by the Village Board to administer this Chapter.

(Ord. 9-1-A, passed 03/21/1996; Amd. Ord. 2014-9-1-B, passed 04/16/2014; Amd. Ord. 2019-12-01, passed 12/04/2019;

Amd. Ord. 2019-12-03, passed 12/18/19; Amd. Ord. 2020-04-01, passed 04/01/2020)

15-154-14 Title XV

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GENERAL STANDARDS

' 154.015 ZONING AFFECTS EVERY BUILDING AND USE.

Except as hereafter provided, no structure shall be constructed, reconstructed, or structurally altered, nor shall any

structure or land be used or maintained, nor shall any site preparations be commenced in furtherance of the use of

the property, except in compliance with the regulations established by this Chapter.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2014-9-1-B, passed 4/16/2014) Penalty, see ' 154.999

' 154.016 STRUCTURES EXEMPT FROM THIS CHAPTER.

(A) Generally. Notwithstanding the provisions of Section 154.015 set forth above, those structures listed in

Paragraph B and Paragraph C hereof, when located within the public right-of-way or on private property

within an easement for public use and access, or when previously approved as part of a subdivision, are

exempt from the jurisdiction of this Chapter:

(B) Specifically.

(1) Sidewalks;

(2) Roads;

(3) Water, sewer, and storm sewer lines, hydrants, manholes, valves, curbing, and the like;

(4) Electric and telephone wires, cables, poles, transformer boxes, and similar equipment directly serving

uses within the Village; street furniture;

(5) Ponds;

(6) Detention and retention facilities.

(C) Other Exempt Structures: The following structures are exempt when located on private or public property

with the written consent of the owner of such property:

(1) One or more dish antennae which is or are each one (1) meter or less in diameter; and

(2) Ham radio antenna under fifty feet (50’) in height, but only one such antenna is permitted on any

zoning lot or parcel.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2020-04-01, passed 04/01/2020)

' 154.017 OPEN SPACE SHALL NOT BE ENCROACHED UPON.

(A) Generally.

(1) The minimum yard or other open space required for one structure shall not again be considered as

yard or other required open space for another use of land.

(2) Furthermore, no lot shall be reduced in area so that the yards or other open space and lot area or width

become less than required by this Title.

(B) Structures Allowed Within Yards.

(1) The structures designated in the Table in Appendix A, “Structures Permitted in Yards,” shall, where

marked by an AX,@ be allowed within the applicable type yard.

15-154-15 Title XV

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(2) However, no structure, other than a fence, shall be allowed within three feet of any side or rear

property line.

(C) Structures Allowed to Exceed Maximum Height. Except as set forth below, no structure shall be erected,

converted, enlarged, reconstructed, or structurally altered to exceed the height limit established in this

section for the district in which the structure is located.

(1) The features set forth below, when attached to a principal building, may be constructed to a height

that does not exceed the district height limitation plus 15 feet, provided design standards set forth in

this Paragraph (C) are met:

(a) Chimneys, church spires, elevator shafts, and similar structural appendages not intended as

places of occupancy or storage;

(b) Flagpoles, radio and television aerials, and similar devices; and

(c) Heating and air-conditioning equipment, solar collectors, tanks, ventilating fans, sky lights, and

similar equipment, fixtures, and devices.

(2) The following standards shall be met whenever any of the above features exceed the maximum height

limitation.

(a) Not more than one-third of the total roof area in the aggregate may be consumed with any or all

of the above features.

(b) The features shall be set back from the edge of the roof a minimum distance of one foot for

every foot by which the features exceed the height limitation of the district.

(c) The features shall be located and screened in such a manner so as to minimize the visibility from

the public right-of-way within 600 feet of the building.

(D) Obstructions on Corner Lots. No structure shall be erected, and no shrub or tree shall be planted or allowed

to grow, in such a manner that it would impede the view of a motor vehicle driver in seeing another motor

vehicle where both vehicles are located within 100 feet of the intersection of the centerlines of the

intersecting streets.


' 154.018 BUILDINGS ON A LOT.

(A) Residential Districts. In single-family residence districts, every single-family dwelling hereafter erected or

structurally altered shall be located on a lot, and there shall be not more than one dwelling unit on a lot.

(B) Many Uses On One Lot. When two or more uses occupy the same lot, the dimensional requirements of the

more (or most) restrictive use shall apply.


15-154-16 Title XV

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' 154.019 EVERY LOT MUST ABUT A STREET.

No new principal use or structure in such a use, other than one for agricultural or recreational purposes, or for

single-family residential attached dwellings or a planned unit development, shall be established on a lot in the

Village which does not abut a dedicated and accepted public street or private street built to public road standards.

(Ord. 9-1-A, passed 3/21/1996) Penalty, see ' 154.999

' 154.020 BUILDING IN FLOOD PLAIN.

No new building, or alteration or enlargement of an existing building, shall hereafter be erected having an elevation

of any floor, including the crawl space floor, basement floor, or cellar floor, whichever is applicable, that is lower

than permitted by Chapter 155 of this Village Code.


' 154.021 DISTRICT BOUNDARIES.

(A) Generally.

(1) The boundaries of each zoning district are hereby established as shown on the Official Zoning Map.

(2) Whenever uncertainty exists as to the boundaries of districts shown on the map, the following

guidelines shall apply.

(3) Boundaries indicated as approximately following the centerlines of streets, utility easements, railroad

lines, streams, property lines, or the Village limits shall be construed as following those lines.

(4) Where the boundaries appear to follow two or more of the above features, the boundary shall be

construed to favor the interpretation that resolves the issue in the context of the broader area.

(B) Divided Lots.

(1) Where a boundary divides a lot or tract which has an area less than one-half acre in size, the lot shall

be construed to lie entirely within the zoning district in which the majority of the lot resides.

(2) Where a boundary divides any other lot, each part of the lot so divided shall be developed consistent

with the regulations of the district in which it lies.


' 154.022 FRACTIONAL REQUIREMENTS.

When a requirement of this Chapter, other than that determining density, results in a fraction of a unit, a fraction

of one-half or more shall be considered a whole unit, and a fraction of one-half or less shall be disregarded. In

determining density, any fraction shall be disregarded.

(Ord. 9-1-A, passed 3/21/1996)

15-154-17 Title XV

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' 154.023 AUTOMATIC CLASSIFICATION OF CERTAIN ANNEXED TERRITORY.

When territory is annexed to the Village and the zoning classification thereof is not established pursuant to the

terms of an annexation agreement, the parcel shall be automatically classified “E” Very Low Density Residential

District.

(Ord. 9-1-A, passed 3/21/1996)

DISTRICT REGULATIONS

' 154.035 ESTABLISHMENT OF ZONING DISTRICTS.

For purpose of this Chapter, the Village is divided into the following zoning districts:

(A) E, Very Low Density Residential District;

(B) R, Low Density Residential District;

(C) NC, Neighborhood Conservation Residential District;

(D) OI, Office Institutional and Multi-Family Residential District;

(E) BG, General Business District;

(F) BN, Neighborhood Business District;

(G) BW, Waterfront Business District; and

(H) M, Manufacturing District.


' 154.036 PURPOSES OF THE DISTRICTS.

(A) Very Low Density Residential, Low Density Residential, and Neighborhood Conservation Residential (E,

R, and NC) Districts.

(1) The Very Low Density Residential District, the Low Density Residential District, and the

Neighborhood Conservation Residential District are designed primarily to accommodate

single-family detached residential uses other than mobile homes at a range of densities. These districts

may also accommodate institutional uses which directly service the residential community and which

provide it with a sense of neighborhood, namely neighborhood schools, parks, and churches.

Furthermore, these districts may also accommodate some group home and care facilities which need

to be located in stable residential areas in order to foster the adjustment of persons back into the

community.

(2) The Very Low Density District is intended to address development without public water or sewer.

(3) The Low Density District is intended to address future residential development in the Village served

by public or community facilities.

(4) The Neighborhood Conservation Residential District is intended to address existing residential

development with its small lots on well and septic, but taking into consideration potential service with

public water and sewer.

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(B) Office Institutional and Multi-Family Residential (OI) District.

(1) The Office Institutional and Multi-Family Residential District is intended to accommodate high

density single-family detached residential uses, multi-family and single-family attached residential

uses, and office and institutional uses.

(2) This district may also accommodate a broader range of institutional uses than would be allowed in the

single-family residential districts and some office uses.

(C) General Business, Neighborhood Business, and Waterfront Business (BG, BN, and BW) Districts.

(1) The purpose of the business districts is to accommodate a range of commercial activities.

(2) The BG District is designed to accommodate the general retail needs near major highways and in

shopping areas. This district may also accommodate some office, service, institutional, and wholesale

uses.

(3) The BN District is designed to address neighborhood (as opposed to community) commercial needs.

BN Districts should not be located on arterials or collectors, and should be limited to one area under

five acres per neighborhood.

(4) The BW District is designed to accommodate commercial waterfront uses.

(D) Manufacturing (M) District.

(1) The purpose of the Manufacturing District is to accommodate a range of industrial, institutional,

wholesale, and storage needs.

(2) This district may also accommodate some Adifficult to site@ uses that are needed in the community,

such as treatment plants and the like.

(3) Industrial uses will need to meet performance standards.


' 154.037 PERMITTED USES.

(A) Generally.

(1) The following uses shall be permitted in the applicable districts as indicated in the Table of Permitted

Uses in Appendix B.

(2) Uses which are marked by an “X” in the Table shall be allowed with a zoning permit; uses which are

marked by a “C” in the Table may be allowed by a conditional use permit granted by Village

ordinance. The fact that a use is authorized as a conditional use only within a particular district is not

intended to and does not create any presumption that a particular use, even if authorized as a

conditional use, is compatible with such zoning district or any presumption that such use will not have

any adverse impacts on surrounding properties within that particular district.

(3) Uses not marked by either an “X” or “C” in the Table are not permitted.

(B) Uses Not Included.

(1) In the event that a use is proposed that is not listed in the Table of Permitted Uses, the Administrator

shall determine if the use is the same or similar to a use identified.

(2) If so, he or she shall treat the use in the same manner as the Asimilar@ use. If not, the use shall be

treated as not permitted.

15-154-19 Title XV

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(C) Combined Uses.

(1) Where a single business entity proposes to or is engaged in more than one principal use on a lot, or

where two or more uses are located on one lot, each use must be permitted in the district in which it

is located.

(2) In the event that one or more of the uses proposed require a conditional use permit and others may

require zoning variations, the applicant may elect to have all the uses authorized as part of the same

conditional use.


' 154.038 DIMENSIONAL CRITERIA.

(A) (1) The Table in Appendix C, known as the Table of Dimensional Criteria, addresses the dimensional

requirements (also known as the bulk standards) required of any use or development of a lot in the

applicable district. These standards must be read in conjunction with '' 154.115 through 154.118,

addressing selected uses.

(2) Where there is a conflict between the two standards, unless the supplemental standard specifically

provides otherwise, the more restrictive standard shall apply.

(B) In interpreting the Table, the column headings shall be interpreted as follows.

COVER.

(a) The maximum percentage of the area of the lot that can be developed in developmental uses.

(b) Developmental uses include the ground floor area of buildings and accessory structures, vehicle

accommodation areas, and other uses except open space and park uses.

(c) Uses characterized by impervious surfaces are presumed to be developed uses.

FLOOR AREA. The minimum floor area in habitable space of the principal building expressed in square

feet.

FRONT YARD.

(a) The minimum distance in feet that a structure must be set back from the street right-of-way along the

front of the lot; also known as the SETBACK.

(b) Where a lot in a residential district borders two or more streets, the determination of front yard shall

proceed consistent with guidelines set forth in this Chapter.

HEIGHT. The maximum height in feet of that part of the structure that faces the street as measured from

the finished grade elevation perpendicularly to the highest point of the structure.

LOT AREA. The minimum lot area in square feet of a lot.

LOT WIDTH. The minimum lot width in feet of a lot as measured at the front setback.

15-154-20 Title XV

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NONRESIDENTIAL DENSITY. The maximum density as expressed in thousands of square feet of gross

floor area per acre that can be constructed by nonresidential uses on a lot.

OTHER SIDE YARD. The minimum distance in feet that a structure must be set in from the side property

line other than a side yard adjacent to a street.

REAR YARD. The minimum distance in feet that a structure must be set in from the rear property line.

RESIDENTIAL DENSITY. The maximum density as expressed in the number of dwelling units per acre

that may be constructed on the lot.

SIDE YARD ADJACENT TO A STREET. The minimum distance in feet that a structure must be set in

from the side property line when that line is adjacent to a street.


'154.039 GROUNDWATER PROTECTION OVERLAY DISTRICT

(A) Purpose and Intent:

(1) The Corporate Authorities of the Village of Port Barrington recognize that many Village residents

rely on groundwater for their safe drinking water supply from public or private wells, and that certain

land uses can contaminate groundwater and/or aquifers. To ensure the protection of these drinking

water supplies, this Chapter establishes a zoning overlay district which shall be known as the

Groundwater Protection Overlay District.

(2) The Groundwater Protection Overlay District is superimposed on the current Zoning Districts of the

Village and shall apply to all new construction, reconstruction, or expansion of existing buildings and

new or expanded uses. Applicable activities/uses allowed in a portion of one of the underlying Zoning

Districts which fall within the Groundwater Protection Overlay District must additionally comply with

the requirements of this Overlay District. Uses prohibited in the underlying Zoning Districts shall not

be permitted in the Groundwater Protection Overlay District.

(B) Definitions:

For purposes of this Section, the “Abbreviations and Definitions” set forth in Section 54.01 of Chapter 54,

“Groundwater Protection Regulations” of this Code, shall be incorporated into and be made part of this

Section by reference, as if fully set forth herein, in addition to the following terms which are defined below:

AQUIFER: A geological formation, group of formations, or part of a formation composed of rock, sand or

gravel capable of storing and yielding groundwater to wells and springs.

CONTAMINATION: An impairment of water quality by chemicals, radionuclides, biologic organisms, or

other extraneous matter whether or not it affects the potential or intended beneficial use of water.

DEVELOPMENT: The carrying out of any construction, reconstruction, alteration of surface or structure

or change of land use or intensity of use.

FACILITY: Something that is built, installed, or established for a particular purpose.

GREY WATER: All domestic wastewater, except toilet discharge water.

15-154-21 Title XV

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GROUNDWATER PROTECTION OVERLAY DISTRICT: The zoning district defined to overlay other

zoning districts in the jurisdiction of the Village of Port Barrington. This overlay district may include

specifically designated recharge areas that collect precipitation or surface water and carry it to

aquifers.

HAZARDOUS MATERIAL: A material which is defined in one or more of the following categories:

Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture, or

which has low flash points. Examples: white phosphorous and gasoline.

Carcinogenic: A gas, liquid or solid which is normally considered to be cancer-causing or mutagenic.

Examples: PCB’s in some waste oils.

Explosive: A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably

if exposed to heat, shock, pressure or combinations thereof. Examples: Dynamite, organic

peroxides and ammonium nitrate.

Highly Toxic: A gas, liquid or solid so dangerous to man as to afford an unusual hazard to life.

Example: Chlorine gas.

Moderately Toxic: A gas, liquid or solid which through repeated exposure or in a single large dose

can be hazardous to man.

Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue,

or in case of leakage might damage or destroy other containers of hazardous materials and cause

the release of their contents. Examples: Battery acid and phosphoric acid.

PRIMARY CONTAINMENT FACILITY: A tank, pit, container, pipe or vessel of first containment of a

liquid or chemical.

RELEASE: Any unplanned or improper discharge, leak, or spill of a potential contaminant including a

hazardous material.

SECONDARY CONTAINMENT FACILITY: A second tank, catchment pit, pipe, or vessel that limits and

contains liquid or chemical leaking or leaching from a primary containment area; monitoring and

recovery are required.

SHALLOW/SURFICIAL AQUIFER: An aquifer in which the permeable medial (sand and gravel) starts

at the land surface or immediately below the soil profile.

SPILL RESPONSE PLANS: Detailed plans for control, recontainment, recovery, and clean-up of

hazardous material releases, such as during fires or equipment failures.

STORMWATER TREATMENT PRACTICES (STPs): Measures, either structural or nonstructural, that

are determined to be the most effective, practical means of preventing or reducing point source or

non-point source pollution inputs to stormwater runoff and water bodies.

(C) Zones Within the Groundwater Protection Overlay District:

(1) Zone 1: Groundwater Critical Impact Zone: Zone 1 is defined as the area within 1,000 feet of any

public or private water well(s), whether such well provides a public or a private potable water supply.

15-154-22 Title XV

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(a) Encouraged Uses: The following uses are encouraged within Zone 1 provided they meet the

appropriate performance standards outlined in Subparagraph (C)(1)(c) below and are designed

so as to prevent any groundwater contamination:

Parks, greenways, or publicly-owned recreational areas such as pedestrian, bicycle, and

bridges.

Necessary public utilities/facilities including the construction, maintenance, repair, and

enlargement of drinking water supply related facilities such as, but not limited to,

wells, pipelines, aqueducts, and tunnels.

Conservation areas and open space, soil, water, plants, and wildlife.

(b) Conditional Use Exceptions: The following uses shall be permitted only pursuant to a

Conditional Use Permit which must be granted by an ordinance approved by the Corporate

Authorities of the Village. Such uses shall also conform to provisions of the underlying Zoning

District and meet the performance standards outlined in Subparagraph (C)(2)(c) which are

applicable to the Groundwater Protection Overlay District.

Expansion of any existing nonconforming uses to the extent also allowed by the underlying

district. The Village reserves the right to review all applications and shall not grant approval of

a Conditional Use Permit for the expansion of any nonconforming use unless it finds such

expansion does not pose greater potential contamination of groundwater than the existing use.

(c) Prohibited Uses: The following uses, unless granted a variation, are prohibited within Zone 1

within One Thousand Feet (1,000’) of any public or private well:

Automobile body shop;

Automobile repair shop;

Gas station;

Fleet/trucking/bus terminal;

Dry cleaner;

Electrical/electronic manufacturing facility;

Machine shop;

Metal plating/finishing/fabricating facility;

Chemical processing or storage facility, other than those for storage of

municipal road salt and related liquids;

Wood preserving/treating facility;

Junk/scrap/salvage yard;

Mines/gravel pit;

Irrigated nursery/greenhouse stock;

Confined animal feeding operations;

Land divisions resulting in high density (>1 unit/acre) septic systems;

Equipment maintenance/fueling areas;

Injection wells/dry wells/sumps, except for single-family residences directing gutter

downspouts to a dry well;

Underground storage tanks (except those with spill, overfill, and double-walled corrosion

protection requirements in place);

All other facilities involving the collection, handling, manufacture, use, storage, transfer or

disposal of any solid or liquid material or waste having potentially harmful impact on

groundwater quality;

All uses not permitted in the underlying Zoning District.

15-154-23 Title XV

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(2) Zone 2: Groundwater Potential Impact Zone: Zone 2 is established as the remainder of the

Groundwater Protection Overlay District which shall be co-terminous with the corporate limits of the

Village of Port Barrington not included in Zone 1.

(a) Permitted Uses: All uses permitted in the underlying Zoning Districts provided that they can

meet the Performance Standards applicable to the Groundwater Protection Overlay District.

(b) Special Exceptions: All variations allowed in underlying Zoning Districts shall be approved by

the Corporate Authorities of the Village pursuant to a zoning variation ordinance or a

conditional use permit, but only if the use for which the variation is granted can also meet

performance standards applicable to the Groundwater Protection Overlay District.

(c) Performance Standards: The following standards shall apply to uses in Zones 1 and 2 of the

Groundwater Protection Overlay District:

(1) Any facility involving the collection, handling, manufacture, use, storage, transfer or

disposal of any solid or liquid material or wastes, unless granted a special exception either

through permit or another ordinance, must have a secondary containment system which

is easily inspected and whose purpose is to intercept any leak or release from the primary

containment vessel or structure. Underground tanks or buried pipes carrying such

materials must have double walls and inspectable sumps.

(2) Open liquid waste ponds containing hazardous materials will not be permitted without a

secondary containment system.

(3) Storage of petroleum products in quantities exceeding fifty (50) gallons at one locality in

one tank or in a series of tanks, other than tanks maintained by the Village for the purpose

of allowing residents to recycle their used motor oil, must be in elevated tanks; such tanks

must have a secondary containment system as described in (c)(1) above where it is

deemed necessary by the Zoning Officer.

(4) All permitted facilities must adhere to appropriate federal and state standards for storage,

handling and disposal of any hazardous waste materials.

(5) An acceptable contingency plan for all permitted facilities must be prepared for

preventing hazardous materials from contaminating the shallow/surficial aquifer should

floods, fire, or other natural catastrophes, equipment failure, or releases occur:

(a) For flood control, all underground facilities shall include but not be limited to a

monitoring system and secondary standpipe above the 100-year flood control level,

for monitoring and recovery. For above-ground facilities, an impervious dike,

above the 100-year flood level and capable of containing 100 percent of the largest

volume of storage, will be provided with an overflow recovery catchment area

(sump).

(b) For fire control, plans shall include but not be limited to a safe fire-fighting

procedure, a fire retarding system, effective containment of any liquid runoff, and

provide for dealing safely with any other health and technical hazards that may be

encountered by disaster control personnel in combating fire. Hazards to be

considered are pipes, liquids, chemicals, or open flames in the immediate vicinity.

15-154-24 Title XV

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(c) For equipment failures, plans shall include but not be limited to: (i) below-ground

level, removal and replacement of leaking parts, a leak detection system with

monitoring, and an overfill protection system; (ii) above-ground level, liquid and

leaching monitoring of primary containment systems, the replacement or repair and

cleanup and/or repair of the impervious surface.

(d) For any other release occurring, the owner and/or operator shall report all incidents

involving liquid or chemical material to the groundwater protection coordinator

designated by the Village.

(3) Since it is known that improperly-abandoned wells can become a direct conduit for contamination of

groundwater by surface water, all abandoned wells shall be properly plugged according to local and

state regulations.

(D) Liability:

Nothing in this Chapter shall be construed to imply that the Village of Port Barrington has accepted any

liability if a permitted facility or use contaminates groundwater in any aquifer.

(E) District Boundary Disputes:

If the location of the Groundwater Protection Overlay District boundary in relation to a particular parcel is

in doubt, resolution of boundary disputes shall be through a Plat of Survey determining the distance of the

proposed newer expanded use from all existing public or private potable water wells. The burden of proof

shall be upon the owner(s) of the land to demonstrate where the boundaries of the district with respect to

their individual parcel(s) of land show should be located. If the owner(s) request that the local government

agency determine more accurately the boundaries of the district with respect to individual parcels of land,

the agency may engage a professional engineer, hydrologist, geologist, or soil scientist and charge the

owner(s) for the cost of the investigation.

(F) Enforcement:

(1) Any person may submit a verbal or written complaint alleging a violation of this Chapter.

(2) Upon receipt of a complaint, the Zoning Officer shall conduct a brief investigation of the substances

of the complaint.

(3) Based upon the Zoning Officer’s determination that a violation of this Chapter exists, the Zoning

Officer shall send written notification thereof to the alleged violator and to the owner and/or occupant

of the subject property by regular or certified mail briefly describing the violation of this Chapter and

including a request by the Village for correction of the violation within a specified timeframe, i.e.,

within ten (10) days from the date of mailing said notice. The notice shall also indicate that should

the alleged violator refuse or fail to take the requested corrective actions within the timeframe

specified in said notice, action may be taken by the Village to enforce this Chapter and abate the

violation, and the Village shall invoice the violator, with a copy of said invoice also being sent to the

owner(s) and/or occupant(s) of the subject property, for all costs incurred by the Village to reimburse

the Village for the corrective action taken by the Village, the costs of which shall constitute a lien on

the subject property.

(Ord. 2015-11-02, passed 11/18/2015) Penalty, see ' 154.999

15-154-25 Title XV

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SIGN REGULATIONS

' 154.050 GENERAL REQUIREMENTS.

(1) Except for ordinary maintenance and repair, no permanent sign or temporary sign, or part thereof, may be

erected, altered, constructed, changed, converted, enlarged, or moved, except in conformity with the

requirements in this Subchapter.

(2) Notwithstanding anything contained in these Sign Regulations appearing to the contrary, these Sign

Regulations shall be construed to the greatest extent possible consistent with the United States Constitution,

the Illinois Constitution, and other applicable State and Federal laws.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2016-09-21-01, passed 09/21/2016) Penalty, see ' 154.999

' 154.051 SIGN DEFINITIONS.

For the purpose of this Subchapter, the following definitions shall apply unless the context clearly indicates or

requires a different meaning.

BUILDING SIGN.

(1) Any sign which is erected upon or against a wall of a building not projecting more than 12 inches

from it.

(2) Wording painted on, displayed on, or otherwise affixed to the interior or exterior of a window facing

a right-of-way shall constitute a BUILDING SIGN.

DIGITAL SIGN or DIGITAL DISPLAY: A sign that consists of internally illuminated components that

display an electronic image, which may or may not include text and is capable of changing the message

periodically. Digital Displays may include but are not limited to television screens, holographic displays,

programmable ink, LCD, LED, or plasma displays.

FACE OF A SIGN. The entire surface area of a sign upon which copy is placed.

FLAG: A temporary sign printed on and/or made of fabric or other flexible material which is mounted and

flown on a single pole. Notwithstanding anything otherwise contained in these Sign Regulations to the

contrary, the U. S. Flag Code, rather than these Sign Regulations, shall be applicable to the display of all

flags of the United States of America.

FLASHING SIGN/BLINKING SIGN: A sign whose artificial illumination is not kept constant in intensity

at all times when in use and which exhibits changes in light, color, direction, or animation. This definition

does not include electronic signs or digital displays that meet the requirements set forth herein.

FOOTCANDLE: A unit of incident light (on a surface) stated in lumens per square foot and measurable

with an illuminance meter, a/k/a footcandle or light meter. One (1) footcandle is equal to one (1) lumen per

square foot.

GROUND SIGN or LOT SIGN. Any sign erected on a supporting structure, mast, post, or pole and not

attached to, supported by, or suspended from any structure, including low ground signs, ground signs, and

pole signs.

15-154-26 Title XV

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ILLUMINATED SIGN: A sign with electrical equipment installed for illumination, either internally

illuminated through its sign face by a light source contained inside the sign or externally illuminated by a

light source aimed at its surface. Digital signs and digital displays shall not be considered internal

illumination for the purposes of this ordinance.

LOW GROUND SIGN. Any ground sign with a height of less than four feet.

MARQUEE SIGN. Any sign erected, stenciled, attached to, or suspended from a marquee or awning.

OFF-PREMISES SIGN. Any sign which is located on a lot other than the one on which the use to which

it pertains is located.

ON-PREMISES SIGN. Any sign which is located on the same lot as the use to which it pertains.

PERMANENT SIGN: Any sign that is not a temporary sign.

POLE SIGN. Any sign resting or projecting from a pole.

PORTABLE SIGN. Any sign which is designed to move from place to place and which may rest upon but

is not otherwise affixed to the ground, a structure, building, or other surface.

PROJECTING SIGN. Any sign erected upon a building wall and extending more than 12 inches beyond

the wall.

SIGN. Any identification, description, animation, illustration, or device, illuminated or non-illuminated,

which is visible from any right-of-way and which directs attention to any realty, product, service, place,

activity, person, institution, performance, commodity, firm, business, or solicitation, including any

permanently installed or situated merchandise or any emblem, painting, banner, poster, bulletin board, flag,

pennant, placard, or temporary sign designed to identify or convey information.

TEMPORARY SIGN: A sign that, by reason of the material(s) with which it is constructed and/or its

manner of construction, is intended or designed to remain for only a short, limited duration of time, generally

not to exceed sixty (60) days, except as otherwise provided in this Chapter.

VEHICLE SIGN: A sign attached to an operable or inoperable motor vehicle, van, or trailer which is parked

or placed in position where it is intended to function as a permanent or temporary sign for the premises on

which it is located.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2014-9-1-B, passed 4/16/2014; Amd. Ord. 2016-09-21-01, passed 09/21/2016)

' 154.052 TYPES OF SIGNS.

(A) For purpose of this Chapter, all signs are divided into on-premises and off-premises. On-premises signs can

be further divided into lot signs, which include ground, low, ground, pole, projecting, marquee, and building

signs.

(B) Signs are also classified by several attributes, such as illuminated or temporary.


15-154-27 Title XV

(04/20)

' 154.053 SIGN AREA COMPUTATION.

(A) Building or Marquee Sign. The surface area of the letters, words, and/or symbols of a building sign is

measured by finding the surface area of an imaginary square, rectangle, triangle, circle, or ellipse which

fully encloses all the words and images on the face of the sign.

(B) Ground, Pole, and Other Signs. The surface area of copy of a ground, low ground, pole, or other sign is

measured by finding the surface area of the minimum imaginary square, rectangle, triangle, circle, or ellipse

which fully encloses all the extremities of the sign exclusive of its supports.


' 154.054 MAXIMUM SIGN SURFACE AREA.

(A) Ground or Lot Signs: One (1) permanent ground sign or lot sign of the type and size designated below may

be erected on a lot improved with a structure which is a principal use and which use is located within a

zoning district in compliance with this Zoning Code, subject to obtaining a permit as required by the

applicable ordinances of the Village:

Type Use

Type Sign

Maximum Sign

Surface Area

Residential

Low ground

1 square foot

Office

Low ground

24 square feet

Governmental/

Institutional

Low ground

24 square feet

Service

Low ground

48 square feet

Service

Pole or ground

36 square feet

Retail

Low ground

64 square feet

Retail

Pole or ground

48 square feet

Wholesale

Low ground

24 square feet

Manufacturing

Low ground

24 square feet

Other

Low ground

24 square feet

(B) Building Signs.

(1) In addition to a ground sign located on each lot as described above, each separate entity occupying a

structure in a nonresidential district shall be allowed to erect one building sign with a total surface

area not to exceed the following:

15-154-28 Title XV

(04/20)

Use

Sign Surface Area

Retail

Sum of 0.3 square feet per linear feet of building on the

front facade and 0.003 square feet per gross floor area of

the building, not to exceed 120 square feet

Other

Sum of 0.15 square feet per linear feet of building on

front facade and 0.003 square feet per gross floor area of

building, not to exceed 60 square feet

(2) (a) Building signs may be attached flat to or mounted away from a building wall, but may not project

more than 12 inches from a wall.

(b) Signs and murals painted on or otherwise affixed to a structure are considered building signs.


Penalty, see ' 154.999

' 154.055 MAXIMUM NUMBER OF SIGNS.

(A) The total number of signs per lot without an approved Master Signage Plan shall not exceed four.

(B) The total number of signs permitted to be maintained on any separate zoning lot or parcel pursuant to an

approved Master Signage Plan shall not exceed 125% of the number of separate occupant entities located

on and/or operating on any separate zoning lot or parcel within the Village, but when this calculation results

in a fraction, the fraction shall be rounded to the next whole number.



' 154.056 OTHER STANDARDS.

(A) Maximum Height: Except as otherwise expressly provided in these Sign Regulations, no sign shall exceed

ten (10) feet in height.

(B) Signs projecting over any public right-of-way or other public property are prohibited.

(C) Compliance With Building Codes:

(1) All signs shall comply with all applicable building and electrical codes of the Village and all other

applicable ordinances of the Village, as well as any applicable state and Federal regulations.

(2) Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead

electrical conductors in accordance with National Electric Code specifications.

(3) No sign, except government traffic signs, shall be installed closer than ten (10) feet horizontally or

vertically from any conductor or public utility guy wire.

(D) Lettering: Lettering on any permanent non-exempt signs outside of symbols or logos outside of logos shall

have a minimum height of four inches and a maximum of six lines of copy.

15-154-29 Title XV

(04/20)

(E) Self-Supporting: Signs shall be self-supporting without the use of braces.

(F) Lighting:

(1) In residential districts, signs may be illuminated only by indirect lighting, or backlighting, which

lighting shall, in any event, not exceed fifty (50) foot candles when measured with a standard light

meter held parallel to the face of the sign at a distance equal to the narrowest dimension of the sign

face. In other zoning districts, internal illumination of signs shall be permitted.

(2) All lighting of any sign shall concentrate the illumination upon the display surface of the sign to

prevent glare onto any street or adjacent property, and shields and/or reflectors shall be used where

necessary for this purpose.

(3) Freestanding signs which are illuminated shall receive their electrical supply from an electrical source

that is underground, and overhead electrical lines to such signs are prohibited.

(4) After completion of installation and before the sign is illuminated for regular use, the sign shall be

inspected by the Village and approved in writing to determine whether such sign complies these Sign

Regulations and with the approved permit, plans and specifications therefor, and to confirm that the

direction of the lighting does not: (a) interfere with the vision of drivers on any nearby road, street,

or highway, or (b) cause any excess illumination on any property used for residential purposes.

(G) Digital Signs: In zoning districts other than residential, digital signs shall be allowed only as a conditional

use subject to the following additional regulations without any limitation on the other regulations and

restrictions set forth in this Chapter 154 and as otherwise set forth in this Code of Ordinances:

(1) The display or message on a digital sign, of any type, may change no more frequently than once every

eight (8) seconds, with a transition period of one (1) second or less.

(2) The digital sign must have installed an ambient light monitor which shall continuously monitor and

automatically adjust the brightness level of the display based on ambient light conditions consistent

with the other applicable provisions of this Code.

(3) Maximum brightness levels for digital signs shall not exceed .2 (two-tenths) footcandles over ambient

light levels measured within one hundred fifty feet (150’) of the sign. Certification must be provided

to the Village demonstrating that the sign has been pre-set to automatically adjust the brightness to

these levels or lower. Re-inspection and re-calibration shall be annually required by the Village, in

its reasonable discretion, at the permittee’s expense to ensure that the specified brightness levels are

maintained at all times. The results of such re-inspection and re-calibration and/or any resulting

remediatory work on said digital sign shall be promptly provided to the Village.

(4) Brightness of digital signs shall be measured as follows:

(a) At least thirty (30) minutes following sunset, a footcandle meter shall be used to obtain an

ambient light reading for the location. This is done while the sign is off or displaying black

copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set

location.

(b) The sign shall then be turned on to full white copy to take another reading with the meter at the

same location.

15-154-30 Title XV

(04/20)

(H) Permit Required: In addition to any other requirements of this Chapter, any permanent sign proposed to be

constructed and/or installed on any private property, including but not limited to any property which is

owned by a homeowners’ association or condominium association, shall require a Village sign permit and

the prior written approval of the plans therefor by the Corporate Authorities of the Village after receiving

the recommendation of the Village’s Building Commissioner.



' 154.057 MASTER SIGNAGE PLAN.

(A) Whenever more than one entity occupies the same lot, the owner or all the occupant(s) of the lot may seek

approval of a Master Signage Plan which allocates allowable signage among the uses of the lot.

(B) In addition to allocating allowable signage among the various business uses of the lot, such a Master Signage

Plan shall address consistency and coordination among the signs in the following aspects:

(1) Materials;

(2) Location;

(3) Sign proportions;

(4) Color scheme;

(5) Graphic style; and

(6) Lighting.

(C) If designated on the Master Signage Plan, up to 50% of the sign area may be in changeable copy.



' 154.058 PROHIBITED SIGNS.

The following signs are expressly prohibited:

(A) Any sign which impedes the view of bicyclists or motorists;

(B) Any sign which resembles traffic signals, signs, or emergency vehicle lights;

(C) Any sign which interferes with unobstructed ingress to or egress from a building;

(D) Any flashing sign;

(E) Any portable sign;

(F) Any sign pertaining to a use that has ceased or been abandoned on any property for one (1) year or longer;

(G) Any sign located within any public right-of-way or on any public property without the prior written approval

of the public body having ownership or maintenance jurisdiction over such location;

(H) Any projecting sign as defined in this Chapter; and

(I) Any sign that is not in good repair or has become unsafe.



15-154-31 Title XV

(04/20)

' 154.059 EXEMPTED SIGNS.

The following signs are exempt from these Sign Regulations:

(A) Any temporary sign which is less than one square foot in size and is located on any zoning lot or parcel,

provided however, not in excess of four (4) such signs shall be erected or maintained on any one lot or

zoning parcel;

(B) Signs required by federal or State law(s) or local ordinance, including but not limited to, for example,

warning signs or regulatory signs;

(C) Any signs located totally within and not visible from the exterior of a building;

(D) Traffic-control and warning signs and other devices erected by or pursuant to federal, state, or village

authority, located within a public right-of-way; and

(E) Flags which are less than ten (10) square feet in area on not more than two (2) sides and eight (8) feet or less

in height, provided, however, a flag displayed on a permanent flag pole shall not exceed the maximum

permitted height in the zoning district in which it is located. Flags of the United States of America shall

also be exempt from this Chapter.

(F) Temporary signs in compliance with Section 154.060 of this Chapter.



' 154.060 TEMPORARY SIGNS.

The following regulations shall apply to all temporary signs:

1. Permits:

Temporary signs in compliance with this Section and otherwise in compliance with the Sign Regulations

of this Chapter shall be exempt from the sign permit and fee requirements of this Chapter.

2. Maximum Gross Surface Area:

The temporary signs on any zoning lot or parcel shall not, in the aggregate, exceed a maximum of sixteen

(16) square feet on each of two (2) abutting display surfaces.

3. Maximum Height:

A temporary sign shall not exceed eight (8) feet in height as measured from grade, provided, however,

a flag may also be displayed on a permanent pole which does not exceed the maximum height for the

zoning district in which it is located.

15-154-32 Title XV

(04/20)

4. Duration:

No temporary sign shall be displayed on any private property after the purpose of the sign no longer

exists, provided, however, this limitation shall be construed consistently with the Illinois Constitution

and the United States Constitution and other applicable State or Federal laws.

5. Illumination:

Temporary signs shall not be externally or internally illuminated.

6. Location:

Temporary signs shall only be located on the property of the owner(s) of the sign or with the consent of

the owner(s) or occupant(s) of the property upon which the sign is or will be located.



PARKING AND LOADING

' 154.075 GENERAL PROVISIONS.

Except as otherwise provided in this Subchapter, whenever a zoning or conditional use permit is required under

this Chapter, the developer shall meet the standards set forth in this Subchapter, which include, but are not limited

to, providing adequate off-street parking and loading space.


' 154.076 OFF-STREET PARKING SPACES REQUIRED.

(A) Except as otherwise provided in this Subchapter, every development shall provide a sufficient number of

off-street parking spaces to accommodate the number of vehicles that are likely to be attracted to the

development during the peak moment on a typical weekday or weekend, whichever is greater.

(B) In calculating the number of parking spaces needed, the number of spaces set forth in the Table of Parking

in Appendix D shall be presumed to be sufficient.

(C) The permit issuing authority may establish a different standard where studies of similar facilities justify it.

(D) The Table of Parking is developed from the Manual of Parking Generation, published by the Institute of

Transportation Engineers.


15-154-33 Title XV

(04/20)

' 154.077 STORAGE AND STACKING.

(A) Whenever a use involves the storage or stacking of vehicles awaiting service, the development shall provide

a sufficient number of storage spaces or an adequately-sized stacking lane to accommodate the number of

motor vehicles that are likely to be attracted to the use during the peak moment on a typical weekday or

weekend, whichever is greater.

(B) The following uses are presumed to require the following number of storage spaces or stacking area.

(C) Each space in a stack shall be presumed to equal a parking stall.

No.

Use

Number of Spaces

7.120 Bank with drive-in window Lane sufficient to stack 6 motor vehicles

per window

11.120 Restaurants, no alcoholic beverages with

drive-in window

Lane sufficient to stack 6 motor vehicles

per window

11.220 Restaurants, alcoholic beverages with

drive-in window

Lane sufficient to stack 6 motor vehicles

per window

14.120

Auto repair

2 spaces per service bay


' 154.078 INTERPRETING THE TABLE OF PARKING.

(A) The standards set forth in the Table of Parking in Appendix D are expressed in the number of parking spaces

per aspect related to the use. These spatial demands are cumulative, i.e., they should be added together. The

column headings are as follows:

(1) DU means spaces per dwelling unit;

(2) GFA means spaces per amount of gross floor area;

(3) Employee means spaces per employee; and

(4) Unit means spaces per other unit.

(B) The type of other unit is indicated in the column, Type Unit.

(C) When a determination of the number of parking spaces required by this Table results in a fraction, the

fraction shall be rounded to the next whole integer.


' 154.079 SAFETY.

Vehicle accommodation areas shall be designed so that vehicles can move throughout the lot without posing a

significant danger to pedestrians or other vehicles.


15-154-34 Title XV

(04/20)

' 154.080 PARKING SPACE DIMENSIONS.

(A) Any required off-street parking space or stall shall include a rectangular area with a length of 20 feet and a

width of 10 feet exclusive of access drives or aisles.

(B) Each space will have a vertical clearance of six and one-half feet.

(C) The width of aisles shall not be less than 18 feet for 90-degree parking, 16 feet for 60-degree parking, or 13

feet for 45-degree parking.

(D) Angles shall be measured between the centerline of the parking space and the centerline of the aisle.


' 154.081 SURFACING.

Any parking area consisting of more than four parking spaces shall be constructed and surfaced to the standards

set forth in Chapter 153.


' 154.082 LOADING AND UNLOADING.

(A) Loading and Unloading Areas Required.

(1) Whenever the normal operation of any use requires that goods, merchandise, or equipment be

routinely delivered to or shipped from that use, an off-street loading and unloading area shall be

provided.

(2) The following uses shall require loading and unloading areas:

Number

Use

8.300 Hospitals

10.000 Retail sales

11.000 Restaurants

12.000 Integrated shopping center

15.000 Wholesale sales

17.000 Manufacturing

(B) Number of Spaces Required.

(1) Any loading or unloading area required under this Section shall be of sufficient size to accommodate

the number and types of vehicles that are likely to be attracted to use the area during the peak moment

on a typical weekday or weekend, whichever is greater.

15-154-35 Title XV

(04/20)

(2) (a) The following Table indicates the number of spaces that are presumed needed to satisfy this

requirement.

(b) The permit issuing authority may require more or less spaces or area where appropriate:

Gross Floor Area of Building

(Square Feet)

Number of

Spaces

2,500 through 39,999

1

40,000 through 99,999

2

Each additional 100,000

1

(C) Location. Loading and unloading areas shall be located and designed so that the vehicles intended to use

them can maneuver safely to and from the public right-of-way, and complete the loading and unloading

operations without obstructing on-site parking or the movement of vehicles in the vehicle accommodation

area.


' 154.083 OFF-SITE AND SHARED PARKING.

(A) Off-site parking (as that term is defined in Section 154.004 hereof) and/or shared parking (as that term is

defined in Section 154.004 hereof) is prohibited in all residential zoning districts within the Village and shall

be allowed only within the Village’s BG (General Business) Zoning District, BW (Waterfront Business)

Zoning District, or M (Manufacturing) Zoning District as a conditional use approved by ordinance of the

Village with respect to a specific lot or parcel, subject to the applicable regulations of this Code of

Ordinances.

(B) Parcels used for off-site parking shall be of common ownership as that of the principal use, or secured by a

long-term lease (i.e., a lease having a term of ten (10) years or longer). If such lot or parcel is secured by a

long-term lease, the use of a parcel for off-site parking shall be bound by the terms and conditions of any

Ordinance of the Village which approves a conditional use for such off-site parking on a specific lot or

parcel within the Village and shall be bound by covenants that run with the land, and which shall be recorded

with the applicable Office of the Recorder of Deeds against the title to the respective property.

(C) If such long-term lease is assigned to any other party(ies), and/or upon expiration or termination of the

respective long-term lease, the conditional use approved for the respective lot or parcel shall also terminate

at that time.

(Ord. 2019-19-03, passed 12/18/2019)

15-154-36 Title XV

(04/20)

DESIGN STANDARDS

' 154.095 DRIVEWAYS.

(A) Generally.

(1) Except as otherwise provided in this Subchapter, any new development, any substantial addition to an

existing use, or any substantial change in use shall meet the standards set forth herein.

(2) See ' 154.004 for the definition of “substantial addition or change”.

(B) Standards Related to Location.

Intensive uses, including, but not limited to, grocery stores with gas sales (convenience stores), restaurants

with drive-in windows, automobile service stations, theaters, and shopping centers are required to be

adjacent to and have direct access to a street designated as an arterial or collector street (such as but not

limited to by the Village’s Official Comprehensive Plan, or a street designed to arterial or collector

standards, or to have indirect access to the same by way of a local street without the traffic from the use

passing in front of any lot in a residential district.

(C) Standards Related to Safety.

The permit issuing authority may require turn lanes and other safety measures which he or she deems are

necessary to ensure the safe movement of vehicles and pedestrians on and near the site, including adjacent

streets.

(D) Standards Related to Ingress and Egress.

Any new development, any substantial addition to an existing use, or any substantial change in use shall

meet the following standards related to the number and location of points of ingress and egress and other

aspects of design.

(1) Points of ingress and egress for any use other than a single-family residence shall be limited in width

to 36 feet, except that a width not to exceed 50 feet may be permitted where the authority determines

that the same is desirable because of the size, shape, topography of the lot, or the location of the

structures on the same, or where tractor trailer trips are anticipated.

(2) Vehicle movement to and from the site shall be clearly channeled through points of ingress and egress

by way of curbing, landscape timbers, pavement painting, and other techniques and devices. In

general, barriers shall be preferred over painting.

(3) (a) Points of ingress and egress for any use shall be limited to two per site and two per street,

whichever standard is more restrictive, except that the permit issuing authority may allow an

additional point of ingress and egress, if such a point is on a lot with a lot width of greater than

200 feet, or the site borders two or more streets, and more than one street has or is proposed to

have at least one point of ingress or egress on it, provided the additional point of ingress or egress

will not pose a safety hazard.

(b) In determining if a point of ingress or egress will not pose a safety hazard, the authority will

consider the number of trips generated by the use, the number of trips on the street, the number of

conflicting turning movements, the number of lanes and configuration of the street, the location

of points of ingress and egress, and any safety measures proposed by the developer.

15-154-37 Title XV

(04/20)

(4) Except where a proposed or existing point of ingress or egress is located or proposed to be located

more than 100 feet from the intersection, the point of ingress and egress shall be located as far as

practical from any intersection of two or more streets.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2014-9-1-B, passed 4/16/2014; Amd. Ord. 2019-04-02, passed 04/17/2019)


' 154.096 STREETS.

(A) Every development shall design any proposed public or private street, or any proposed improvement to an

existing street, to comply with Chapter 153.

(B) Furthermore, the Village may require that a street be constructed or improved where it deems it is necessary

to further public safety or convenience.

(C) Streets shall be classified consistent with Chapter 153.


' 154.097 WATER AND SEWER (SANITARY AND STORM).

All water and/or sewer infrastructure shall comply with Chapter 153.


' 154.098 LANDSCAPING.

(A) Intent and Standards. It is the intent of this section to foster the creation of tree-lined streets and shaded

vehicle accommodation areas and, to the extent practical, encourage the retention of stands of existing trees.

(1) Any new use, or any substantial addition or change to an existing use, shall comply with the following

standards:

(a) Street trees. One large shade tree for each 40 linear feet, or portion thereof, along any property

line adjacent to a street;

(b) Shade trees and screening for vehicle accommodation areas. One large shade tree and two

shrubs for each seven and one-half parking spaces; and

(c) Aisle trees. One large shade tree for each 40 linear feet, or portion thereof, along each side of

a driveway within a vehicle accommodation area.

(2) The developer shall also comply with the standards from Chapter 153 addressing landscaping to the

extent that those standards do not conflict with the following.

15-154-38 Title XV

(04/20)

(3) In lieu of meeting all of the specific standards cited above, the developer may submit and have

approved by the permit issuing authority a full landscaping plan which attractively frames and brings

forth the structures on the site, and which substantially implements the above standards, but does so

in a more flexible manner.

(B) Tree Specifications.

(1) A screening tree is a deciduous tree that, at maturity, is expected to reach at least 40 feet in height.

(2) Large deciduous trees shall be specimen quality and be at least ten feet in height and two and one-half

inches in diameter as measured at fifty-four inches (54”) above the established ground level, or for

replacement trees, fifty-four inches (54”) above the top of the root ball, i.e., diameter breast height

(“dbh”) at the time of planting.

(3) A large screening tree is a coniferous tree that, at maturity, is expected to reach at least 30 feet in

height.

(4) A large coniferous tree shall be of specimen quality and be at least eight feet in height at the time of

planting.

(C) Types of Trees.

(1) The developer shall select trees that are suitable for this area of the state, considering the specific

location in which they will be planted.

(2) The trees set forth in Paragraph (E) below are presumed to meet the standards of this section.

(3) The developer shall plant a variety of trees and shrubs.

(4) Not more than 20% through 25% of the proposed trees shall be the same species.

(5) For street tree plantings where the total tree quality is less than 100 trees, the developer can still use

up to 20 of each tree species.

(D) Substitutions.

(1) For screening trees and aisle trees, the developer shall substitute two small deciduous trees for one

large coniferous tree, or two small coniferous trees for one large deciduous tree.

(2) Small deciduous trees can be shade trees or ornamental trees of specimen quality, and at least two

inches caliper (or eight feet, if multi-stem or clump form).

(3) Small coniferous trees will be of specimen quality and at least six feet in height at the time of planting.

15-154-39 Title XV

(04/20)

(E) Recommended Deciduous Trees.

(1) Large Deciduous Trees.

(a) Birch, River;

(b) Coffeetree, Kentucky;

(c) Ginko (male);

(d) Honeylocust, Thornless;

(e) Linden, American;

(f) Linden, Littleleaf;

(g) London Planetree;

(h) Maple, Red;

(i) Maple, Sugar;

(j) Maple, Norway;

(k) Oak, Chestnut;

(l) Oak, Chinkapin;

(m) Oak, English;

(n) Oak, Red;

(o) Pagodatree, Japanese;

(p) Sourgum; and

(q) Sweetgum.

(2) Small Deciduous Trees.

(a) Birch, River;

(b) Cherry, Oriental;

(c) Cherry, Sargent;

(d) Crab Apple, Sargent;

(e) Golden Raintree;

(f) Dogwood, Cornelian Cherry;

(g) Dogwood, Flowering;

(h) Dogwood, Pagoda;

(i) Hawthorn, Thornless Cockspur;

(j) Hornbeam, American;

(k) Hornbeam, European;

(l) Lilac, Japanese;

(m) Serviceberry, Apple; and

(n) Sourwood.

(3) Screening Trees/Coniferous Trees.

(a) Arborvitae;

(b) Cedar, Eastern Red;

(c) Fir, Balsam;

(d) Fir, Fraser;

(e) Fir, White;

(f) Hemlock, Easter;

15-154-40 Title XV

(04/20)

(g) Pine, Austrian;

(h) Pine, Scotch;

(i) Pine, White;

(j) Spruce, Colorado;

(k) Spruce, Norway; and

(l) Yew, English.

(F) Retention of Existing Clusters of Trees.

(1) The developer shall retain to the maximum extent practical existing trees whose width is 18 inches or

greater dbh or significant clusters of trees with widths of four inches or greater dbh.

(2) In order to accomplish the above, the developer shall submit a survey showing the location of trees

that meet the above requirement.

(3) Where the number of trees meeting the requirement would be so extensive as to pose an unfair burden

on the developer, the permit issuing authority may allow the developer to reduce the survey to only

those trees within 25 feet of a proposed impervious surface.

(4) Furthermore, he or she may allow trees in a cluster to be indicated by noting the perimeter of the area

and the trees (type and caliper) included therein.

(5) Certain inferior species shall not provide credit toward the street tree requirement.

(6) An existing tree may be counted as credit toward the street requirement if it is within a specified area

where new street trees would have been planted by the developer to receive credit.

(7) An existing tree may provide credit for exactly one street tree regardless of its size.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. passed 1-19-2005; Amd. Ord. 2014-9-1-B, passed 4/16/2014) Penalty, see

' 154.999

' 154.099 SCREENING.

(A) Generally. Whenever a new use, or a substantial addition or change to an existing use, is proposed or occurs,

the use, if it is more intensive than an adjacent property=s use, shall create a screen between structural uses

on that lot and those of the adjacent lot(s). For the purpose of applying this standard, the table of uses is

grouped by visual impact into screening classes, Class I through V, with Class I having the least impact. In

addition, the type screen required is divided into two screen types, a Type A and Type B Screens whose

standards are set forth below. Finally, a Table of screening is hereby created which specifies when and what

type of screen is required. For purpose of interpreting this Section, where the existing adjacent land is not

developed, the use shall be assumed to be the most intensive use for which it is zoned, and the placement of

the structures on the lot shall be that placement which can be most reasonable to anticipate. Any plantings

shall comply with ' 154.098(A) through (D).

15-154-41 Title XV

(04/20)

(B) Classification of Uses.

Class

Uses (No.) from the Table of Uses

I

0.000 through 1.299

II

1.300 through 4.399

III

6.000 through 8.699

IV

5.000 through 5.999

9.000 through 12.999

22.000 through 22.499

V

14.000 through 17.230

20.000 through 21.699

23.000 through 23.239

NOTES TO TABLE:

18.000 uses of buildings other than residences, same as Class V, others same as Class I.

26.000 uses should be constructively attributed to the underlying uses.

(C) Type Screens.

(1) Type A Screen. A Type A Screen is a semi-opaque to opaque barrier blocking the line of sight

between the structures on the proposed tract and those on the adjacent tracts to a height of six feet at

the property line. The screen shall consist of one of the following:

(a) A landscape berm with fluctuating heights varying between four and six feet and planted with

shrubs and small shade trees;

(b) Two rows of large street trees, the plantings in each row spaced at approximately 40 feet

intervals and the rows planted at least 15 feet from the other;

(c) One row of large screening trees, planted at 20-foot intervals; or

(d) A six-foot high solid wood fence.

(2) Type B Screen. A Type B Screen is a broken to semi-opaque barrier which breaks up the line of sight

between the structures on the proposed tract and those on the adjacent tracts to a height of six feet at

the property line. The screen shall consist of one of the following: a Type A Screen as set forth above,

or one row of large shade trees planted at 40-foot intervals.

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(3) Screening Table; Type of Screen Required.

Existing Class

Proposed

I

II

III

IV

V

I

II

B

B

III

B

B

B

IV

A

A

B

B

V

A

A

A

B

B


' 154.100 ARCHITECTURAL STANDARDS.

(A) Any new structure or any substantial change to the front facade of a nonresidential use or the principal

building in a residential use, other than a single-family detached residence or duplex, shall demonstrate that

the structure or proposed change to it will be attractive and compatible with the style and design of nearby

uses.

(B) Any new structure or any substantial change to the front facade of single-family detached residence or

duplex shall demonstrate that the front facade of the building will not be fairly similar to any building

adjacent to or across the street from it.


' 154.101 LIGHTING.

(A) Any proposed lighting shall comply with the standards of Chapter 153.

(B) The Village shall require lighting where it determines it is necessary to protect or further the public safety.


' 154.102 EROSION CONTROL.

Any grading or earth moving in anticipation or in the process of development shall comply with the standards of

Chapter 153.


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' 154.103 STORM WATER DRAINAGE.

Any grading or earth moving in anticipation or in the process of development shall comply with the standards of

the Lake County Watershed Development Ordinance, adopted 7-12-1994, as amended.


' 154.104 DEDICATIONS AND IMPACT FEES.

(A) Developments, other than a single-family detached residential dwelling unit on its own individual lot, shall

comply with the standards of Chapter 153 related to providing space for schools, parks and recreation

facilities, libraries, and other village or community facilities, or providing a fee in lieu of the space as if fully

set forth herein.

(B) A single-family detached residential dwelling unit on its own lot is not included in that the fee was attached

at the time the subdivision creating the lot was approved.

(C) The Village shall provide a credit for any fee or space provided to or through the Village for essentially the

same facility as required under this Chapter.


SUPPLEMENTAL STANDARDS

' 154.115 PURPOSE.

(A) The purpose of this Subchapter is to address uses which may have specific, more stringent, siting needs

which, if not met, may make the use undesirable from a public point of view.

(B) These standards must be read in conjunction with the Table of Dimensional Criteria in Appendix C

addressing all uses.

(C) Where there is a conflict between the two standards, unless the supplemental standard specifically provides

otherwise, the more restrictive standard applies.

(Ord. 9-1-A, passed 3/21/1996)

' 154.116 MULTI-FAMILY AND SINGLE-FAMILY ATTACHED DWELLINGS.

(A) The maximum allowable density for multi-family and single-family attached residential dwellings, as

measured on the predevelopment tract, is as follows:

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Lot Size (Acres)

OI

BG

Other

1.00 through 1.99

A

6

4

2.00 through 3.49

6

9

6

3.50 through 4.99

9

12

9

5.00 and above

12

15

12

(B) The predevelopment tract is the tract prior to any subdivision creating lots for the individual units.

(C) Any lot created for a single-family attached residential dwelling unit shall have a lot area of at least 4,000

square feet and a lot width of 25 feet.


' 154.117 PLANNED RESIDENTIAL DEVELOPMENTS.

(A) Intent.

(1) It is the intent of this Section to permit (as a conditional use) the development of a variety of land

uses as a coordinated planning unit on a single tract of land in one ownership.

(2) The primary purpose of a planned development is to allow greater flexibility in design than would be

possible under the standard district regulations where the planned development would better utilize

the topographic and natural character of the site and would produce a more economical and stable

development while encouraging the conservation of natural features.

(3) Except to the extent that the planned development proposal specifically provides differently, the

planned development will conform with the policies and the future land use map in the comprehensive

plan.

(4) Except to the extent that the planned development proposal specifically provides differently, where

the planned development is itself a subdivision not exempted from development review under state

law, it will comply with all provisions of Chapter 153, as amended; otherwise, the planned

development will comply with all substantive provisions in Chapter 153, but not the procedural

provisions of said Chapter.

(B) Standards.

(1) One Ownership. Title to the predevelopment tract shall be held in one ownership.

(2) Procedure.

(a) Developments not subject to subdivision review under Chapter 153 shall label the overall

concept plan, a sketch plan; their more detailed plan with specifications similar to a preliminary

plat, a master plan; and their final plan, a final plan.

(b) The words “Planned Development” shall appear in the title of any plan submitted for review.

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(3) Specific Statement Required. The master plan or preliminary plat whichever is applicable, shall be

accompanied by a statement:

(a) Identifying the specific standards in this Chapter and Chapter 153 which will not be complied

with and the extent of their noncompliance; and

(b) Describing in what manner the proposal substantially exceeds the standard requirements of this

Chapter and Chapter 153, or otherwise provides infrastructure or improvements that benefit the

Village as a whole.

(4) Information Required. Any plan or plat submitted shall provide and be accompanied by any

information necessary for the full review of the proposal, including a fiscal analysis to measure

benefits and a traffic impact analysis.

(5) Public Benefits.

(a) In reviewing the master plan or preliminary plat for a planned development, whichever is

applicable, the appropriate reviewing authority shall consider and determine whether the

requested increase in benefits to the developer from using a planned development, as opposed

to a standard development, are balanced with the proposed increase in benefits to the Village

from using the same.

(b) Reductions in costs should be considered as a benefit.

(c) The final plan shall be consistent with the master plan.

(6) Architectural Drawings; Front Facade.

(a) Every development will demonstrate that the proposed buildings will provide a variety of lines

and shapes so as to create an interesting, as opposed to a boring or uniform, appearance.

(b) To that end, every plan will include architectural drawings showing at least five different front

elevations.

(7) Architectural Drawings; All Facades.

(a) Where the master plan or preliminary plat proposes to not comply with the yard requirements

in this Chapter, the plan shall include architectural drawings showing the elevations of the

proposed structures together with their footprints.

(b) These drawings may be roughly drawn at the master plan stage, with the focus on window

placement, orientation, and distance between buildings, and with provisions addressing privacy.

(c) These matters will be more definitively addressed in submittals accompanying the final plan.

(8) Emergency Access. Where the master plan or preliminary plat proposes to not comply with street or

utility requirements in Chapter 153, the plan shall include a full statement addressing the adequacy of

the proposed system for emergency access, particularly fire protection.

(9) Phasing. The master plan shall be accompanied by a statement indicating the phasing of land and

building improvements and public or community improvements.


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§154.118: HOME OCCUPATIONS:

(A) Purpose: The purpose of this Section is:

(1) To permit the establishment of Home Occupations that are compatible with the residential districts in

which they are located; and

(2) To protect and preserve the quiet enjoyment of residential properties and neighborhoods within the

Village and to mitigate and/or eliminate adverse secondary effects the Village and its residents have

experienced by reason of short term rental(s) of residential structure(s), including but not limited to

gatherings by attendees who have little connection to or consideration for Village neighborhoods or

neighbors.

(B) Definitions:

(1) “Home Occupation” means an accessory use of a dwelling unit that is:

(a) Used for gainful employment that involves the provision, assembly, processing or sale of goods

and/or services.

(b) Incidental and secondary to the residential use of the structure and does not change the essential

residential character of the dwelling unit.

The fact that a particular occupation or profession does not directly or indirectly impose a charge or

receive a fee or other remuneration is not determinative of whether that activity falls within the

definition of “home occupation”.

(2) “Rental Premises” means all or part of a dwelling unit or related accessory structure being rented or

otherwise let to person(s) other than the owner of the subject property.

(3) “Short-Term Rental” means the accessory use and/or occupancy for a period of less than three (3)

months of a dwelling unit or related accessory structure pursuant to a written or oral agreement which

permits and/or provides for occupancy of all or part of such structure by any person other than the

owner thereof, or an immediate family member of the owner thereof, and whether or not the

permission of such occupancy is in exchange for consideration therefor.

(C) General Requirements and Performance Criteria: All Home Occupations shall comply with the following

standards:

(1) The operator of every Home Occupation, whether existing or hereafter established, shall reside in the

dwelling unit in which the home occupation operates.

(2) The Home Occupation use shall be conducted entirely within a completely enclosed structure.

(3) The Home Occupation shall not interfere with the delivery of utilities or other services to the area.

(4) The Home Occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare, or

electrical interference with radio or television transmission in the area that would exceed that which

is normally produced by a dwelling unit in a zoning district used solely for residential purposes.

(5) No mechanical equipment shall be used on the premises, except such that is normally used for on-site

domestic or household purposes.

(6) No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used,

sold or stored on the site.

(7) No home occupation shall be situated or conducted in such a way as to present a significant adverse

impact on the surrounding neighborhood.

(8) The home occupation shall not change the essential residential character of the dwelling unit.

(9) There shall be no alteration of the residential appearance of the premises, including the creation of a

separate, or exclusive, business entrance(s).

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(10) No home occupation shall be conducted in any accessory building or structure.

(11) Signs for Home Occupations shall be prohibited.

(12) No home occupation shall be conducted between the hours of 7:00 p.m. and 6:00 a.m.

(13) No commodity or good not produced on the premises shall be sold on the premises nor displayed on

the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. This does

not preclude taking orders for sales or provision of services off-site.

(14) No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

(15) The Home Occupation shall, at all times, comply with all other applicable laws and ordinances.

(16) Events, gatherings, or parties intended to promote the sale of products from catalogs or from similar

sources shall be permitted on the condition that such activities comply with the other requirements of

this Section.

(17) Vehicles which are in any way related to a Home Occupation being conducted on the property in

question, but which belong to persons who do not reside or work on the property in question, shall be

and are hereby prohibited from being parked on the property in question and/or on any right-of-way

in the vicinity thereof for the purpose of conducting any business related to such Home Occupation.

(D) Specific Requirements: In addition to the general conditions and criteria set forth in this Section, the

following specific conditions shall also be met for all Home Occupations hereafter established or expanded:

(1) The total area used for the Home Occupation shall not exceed fifteen (15) percent or four hundred

(400) square feet (whichever is less) of the habitable floor area of the dwelling.

(2) The direct sale of products off display shelves or racks shall be prohibited.

(3) No more than one (1) person, other than a resident of the dwelling unit, shall be employed on premises

in connection with the operation of the Home Occupation.

(4) The home occupation shall not change the essential residential character of the dwelling unit.

(5) There shall be no alteration of the residential appearance of the premises, including the creation of a

separate, or exclusive, business entrance(s).

(6) No home occupation shall be conducted in any accessory building or structure.

(7) Signs for Home Occupations shall be prohibited.

(8) No more than three (3) clients shall, at one time, avail themselves to a product and/or service provided

by a Home Occupation nor shall more than six (6) clients avail themselves to a product and/or service

during a twenty-four (24) hour period.

(9) Deliveries pertaining to the Home Occupation shall be limited to such deliveries as would be normal

and incidental to a residential use. Further, traffic circulation shall not be restricted or disturbed as a

result of a delivery to a Home Occupation.

(E) Permitted Home Occupations: Permitted Home Occupations shall include, but shall not be limited to, the

following:

(1) Attorney, CPA, Salesman, Architect/Landscape Architect, Engineer, Interior Designer, Graphic

Artist, Word Processor, and Computer Consultant.

(2) Art Studios provided no retail business is conducted on the premises.

(3) Domestic crafts such as seamstress, sewing, tailoring, weaving and washing and ironing.

(4) Home daycare operations as defined in Section 2.18 of the Child Care Act of 1969.

(5) Word processing and typing services.

(6) Therapists.

(7) Social workers

(8) Telephone sales.

15-154-48 Title XV

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(9) Teaching, instructing, tutoring, or counseling (limited to 3 pupils at any one time).

(10) Other uses similar to those listed in this Paragraph E, as determined by the Zoning Officer.

(11) Hairdressers and barbers.

(F) Prohibited Home Occupations: Certain uses by their nature of investment or operation have a pronounced

tendency, once commenced, to expand beyond the scope of activity permitted for Home Occupations, and

thereby impair the integrity of the residential district in which they are located. For this reason, the following

uses, regardless of their compliance with the standards in this Section, are prohibited as Home Occupations:

(1) Any repair of motorized vehicles such as repair or painting of autos, trucks, trailer, boats and lawn

equipment.

(2) Animal hospitals, animal rescue uses, kennels, stables, animal breeding, raising of animals for sale,

bird keeping facilities or bee keeping facilities.

(3) Antique shops.

(4) Clubs, including fraternities and sororities.

(5) Funeral Homes.

(6) Medical Cannabis Cultivation Center.

(7) Medical Cannabis Dispensing Organization.

(8) Nursing Homes.

(9) Offices, Medical/Dental.

(10) Restaurants, tea rooms, and/or catering businesses.

(11) Retail or wholesale shops, stores or outlets.

(12) Rooming houses.

(13) Sale of firearms and/or ammunition.

(14) Tourist homes, bed and breakfast establishments.

(15) Veterinary clinics.

(16) Warehousing.

(17) Welding or machine shops.

(18) Short-Term Rentals as defined in this Section.

(19) Other uses similar to those listed in this Paragraph F, as determined by the Zoning Administrator.

(G) Short-Term Rentals Restricted:

(1) Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or

otherwise permitting the short-term rental and/or occupancy of any dwelling and/or accessory

structure located within the Village for less than three (3) months at a time shall be prohibited, with

the exception of a hotel or similar establishment duly licensed by the Village, and such conduct shall

be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more

agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s),

or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or

temporary occupant(s) thereof.

(2) The restrictions of this Section shall be applicable whether the rental premises comprise(s) all or a

part of the principal structure, or all or part of any accessory structure.

(3) Whether or not consideration is exchanged for the lease and/or rental of a premises shall not affect the

fact that the occupancy thereof is treated as a short term rental for the purposes of this Section if the

definition thereof is otherwise applicable to such activity.

15-154-49 Title XV

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(4) The property owner shall remain responsible for compliance with all applicable provisions of this

Zoning Code and the Port Barrington Code of Ordinances during the term of any rental and/or

occupancy agreement and/or during the term of any occupancy of the rental premises by persons other

than the property owner.

(5) No temporary or accessory structure shall be permitted to be used for a short-term rental.

(6) The prohibition on short-term rentals as herein provided shall not apply when the immediately

preceding owner of a property maintains possession of the dwelling unit after closing on a real estate

transaction for the sale thereof and leases said property back from the successor owner for a period of

time pursuant to a written agreement.

(7) Each day a principal structure or any accessory structure in the Village is offered for rent as a short

term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any

accessory structure is occupied as a short-term rental, as that term is defined herein, shall constitute a

separate violation of this Section.

(Ord. 9-1-A, passed 3/21/1996; Amd. Ord. 2015-10-21, passed 10/21/2015; Amd. Ord. 2016-09-21-02, passed 09/21/2016)

Penalty, see §154.999

' 154.119 MEDICAL CANNABIS RELATED USES

(A) Medical Cannabis Cultivation Center(s):

(1) Medical Cannabis Cultivation Centers located within the Village shall be and are required to be

established, operated, and maintained in full compliance with the Compassionate Use of Medical

Cannabis Pilot Program Act (hereinafter, the “Compassionate Use Act”) and all other applicable

Village ordinances and Illinois statutes.

(2) Medical Cannabis Cultivation Centers shall not be located within a specified distance of pre-existing

public or private pre-schools, elementary schools, secondary schools, day care centers, home day care,

group day care homes, part day child care facilities, or any area zoned for residential use, as and to

the extent provided by the Compassionate Use Act and all other applicable Illinois statutes.

(3) Medical Cannabis Cultivation Centers shall not be located in any building containing, in whole or in

part, residential uses or any building which is zoned for residential uses.

(4) Drive-Through Facilities accessory to such Medical Cannabis Cultivation Centers shall not be

permitted.

(5) Outdoor, window, or on-site media displays of merchandise and/or products related to a Medical

Cannabis Cultivation Center shall not be permitted.

(6) All operations of a Medical Cannabis Cultivation Center must be fully enclosed within a locked

building.

(7) A Medical Cannabis Cultivation Center shall not be located in any Zoning District other than the BG

(General Business) District, and such a use shall be located in the BG (General Business) District only

pursuant to a Conditional Use Permit.

(Ord. 2014-9-1-B, passed 4/16/2014; Amd. Ord. 2019-12-01, passed 12/04/2019)

15-154-50 Title XV

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(B) Medical Cannabis Dispensing Organization(s)

(1) Medical Cannabis Dispensing Organizations located within the Village shall be and are required to be

established, operated, and maintained in full compliance with the Compassionate Use Act and all other

applicable Village ordinances and Illinois statutes.

(2) Medical Cannabis Dispensing Organizations shall not be located within a specified distance of pre-

existing public or private pre-schools, elementary schools, secondary schools, day care centers, home

day care, group day care homes or part day child care facilities as and to the extent provided by the

Compassionate Use Act and all other applicable Illinois statutes.

(3) Medical Cannabis Dispensing Organizations shall not be located in any building containing, in whole

or in part, residential uses or in any building which is zoned for residential uses.

(4) Drive-Through Facilities accessory to such Medical Cannabis Dispensing Organization shall not be

permitted.

(5) Outdoor, window, or on-site media displays of merchandise and/or products related to a Medical

Cannabis Dispensing Organization shall not be permitted.

(6) All exterior signage associated with a Medical Cannabis Dispensing Organization shall be in

compliance with the Sign Regulations established in this Zoning Ordinance. In addition, no exterior

signage, shall use the word “marijuana,” “cannabis,” or any other word, phrase or symbol commonly

understood to refer to marijuana or cannabis.

(7) A Medical Cannabis Dispensing Organization shall not be located in any other Zoning District other

than the BG (General Business) District, and such a use shall be located in the BG (General Business)

District only pursuant to a Conditional Use Permit.


' 154.120 LOCATION OF ADULT USE CANNABIS BUSINESSES; OTHER CONDITIONS

(A) Certain adult use cannabis businesses as identified in Appendix B, Table of Permitted Uses, of this Chapter

154, “Zoning Code”, may be established as Conditional Use(s) within the Village’s General Business (BG),

Waterfront Business (BW), and/or Manufacturing (M) Zoning Districts by a specific ordinance of the

Corporate Authorities of this Village, and any such conditional use shall be subject to such conditions and/or

restrictions which may be established by the Corporate Authorities, and only after a public hearing thereon

by the Village’s Plan Commission and/or Zoning Board of Appeals.

(B) Any adult use cannabis business may only be authorized as a conditional use, and only if it will be on the

same site and in conjunction with a conditional use for an adult-use dispensing center which has already

been or will be granted by the Village.

(C) Any adult use cannabis business established pursuant to a conditional use as authorized by this Zoning Code

shall, in any event, comply with the Cannabis Regulation and Tax Act (Public Act 101-0027), and all other

applicable Illinois statutes, as said statutes shall be amended from time to time.


15-154-51 Title XV

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' 154.121 TEMPORARY USES:

(A) Temporary uses, as specified in this Section, shall be permitted in all zoning districts, subject to the

limitations, restrictions and standards established in this Section and any other applicable provisions of this

Code. No temporary use shall continue for such a length of time that it constitutes a permanent use.

(B) Garage sales which are conducted in compliance with Chapter 113, “Garage Sales”, of Title XI, “Business

Regulations”, of this Code are exempt from this Section.

(C) Temporary Uses subject to administrative review:

The following temporary uses may be permitted in any zoning district if the Zoning Administrator

determines that same are reasonably necessary to address emergency or unique circumstances, such uses

meet the requirements of this Title and the other applicable provisions of this Code, and except as

specifically provided herein, shall only be located on property within the Village only after a temporary use

permit therefor has been issued by the Zoning Administrator, and shall be subject to the following

limitations, restrictions and/or conditions:

(1) Construction trailers, storage sheds and yards used for construction equipment and material, excluding

bulk storage of hazardous or flammable materials, and portable lavatories, subject to timely and

continued compliance with the following conditions:

(a) The trailer, shed, storage area or portable lavatory is incidental to the construction of a building

or development for which one or more Village building or site development permit(s) has been

issued.

(b) The trailer, shed, storage area or portable lavatory is located on the same lot as the building or

development, or an abutting lot with the written consent of that property owner.

(c) The trailer, shed, storage area, or portable lavatory shall remain within the Village as permitted

by this Section no longer than the time of construction, as determined by the issuance of any

occupancy permit for the building or development, if applicable.

(d) The trailer, shed, storage area or portable lavatory shall be located no closer than thirty feet (30’)

from any other property located in a residential district.

(2) Mobile home or trailer for temporary use as a construction office or a construction and sales office,

subject to timely and continued compliance with the following conditions:

(a) The construction, if any, is on the same property as the mobile home or trailer.

(b) It is not moved to the site more than thirty (30) days prior to construction and is removed no

later than thirty (30) days after construction has been completed as determined by the issuance

of any occupancy permit for the building or development, if applicable.

(c) It is not used for any purpose other than that connected with on-site construction.

(d) It is determined by the Zoning Administrator to be reasonably necessary, given the size and

nature of the construction project.

(e) It remains for a period not to exceed twenty-four (24) months in the aggregate.

(f) It is utilized only incidental to on-site construction during daylight hours and not for residential

living quarters.

(g) It is parked in a location approved in advance in writing by the Zoning Administrator.

(h) It is skirted in a manner approved in advance in writing by the Zoning Administrator.

(i) If it is also to be utilized as a sales office, it shall provide adequate designated customer parking,

as determined to be appropriate and necessary by the Zoning Administrator.

15-154-52 Title XV

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(3) Tents, or other temporary structures, subject to timely and continued compliance with the following

conditions:

(a) A tent or other temporary structure(s) erected on any property for fifteen (15) days or less in the

aggregate in any twelve-month period shall not require a temporary use permit issued by the

Zoning Administrator but shall otherwise be subject to the restrictions and requirements of this

Section.

(b) A tent or other temporary structure(s) erected on any property for more than fifteen (15) days

in the aggregate in any twelve (12) month period shall require a temporary use permit issued by

the Zoning Administrator and shall be subject to the restrictions and requirements of this

Section.

(c) Except as provided in sub-paragraph (a) above, no tent or other temporary structure(s) shall be

erected on any property within the Village until and unless a temporary use permit therefor shall

have been obtained from the Zoning Administrator, and the applicant for said temporary use

permit shall be required to provide to the Enforcement Officer any and all such information as

determined necessary by the Zoning Administrator for issuance of the required permit.

(d) No tents or other temporary structure(s) shall be erected on any property for more than thirty

(30) days in the aggregate in any twelve (12) month period.

(e) No tents or other temporary structure(s) shall be erected on any property, except with the prior

written permission of the property owner(s).

(f) No tent or other temporary structure(s) may be located on any Village property, except with the

prior written permission of the Village Board and/or the Village Administrator.

(g) The height of the tent or other temporary structure(s) and setbacks applicable to the location of

the tent or other temporary structure(s) shall conform to the regulations of the zoning district in

which the property is located, unless otherwise determined to be reasonably necessary and

approved in advance in writing by the Zoning Administrator.

(h) The use conducted in the tent or other temporary structure(s) shall be a use permitted in the

respective zoning district in which the property is located, unless otherwise determined to be

reasonably necessary and approved in advance in writing by the Zoning Administrator.

(4) Portable storage units, subject to timely and continued compliance with the following conditions:

(a) A portable storage unit located on any private property for a period of fifteen (15) days or less

in the aggregate in any twelve (12) month period shall not require a temporary use permit issued

by the Zoning Administrator but shall otherwise be subject to the restrictions and requirements

of this Section.

(b) A portable storage unit located on private property for a period of greater than fifteen (15) days

in the aggregate in any twelve (12) month period shall require a temporary use permit issued by

the Zoning Administrator.

(c) Except as provided in subparagraph (a), no portable storage unit shall be erected on any property

within the Village until and unless a temporary use permit therefor shall have been obtained

from the Zoning Administrator, and the applicant for said temporary use permit shall be required

to provide to the Zoning Administrator any such information as determined necessary by the

Zoning Administrator for issuance of the required permit.

(d) In no event shall a portable storage unit shall be located on any private property for in excess of

forty-five (45) days in the aggregate in any twelve (12) month period. An extension of an

additional forty-five (45) day period in the aggregate in the same twelve (12) month period may

be granted by the Zoning Administrator if the Zoning Administrator determines that such

extension is reasonably necessary for good cause shown.

15-154-53 Title XV

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(e) No portable storage unit may be located on any property, except with the written permission of

the property owner(s).

(f) No portable storage unit shall be located on any Village property (including but not limited to

any Village right-of-way), except with the prior written permission of the Village Board and/or

the Village Administrator.

(g) A portable storage unit shall be located only on the private property being served, at least five

feet (5’) from any property line, and only on a permitted surface as defined in Chapter 72 of this

Code.

(h) Only one (1) portable storage unit shall be located on any private property at one time.

(i) No such portable storage unit located on private property shall exceed sixteen feet (16’) in

length, eight feet (8’) in width, and eight feet (8’) in height.

(5) Dumpsters and/or roll-offs for refuse and/or recycling containers (“dumpsters”), subject to timely and

continued compliance with the following conditions:

(a) A dumpster may be permitted to be located on a property in conjunction with a valid building

permit for a period not to exceed in the aggregate thirty (30) days in any twelve (12) month

period, provided however, the owner(s) and/or occupant(s) of the subject property shall be

responsible to immediately remove said dumpster from the property within 48 hours of said

dumpster being filled to its capacity as determined by the Zoning Administrator, and/or when

the Zoning Administrator determines that said dumpster is no longer reasonably necessary to

serve the property, whichever first occurs.

(b) A dumpster shall be permitted to be located on a property for a period of not to exceed fifteen

(15) days in the aggregate in any twelve (12) month period when authorized by the issuance by

the Zoning Administrator of a temporary use permit therefor for purposes other than

construction and when not in conjunction with a valid building permit. An extension for an

additional fifteen (15) days in the aggregate in any twelve (12) month period may be granted by

the Zoning Administrator if the Zoning Administrator determines that such extension is

reasonably necessary.

(c) No dumpster shall be placed on any property within the Village, not in conjunction with a valid

building permit, or until and unless a temporary use permit therefor shall have been obtained

from the Zoning Administrator, and the applicant for said temporary use permit shall be required

to provide to the Zoning Administrator any and all such information as determined to be

reasonably necessary by the Zoning Administrator for issuance of the required permit.

(d) Dumpsters shall be located only on the property being served and only with the written

permission of the property owner(s).

(e) No dumpster shall be located on Village property (including but not limited to any Village right-

of-way), except with the prior written permission of the Village Board and/or of the Village

Administrator.

(6) Other such temporary uses as may be determined necessary by the Zoning Administrator, to address

emergency or unique circumstances, provided, however, such temporary uses shall be permitted on a

property for not to exceed ninety (90) days in the aggregate in any twelve (12) month period, with a

maximum renewal or extension of an additional ninety (90) days in the aggregate in any twelve (12)

month period, if determined to be reasonably necessary by the Zoning Administrator, and such

temporary uses shall not adversely affect the health, safety or welfare of occupants and users of the

temporary use, or adjacent properties or persons, or to the public.

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(D) Temporary uses subject to review by the Village Board:

Carnivals, outdoor festivals, sidewalk sales, educational, health and/or fitness exhibitions and events,

farmers’ market(s), or other public interest and special events (“the event”) are permitted as temporary uses

in any zoning district if such temporary uses meet the requirements of this Title and the other applicable

provisions of this Code, shall only be located on property within the Village after a temporary use permit

therefor has been issued by the Village Board, and shall be subject to timely and continued compliance with

the following conditions:

(1) Vehicles, trailers, and other equipment related to the event shall not be permitted to block driveways

or other points of emergency vehicular access to any property, or any portion of the public way.

(2) The operation of the event shall be located entirely within the private or public property designated

for the respective event(s).

(3) The event(s) shall only be permitted during hours when the facility’s parking would not be used for

the primary use’s high traffic generation activities.

(4) If determined necessary by the Village Board, or its designee, or by the applicable law enforcement

or fire protection agency, access to the event(s) and security therefor may be controlled by qualified

personnel paid for by the permit applicant. Prior to, and as a condition for, receiving a temporary use

permit for any event, the permit applicant must provide to the Village Board, or its designee, for the

Village’s approval, written communication from the applicable law enforcement or fire protection

agency that adequate access and security provisions for the respective event(s) have been made.

(5) Prior to receiving a permit, and as a condition thereof, the permit applicant must provide to the Village

Board, or its designee, for the Village’s approval, written evidence that adequate provisions have been

made for sanitary facilities for the respective event(s).

(6) Prior to the commencement of any event(s) for which a temporary use permit is required, the Building

Commissioner shall approve all electrical and lighting facilities for the respective event(s). Prior to

receiving the required temporary use permit, the permit applicant must provide to the Village Board,

or its designee, for the Village’s approval, written communication from the Building Inspector that

adequate provisions have been made for electrical and lighting facilities.

(7) Maximum noise levels and/or hours of operation for the event may be established by the Village

Board, or its designee. The approved noise levels and/or hours of operation may be based on the

distance of the site to adjoining residential uses and any history of complaints about similar events, or

other factors reasonably determined to be relevant by the Village Board, or its designee.

(8) The permit applicant shall provide to the Village a security deposit in a form and in an amount

approved by the Village Board, or its designee, for complete site restoration upon the event’s

conclusion or should the respective temporary use permit be revoked, if required by the Village Board,

or its designee.

(Ord. 2016-04-02, passed 04/20/2016; Amd Ord. 2019-04-02, passed 04/17/2019) Penalty, see ' 154.999

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NONCONFORMING STRUCTURES AND/OR USES

' 154.130 CONTINUATION OF NONCONFORMING STRUCTURES AND/OR USES AND

COMPLETION OF NONCONFORMING PROJECTS.

(A) Uses and/or structures that were lawful on the effective date of this Chapter may be continued, subject to

the restrictions, limitations, and qualifications set forth in this Subchapter.

(B) Uses and/or structures that were not yet established but which were in the process of being established may

be completed only in accordance with the provisions of ' 154.135.


' 154.131 EXTENSION OR ENLARGEMENT OF NONCONFORMING USES AND/OR

STRUCTURES.

(A) Extension of Nonconforming Use Prohibited.

(1) Except as specifically provided in this section, no person may engage in any activity that causes an

increase in the extent of nonconformity of a nonconforming use. In particular, physical alteration of

structures or the placement of new structures on open land is unlawful if the activity results in either:

(a) An increase in the total amount of space devoted to a nonconforming use; or

(b) A greater nonconformity with respect to dimensional restrictions.

(2) (a) Where a nonconforming use and/or structure exists, the kind, volume, intensity, or frequency

of such use and/or of such structure shall not be increased, and the degree of nonconformity of

a structure shall not be increased.

(b) The addition of a story, floor, roof, or any other addition to a nonconforming structure on the

nonconforming part of an existing structure shall not be permitted if it creates a greater extent

or degree of nonconformity with respect to the dimensional requirements of this Chapter.

(B) Completion of Buildings Under Construction.

(1) A nonconforming use may be extended throughout any portion of a completed building which, at the

time the use became nonconforming, was manifestly designed or arranged to accommodate such use.

(2) Subject to ' 154.135, a nonconforming use may not be extended to additional buildings or to land

outside the original building.

(C) Completion of Nonstructural Uses of Land. A nonconforming use of open land may not be extended to

cover more land than was occupied by that use when it became nonconforming, except that a use that

involves the removal of natural materials from the lot may be expanded to the boundaries of the lot where

the use was substantially established over a significant portion of the lot prior to the effective date of this

Chapter.


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' 154.132 REPAIR, MAINTENANCE, AND RECONSTRUCTION.

(A) Repairs Encouraged. Repairs to and/or routine maintenance of nonconforming structures are permitted,

provided the costs of the repairs and maintenance do not exceed the fair market value of the structure.

(B) Exception for Repair to Damaged Residential Dwelling Units. In the event that a residential dwelling unit,

other than a mobile home, is partially or totally damaged by wind, water, or fire, that residential dwelling

unit may be rebuilt or replaced by another unit of similar type and size as long as the replacement does not

create new nonconformities or increase the extent or degree of any pre-existing nonconformities.


' 154.133 CHANGE IN USE OF PROPERTY WHERE A NONCONFORMING USE EXISTS.

(A) A nonconforming, nonstructural use of the land may not be changed to any use but a conforming use.

(B) A nonconforming use of a structure may not be changed to another nonconforming use, but may be changed

to a conforming use.

(C) When a nonconforming use of the land or a structure has been changed to a conforming use, it shall not

thereafter be used for or changed back to any nonconforming use.


' 154.134 DISCONTINUANCE OF NONCONFORMING USES AND/OR STRUCTURES.

(A) Discontinuance of Nonstructural Use.

(1) When any nonconforming, nonstructural use of land is discontinued for a period in excess of 120 days,

any future use of the land shall be limited to those uses permitted by this Chapter.

(2) The vacancy or non-use of the land shall be presumed to constitute a discontinuance under this

Section.

(B) Discontinuance of Structural Use.

(1) When any nonconforming use of a structure is discontinued for a period in excess of 365 calendar

days, any future use of the structure shall be limited to those uses permitted under this Chapter.

(2) The vacancy or non-use of the structure shall be presumed to constitute a discontinuance under this

provision.


15-154-57 Title XV

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' 154.135 COMPLETION OF NONCONFORMING PROJECTS.

(A) Vested Rights of Outstanding Projects. Except where the owner consents, nothing in this Chapter shall

require any change in the plans, construction, size, or designated use of any building, structure, or part

thereof for which a building permit has been validly issued, or for which a zoning variation or a conditional

use permit has been granted by Village ordinance and which remains valid and in effect.

(B) Vested Rights of Other Projects.

(1) (a) Except as provided above, all work on any nonconforming project shall cease on the effective

date of this Subchapter, and all permits previously issued for work on nonconforming projects

shall be revoked as of that date.

(b) Thereafter, work on nonconforming projects may begin or may be continued only pursuant to a

zoning variation or conditional use permit granted by Village ordinance in accordance with this

Chapter.

(c) The permit-issuing authority shall issue such a permit if such authority finds that the applicant

has, in good faith, made substantial expenditures or incurred substantial binding obligations or

otherwise changed his or her position in some substantial way in reasonable reliance on the

zoning regulations previously applicable to the property in question at the time in which good

faith reliance occurred and that the applicant would be unreasonably prejudiced if not allowed

to complete his or her project as proposed.

(2) In considering whether these findings may be made, the permit-issuing authority shall be guided by

the following, as well as other relevant considerations.

(a) 1. All expenditures made to obtain or pursuant to a building permit, a zoning variation,

and/or a conditional use permit that was validly issued or granted shall be considered as

evidence of reasonable reliance.

2. Furthermore, a person shall be considered to have acted in good faith if his or her action

precedes a setting of a public hearing at which the change in the zoning regulations at

issue were initially proposed. Conversely, actions subsequent to the setting of such an

initial public hearing are presumed to not be in good faith.

(b) 1. To the extent that expenditures are recoverable with a reasonable effort, a party shall not

be considered prejudiced by having made the expenditures.

2. For example, a party shall not be considered prejudiced by having made some expenditure

to acquire a potential development site if the property obtained is approximately as

valuable under the new restriction as under the old.

(c) To the extent that a nonconforming project can be made conforming and that expenditures made

or obligations incurred can be effectively utilized in the completion of a conforming project, a

party shall not be considered prejudiced by having made the expenditures.

(d) An expenditure shall be considered substantial if it is significant both in dollar amount and in

terms of the total estimated costs of the proposed project.

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(3) Notwithstanding the above, in the event that the Village has issued a valid building permit to use a

structure in accordance with all applicable Village ordinances prior to the effective date of the law or

ordinance at issue, and where construction has begun within six months of the effective date of such

building permit and construction thereof is being diligently prosecuted to completion, the structure

may be completed in accordance with approved plans on the basis of which the building permit was

issued; and furthermore, may, upon completion, be occupied pursuant to a certificate of occupancy by

the use designated on the original permit application.


ZONING BOARD OF APPEALS AND PLAN COMMISSION

' 154.150 CREATION AND MEMBERSHIP.

(A) Generally.

(1) The existing Zoning Board of Appeals and Plan Commission heretofore established are hereby

continued.

(2) The Zoning Board of Appeals shall each consist of seven members who are residents of the Village

and appointed by the Village Board of Trustees for such a time, as set forth below.

(B) Term of Office. Each of the members shall be appointed for a term of five years.

(C) Chairperson.

(1) One of the members of the Zoning Board of Appeals and one of the members of the Plan Commission

shall be designated to serve as the respective Chairperson of such Zoning Board of Appeals and such

Plan Commission at the time of his or her appointment and another member of each body shall be

selected to serve as Vice-Chairperson of such body. The Zoning Board of Appeals and Plan

Commission shall also select such other officers as they see fit.

(2) The Chairperson or, in his or her absence, the Vice-Chairperson, may administer oaths and compel

the attendance of witnesses by subpoena.

(3) Meetings shall be held at the call of the Chairperson and at any other times as the Zoning Board of

Appeals or Plan Commission may determine.

(D) Vacancies.

(1) Vacancies shall be filled, as they occur, by the Village President with the advice and consent of the

Board of Trustees.

(2) Persons filling vacancies shall be appointed to serve the remaining unexpired term of the person they

are replacing.

(3) Regular attendance at the meetings of the Zoning Board of Appeals and Plan Commission shall be a

prerequisite to continued membership on each such body.

(4) The Village President, with the advice and consent of the Village Board, may remove and replace a

member for cause and after an opportunity to be heard at a public hearing has been provided.

(E) Meetings.

(1) All meetings of the Zoning Board of Appeals and of the Plan Commission shall be open to the public.

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(2) The Zoning Board of Appeals and Plan Commission shall each keep minutes of its proceedings,

showing the vote of each member upon each question, and the absence or failure of any member to

vote.

(3) A copy of the minutes shall be maintained on file for public record.

(4) No action shall be taken without a quorum.

(5) Whenever a public hearing of the Zoning Board of Appeals or Plan Commission has been advertised

and notice given, the failure of the body to hold a meeting because of the lack of a quorum of that

body shall automatically result in the matter being continued to the next regularly scheduled meeting

of that body.


' 154.151 POWERS AND DUTIES.

(A) Generally. The Zoning Board of Appeals and the Plan Commission each act in an advisory capacity, but

the Zoning Board of Appeals may at times be required to act in a quasi-judicial capacity relative to appeals.

Each such body shall have the duty to inquire and investigate as to relevant facts and from its investigation

and inquiry to draw conclusions as a basis of official action, and to exercise its discretion. Each body is

authorized to recommend to the Village Board of Trustees that this Chapter be amended to address the

pending matter or matters before them. The respective powers and duties of the Zoning Board of Appeals

and the Plan Commission are as set forth below and include the following:

(1) Holding a hearing(s) and making a recommendation(s) to grant or deny a variation from the strict

application of this Chapter;

(2) Passing on the issuance or denial of conditional use permits;

(3) Resolving ambiguities in the language and application of this Chapter; and

(4) Taking actions allowed by law in furtherance of implementing the above powers and duties and/or

interpretation.

(B) Appeals from Administrative Officers.

(1) The Zoning Board of Appeals shall hear and decide any appeal where it is alleged that there is an error

in any order, requirement, decision, or determination made by the Zoning Administrator, or any other

person authorized to make an administrative decision under this Chapter and/or under Chapter 150,

or any other ordinance whose standards are incorporated by reference into this Chapter.

(2) An appeal may be taken by any person who is aggrieved within 45 days of an order, requirement,

decision, or determination made by the Zoning Administrator, or other person purporting to act under

administrative authority pursuant to this Chapter or under Chapter 150, “Building Regulations,” for

which the Board has been given authority to hear an appeal from that officer=s decision, by filing with

that official and the Zoning Board of Appeals a notice of appeal and stating the grounds for the appeal.

(3) An appeal stays all proceedings in furtherance of the action appealed from unless the officer from

whom the appeal is taken certifies to the Zoning Board of Appeals that by reason of the facts stated

in his or her certificate a stay would, in his or her opinion, cause an immanent peril to life or property,

and the Zoning Board of Appeals and/or Circuit Court issues a temporary restraining order and/or a

preliminary injunction.

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(C) Variations.

(1) Generally. The Zoning Board of Appeals or Plan Commission shall hold a public hearing and make

a recommendation to the Village Board to approve or deny requests for variations from the strict

application of this Chapter in situations and under conditions as set forth below.

(2) The Zoning Board of Appeals or Plan Commission should make findings of fact relative to whether

or not the applicant has shown by the preponderance of the evidence that the ordinance at issue has or

will subject his or her property to practical difficulties or a particular hardship and whether he, she, or

they demonstrated that the following conditions have been met:

(a) 1. The hardship was caused by unique circumstances relating to the subject property, and not

to general conditions in the respective zoning district.

2. This is the “uniqueness” test.

3. A hardship that is personal in nature does not qualify.

(b) 1. The subject property cannot yield a reasonable return if permitted to be used only under the

standards set forth in this Chapter.

2. This is the “lack of reasonable return” test.

3. Unnecessary hardship is not proven merely by a showing of economic loss, e.g., that the

property would be more valuable if the setback could be reduced to allow additional area

for development uses, but rather the degree of hardship will be found only if the financial

loss or disadvantage is so substantial as to amount to virtual confiscation.

(c) 1. The relief proposed will not alter the character of the locality.

2. This the “public welfare” test.

3. This test contemplates that the Village will consider how substantial the variation is, and

the extent to which the character of the neighborhood or the Village will be affected.

(d) The relief proposed is in harmony with the general purpose and intent the regulations.

(D) Conditional Use Permits. The Zoning Board of Appeals or the Plan Commission shall hear and make a

recommendation to approve or deny any application for a conditional use permit, and should generally

recommend that the conditional use permit be approved where the applicant has demonstrated by the

preponderance of the evidence that the standards of this Chapter, including the following shall be met:

(1) The use will comply with the dimensional requirements of this Chapter;

(2) The use will not materially and adversely affect the public health, safety, or welfare;

(3) The use will not substantially injure the value of adjoining or abutting properties;

(4) The use will be in harmony with the area in which it is located, or be a matter of public need;

(5) The use will not substantially contribute to an overburdening of municipal services; and

(6) The use will be in conformity with the Village’s Official Comprehensive Plan and other duly adopted

plans and policies of the Village.


15-154-61 Title XV

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' 154.152 RULES OF PROCEDURE.

(A) Generally.

The Zoning Board of Appeals and Plan Commission shall each act in an advisory capacity except that the

Zoning Board of Appeals shall act in a quasi-judicial role as to appeals.

(B) Application.

(1) An application for a conditional use permit, a variation, or an appeal shall be submitted to the Village

on the form provided by the Village and processed in substantial compliance with the requirements of

this Chapter.

(2) (a) When an application is received, the Zoning Administrator will review the application relative

to the requirements of this Chapter and determine if it is complete.

(b) The Zoning Administrator will notify the applicant if he or she determines that the application

is incomplete, and specify any additional information that will be required.

(c) Appeals from the Zoning Administrator=s decision and completed applications for a variation

or conditional use permit that are filed with the Zoning Administrator should be scheduled to

be heard at a public hearing by the Zoning Board of Appeals or by the Plan Commission, as

applicable to such request, as soon as reasonably practical.

(3) An application for any conditional use permit, for a variation, and/or any appeal of the Zoning

Administrator=s decision shall be accompanied by a fee as set forth in the most recent separate

ordinance or resolution of the Village establishing such fee(s).

(4) Every petition or application shall be accompanied by a fee as described above and which shall be

sufficient to defray the administrative costs incurred in processing the application, notifying adjacent

property owners (if and when required), and publishing a notice of public hearing as required herein

and as required by law, as well as a deposit with the Village to cover all out-of-pocket expenses

incurred or to be estimated to be occurred by the Village relative to such matter, the amount of which

deposit shall be determined by the Village Administrator.

(C) Copies. Unless otherwise required by the Zoning Administrator, any notice of appeal or application for a

conditional use permit or variation shall be filed with 20 copies.

(D) Notice for Variations.

(1) The applicant shall provide notice as required by 65 ILCS 5/11-13-6.

(2) The applicant shall file proof of compliance with such notice required by law with the Village Clerk

prior to or at the public hearing.

(E) Evidence in Conditional Use Permits and Variations.

(1) Witnesses testifying at hearings before the Zoning Board of Appeals or the Plan Commission relative

to proposed conditional use permit(s) and/or proposed variations shall be sworn and testify under oath.

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(2) Any objections to the evidence not being under oath shall be deemed waived if no objection is made

to the Zoning Board prior to the time that the Zoning Board of Appeals or Plan Commission makes

its findings of fact on the matter.

(F) Order of Presentation at Any Public Hearing Held Pursuant to This Zoning Code.

(1) The Chairperson of the Zoning Board of Appeals or of the Plan Commission shall conduct any public

hearing required to be held pursuant to this Zoning Code in such a manner as to afford substantive

due process, considering the nature of the proceeding, to all persons involved. The Chairperson should

follow the guidelines set forth below in conducting such hearings.

(a) 1. The Chairperson will call the matter and indicate the nature of request.

2. He or she will then identify persons intending to address the Zoning Board of Appeals or

Plan Commission and where a number of witnesses are involved, if it is possible, group the

witnesses and recognize one individual for purpose of allowing a limited cross-examination

of witnesses.

3. The Chairperson in the interest of protecting due process may need to recognize and align

those interested parties with similar views for the purpose of reducing redundancy in

cross-examination of the witnesses.

(b) 1. The Chairperson will then call on the Zoning Administrator to present the administrative

record and to present information relevant to the proceedings, or his or her designated

representative.

2. The Chairperson will allow the applicant, identified persons contending to be interested or

objecting parties, and the Zoning Board of Appeals or Plan Commission to cross-examine

the Zoning Administrator, or his or her designated representative.

(c) 1. The Chairperson will then call on the applicant to present his or her case and call his or her

witnesses.

2. Following direct testimony of each witness of the applicant, the Chairperson will afford an

opportunity for the Zoning Administrator, or his or her designated representative, or other

interested or objecting parties, and the Zoning Board of Appeals or Plan Commission to

cross-examine.

(d) 1. The Chairperson will then call on other interested or objecting parties to present their case

and respective witnesses.

2. Following direct testimony of each witness of other interested or objecting parties, the

Chairperson will afford an opportunity for the Administrator, applicant, other interested or

objecting parties, and the Zoning Board of Appeals or Plan Commission to cross-examine

such witnesses.

(e) 1. The Chairperson will then inquire as to whether there are any objections to the evidence

presented or the manner in which the Zoning Board of Appeals or Plan Commission has

proceeded.

2. The Chairperson will inquire of the Zoning Administrator, or his or her designated

representative as to what, if any, issues of substantial controversy need to be specifically

addressed.

3. Any objections to the evidence should be resolved prior to the Board making findings.

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(2) Except where a party objects at the hearing and prior to findings of fact being made relative to the

nature of the proceedings or the evidence presented, the failure of the Chairperson to follow the

procedure or determine if the evidence should be properly considered shall not constitute error or a

basis for appeal.

(G) Findings of Fact on Conditional Use Permits and Variations.

(1) Prior to the Zoning Board of Appeals or Plan Commission taking any action to recommend approval,

denial or approval with conditions of any conditional use permit or variation, the Zoning Board of

Appeals or Plan Commission, as the case may be, shall make findings of fact as to whether the

standards in this Chapter over which there has been substantial controversy have been complied with.

(2) (a) In considering findings of fact, the Chairperson should inquire of the Board members whether

each Board member believes that a particular standard has (or has not) been met.

(b) In the event that a motion is presented that does not contain findings of fact, such motion should

be modified to set forth the necessary findings of fact prior to a vote thereon, or a separate motion

which includes such findings should be considered and voted on.

(H) Decisions.

(1) Appeals: The Zoning Board of Appeals may reverse or affirm, wholly or partly; or may modify the

order, requirement, decision, or determination appealed from; and shall make any order, requirement,

decision, or determination that in its opinion ought to be made in the matter.

(2) Conditional Use Permits and Variations: The Zoning Board of Appeals or Plan Commission may

recommend reasonable conditions related to development pursuant to a conditional use permit where

the condition is related to mitigating or diminishing any adverse impact or effect related to any

standard in this Chapter, or may recommend reasonable conditions related to a variation where the

Zoning Board of Appeals or Plan Commission determines it is necessary to meet the spirit of this

Chapter. Without limiting the scope of the conditions, those conditions may include:

(a) That the proposed development be contingent on the existence of certain public facilities;

(b) That the proposed development be required to observe setbacks or separations from existing

uses in addition to that otherwise required by this Chapter; or to provide landscaping, in addition

to that otherwise required by this Chapter, or to place the structures on the site in a particular

location so as to lessen any adverse impact on adjoining properties; and/or

(c) That the proposed development be limited in terms of the hours, or manner, of operation to

lessen any adverse impact on adjoining properties.

(3) All conditional use permits and variations recommended by the Zoning Board of Appeals or Plan

Commission shall be subject to the condition that the proposed conditional use or variation, if

approved, will be developed and/or constructed in substantial compliance with the ordinance

approved by the Board of Trustees, if any, which approves and authorizes such conditional use permit

or variation.

(I) Special Voting Requirements.

(1) The concurring vote of not less than four members of the Zoning Board of Appeals or Plan

Commission entitled to vote on the specific matter shall be necessary to:

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(a) Reverse any order, requirement, decision, or determination of the Zoning Administrator or other

officer charged with enforcement of this Chapter or Chapter 150 for which the Zoning Board of

Appeals has been given authority to hear an appeal from that officer=s decision;

(b) To recommend the grant of a variation or of a conditional use permit; and

(c) To recommend in favor of the matter upon which the Zoning Board of Appeals is required to

pass.

(2) Any absent member who certifies that he or she has read the transcript of the proceedings before the

Zoning Board of Appeals or Plan Commission may vote upon any question heard by their respective

public body.

(J) Quorum. A quorum for the purpose of hearing any matter or doing business is a majority of the members

of the Zoning Board of Appeals or Plan Commission.


' 154.153 APPEAL.

Any person aggrieved by any final decision of the Zoning Board of Appeals shall be subject to judicial review

pursuant to the provisions of the Administrative Review Law, as provided in 65 ILCS 5/11-13-13.


ADMINISTRATIVE AND LEGAL PROVISIONS

' 154.165 ADMINISTRATION OF THIS CHAPTER.

(A) The Zoning Administrator of the Village is hereby authorized, and it shall be his or her duty, to administer

and enforce the provisions of this Chapter.

(B) An appeal from the decision of the Zoning Administrator as to any of the following may be made to the

Zoning Board of Appeals as provided in '' 154.150 through 154.153:

(1) The completeness of an application;

(2) The location of a district line or boundary;

(3) The issuance or denial of a certificate of zoning compliance; and

(4) Any other decision delegated to him or her under this Chapter.

(Ord. 9-1-A, passed 3/21/1996)

' 154.166 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.

(A) Change of Use. Except where specifically exempted by this Chapter, no occupied or vacant land, and no

existing or new structure, shall hereafter be changed in its use in whole or in part unless and until either a

certificate of zoning compliance is issued by the Zoning Administrator, and, where required, a conditional

use permit or zoning variation has been approved by an ordinance of the Corporate Authorities of the

Village.

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(B) New Development.

(1) Except where specifically exempted by this Chapter, no building or structure shall be constructed,

erected, repaired, altered, added to, moved onto a lot, in whole or in part, until a certificate of zoning

compliance is issued by the Zoning Administrator and where required, a conditional use permit and/or

a zoning variation has been approved by an ordinance of the Corporate Authorities of the Village.

(2) Any change to the copy of a sign, other than to that area designated and approved for changeable copy,

shall constitute a new structure and require a permit.

(C) Building Permit. No building permit for the extension, erection, or alteration of any building shall be issued

before an application has been made and a certificate of zoning compliance issued and where required, a

conditional use permit, and/or a zoning variation has been issued permitting the use of the property as

required in this Zoning Code.

(D) Certificate of Occupancy.

(1) No building, or any portion thereof, shall be occupied unless a certificate of occupancy has been

issued.

(2) A certificate of occupancy shall not be issued until the premises have been inspected and found by the

Zoning Administrator to comply with the requirements of this Chapter.

(3) No permit for any new use or construction which will involve the on-site disposal of sewage or waste,

and no permit for a change in use or an alteration which will result in an increased volume of sewage

or waste to be disposed of on the site, or which requires approval of the applicable county health

department shall be issued until such approval has been issued by the appropriate county health

department.


' 154.167 APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE.

(A) Application. Consistent with the provisions of this Chapter, the application for a certificate of zoning

compliance shall be on the form and contain the information as the Zoning Administrator shall determine is

necessary to determine if the proposed use or structure will comply with the provisions of this Chapter.

(B) Site Plan or Drawing Required.

(1) (a) Except as provided in this Section, every development shall submit a site plan which shows the

location and dimension, both proposed and existing of the following:

1. Structures (including the number of dwelling units);

2. Property lines;

3. Setback lines;

4. Street or road right-of-way;

5. Areas in the flood plain or floodway;

6. Parking spaces;

15-154-66 Title XV

(04/20)

7. Points of ingress and egress;

8. Utilities facilities

9. Recreation space and facilities;

10. Storm drainage facilities;

11. Easements for the facilities;

12. Topographic information;

13. Soil erosion measures;

14. Screening;

15. Plantings;

16. Landscaping; and

17. Any other site aspects required by the Zoning Administrator to determine if the design

standards and other aspects of this Chapter will be met.

(b) Single-family residences and duplexes shall submit a site plan which shows the location and

dimension, both proposed and existing, of the property lines, the setback lines, the street or road

right-of-way, any structures to be located on the lot, utility facilities, easements and any other

information as the Zoning Administrator may require to determine if the design standards and

other aspects of this Chapter will be met.

(c) Structural uses shall submit architectural drawings and the information as the Zoning

Administrator may require to determine if ' 154.100 or other design standards related to

appearance will be met.

(2) Applicants for a permit related to compliance with architectural standards shall submit architectural

drawings showing proposed front facade changes or elevations.

(3) Applicants for a permit related to a sign shall submit a drawing which shows the location and

dimensions of the proposed sign, together with its location on the lot, the amount and location of copy,

and any other information needed to determine whether the sign complies with the standards of this

Chapter.

(C) Complete Application.

(1) When an application is received, the Zoning Administrator will review the application in relation to

the requirements of this Chapter and determine if such application is complete.

(2) The Zoning Administrator will notify the applicant if he or she determines that the application is

incomplete, and specify any additional information that will be required.

(3) Completed applications will be processed as quickly as reasonably possible considering the scope of

the development and the difficulty in determining whether the ordinance provisions will be met.

(D) Copies. Unless otherwise required by the Zoning Administrator, all applications and site plans shall be filed

with enough copies to allow full review by the permit issuing authority, including one copy for each Village

Board member, one for the Village Attorney, two for the Village Engineer, and two for the file.

(E) Location of District Lines.

(1) The Zoning Administrator shall determine the location of any zoning district boundary line in the

event that the location of such a line is in dispute.

15-154-67 Title XV

(04/20)

(2) The determination shall be made consistent with '' 154.015 through 154.023 which addresses

presumptions concerning the location of the district lines.


' 154.168 CONDITIONAL USE PERMITS.

(A) Application.

(1) All applications for a conditional use permit shall be on a form as specified by the Zoning

Administrator.

(2) Each application shall address all information required by the certificate of zoning compliance plus

the additional matters as may be necessary to determine whether the proposed development or change

of use complies with additional standards for granting a conditional use permit.

(3) Every petition shall be accompanied by a fee as set forth below and which shall be sufficient to defray

the administrative costs incurred in processing the application, notifying adjacent property owners,

and publishing a notice of public hearing as required herein.

(4) Every petition or application for a conditional use permit shall be accompanied by a fee as set forth

below and which shall be sufficient to defray the administrative costs incurred in processing the

application, notifying adjacent property owners (if and when required), and publishing a notice of

public hearing as required herein and as required by law, as well as a deposit with the Village to cover

all out-of-pocket expenses incurred or to be estimated to be occurred by the Village relative to such

matter, the amount of which deposit shall be determined by the Village Administrator.

(B) Site Plan.

(1) A site plan which meets the requirements of ' 154.167(B) shall be filed with the application.

(2) The site plan shall incorporate the additional matters as may be necessary or desirable to make the

use(s) more harmonious with adjacent or nearby uses, and to comply with other requirements for a

special use permit.

(C) Complete Application.

(1) When an application is received, the Zoning Administrator will review the application against the

requirements of this Chapter and determine if it is complete.

(2) The Zoning Administrator will notify the applicant if he or she determines that the application is

incomplete, and specify any additional information that will be required.

(3) Completed applications that are filed with the Zoning Administrator shall be scheduled for the next

available Zoning Board of Appeals or Plan Commission meeting for the required public hearing in

such case.

(4) Nothing shall preclude the applicant and Zoning Administrator from arranging for the matter to be

heard at a different time, providing the Chairperson of the Zoning Board consents.

15-154-68 Title XV

(04/20)

(D) Copies. Unless otherwise required by the Zoning Administrator, every application and site plan shall be

filed in duplicate.


' 154.169 AMENDMENTS TO THIS CHAPTER AND THE OFFICIAL ZONING MAP.

(A) Generally. The Board of Trustees, the Village Administrator, the Zoning Administrator, the Plan

Commission, or the Zoning Board of Appeals, or any interested party, may, upon petition, after public notice

and hearing, seek an amendment to this Zoning Code and/or to the Official Zoning Map which is part hereof,

subject to the rules and procedures established by law and set forth herein.

(B) Form of Petitions.

(1) Petitions to amend the text of this Zoning Code or the Official Zoning Map, which is part hereof, shall

be on the form as the Zoning Administrator shall specify.

(2) Such petitions shall include any information necessary for full review and consideration by the Plan

Commission, or by the Zoning Board of Appeals and by the Board of Trustees, including, but not

limited to:

(a) The text of the proposed ordinance;

(b) A map of the area to be rezoned (where applicable); and

(c) A statement explaining the:

1. Nature of the proposed change;

2. Reasons for the change; and

3. Effects anticipated from the change.

(3) Every petition or application to amend the text of this Zoning Code and/or the Official Zoning Map

shall be accompanied by a fee as set forth below and which shall be sufficient to defray the

administrative costs incurred in processing the application, notifying adjacent property owners (if and

when required), and publishing a notice of public hearing as required herein and as required by law,

as well as a deposit with the Village to cover all out-of-pocket expenses incurred or to be estimated to

be occurred by the Village relative to such matter, the amount of which deposit shall be determined

by the Village Administrator.

(4) The Zoning Administrator shall determine if the petition is complete.

(C) Public Hearing Required.

(1) No regulation or map shall be amended, supplemented, changed, modified, or repealed until after a

public hearing has been held at which the parties in interest and citizens shall have an opportunity to

be heard.

(2) A notice of the public hearing shall be given in a newspaper with general circulation in the Village

not less than 15 days nor more than 30 days before the date fixed for the public hearing.

(3) The day of publication shall be included, but the day of the hearing shall not be included.

15-154-69 Title XV

(04/20)

(D) Protest Petitions.

(1) In the case of a protest against a proposed change or amendment of the zoning ordinance or zoning

map signed by the owners of 20% or more of either the frontage proposed to be altered, or the frontage

immediately adjoining or across from an alley therefrom, or the frontage directly opposite the frontage

proposed to be altered, the amendment shall not become effective except by favorable vote of

two-thirds of all the trustees of the Village then holding office.

(2) No protest against any change or amendment to the zoning ordinance or zoning map shall be valid

unless it is in the form of a written petition actually bearing the signatures of the requisite number of

property owners and stating that the signers do protest the proposed change.

(E) Effect of Denial. No proposed change in the zoning ordinance or zoning map, if denied by the Village Board

of Trustees, may be resubmitted within a period of one year from the date of denial by the Village Board of

Trustees, unless the Village Board of Trustees shall first determine in a separate resolution that the

circumstances related to a determination of the proper zoning for the area has so substantially changed from

the date of the Village Board of Trustees’ previous consideration that a petition for rezoning should be

accepted.


' 154.170 CONSIDERATION BY AN APPOINTED BOARD.

(A) Whenever a public hearing is required on any application or petition pursuant to this Zoning Code, the

Village’s Board of Trustees may refer the matter to either the Zoning Board of Appeals or the Plan

Commission as the Board of Trustees deems appropriate, or as may be required by statute, for a full

consideration at a public hearing and a recommendation thereon.

(B) The Village’s Board of Trustees shall not take final action on a proposal to amend this Chapter until the

designated appointed board has had an opportunity to hold the required public hearing on the matter and

make a recommendation not to approve, to deny, or to approve with conditions.

(C) Except as may otherwise be determined by the Board of Trustees in a given case, appeals and applications

for variation(s) and/or for conditional use permit(s) shall be heard by the Zoning Boards of Appeals, and

applications for zoning text amendments and/or map amendment(s) and conditional use permit(s) in the

nature of planned developments shall be heard by the Plan Commission.

(Ord. 2014-9-1-B, passed 4/16/2014)

' 154.171 EXPIRATION OF PERMITS.

(A) Any permit or variation issued pursuant to this Chapter, including any certificate of zoning compliance,

conditional use permit, or variation, shall expire automatically, if within two years after the issuance of the

permit or variation, all construction, excavation, demolition, alteration, or similar work authorized by the

permit or variation has been completed on the site.

(B) Furthermore, if at any time more than one year after the issuance of any such permit or variation, work in

furtherance of the permit or variation is discontinued for a period of one year, then the permit or variation

shall immediately expire.

15-154-70 Title XV

(04/20)

(C) Time spent in litigating a matter directly related to the issuance of the permit or variation shall not be counted

in determining any time period set forth above.

(D) For purposes of this section, a permit or variation is issued by a board when the Board votes to approve the

same, and by the Administrator when the Administrator signs the permit, or in the event of an appeal

therefrom when a final decision or determination granting or upholding a permit or an appeal related thereto

becomes final.


' 154.172 FEES.

Prior to processing any application(s) for any permits, certificates or approvals pursuant to this Chapter, the

applicant shall pay in full to the Village any fee required and shall also deposit with the Village the amounts as

required by this Village Code or as otherwise determined by the Village Administrator to cover the estimated cost

of all out-of-pocket expenses which may be incurred by the Village relative to such application(s).


' 154.173 CONFLICTS.

(A) In interpreting and applying the provisions of this Chapter, the provisions shall be held to the minimum

requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare.

(B) It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants, or other

agreements between parties, provided, however, that where this Chapter imposes a greater restriction upon

the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are

imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the

provisions of this Chapter shall govern.

(Ord. 9-1-A, passed 3/21/1996)

' 154.999 PENALTY.

(A) Penalties.

(1) Any person, firm, or corporation who violates any provision of this Chapter, whether through

ownership, use, or construction, shall, upon conviction, be guilty of a petty offense and shall be fined

not less than $200 nor more than $750 for each offense.

(2) Each day that a violation exists shall be considered a separate offense.

(B) Civil Action. In addition to any other remedy allowed by law, the Village may institute any appropriate

action, or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair,

conversion, maintenance, or use, to restrain, correct, or abate the violation, to prevent the occupancy of the

building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about the premises,

or to seek enforcement by an appropriate equitable remedy issuing from a court of competent jurisdiction.


15-154-71 Title XV

(04/20)

APPENDIX A: STRUCTURES PERMITTED IN YARDS

Type of Structure

Front

Side Abutting

Street

Interior Side

Rear

Building-Related:

Air-conditioning condensers for central air-conditioning

units

X

Awnings and canopies

X

X

X

X

Balconies

X

Chimneys projecting 24 inches or less into yard

X

X

X

X

Cornices, sills, belt courses, and other ornamental features

projecting 18 inches or less into yard

X

X

X

X

Exterior fire escapes

X

X

X

X

One-story bay windows projecting 3 feet or less into yard

X

X

X

Open terraces not over 4 feet above average level of

adjoining ground and not projecting over 10 feet into yard

X

X

X

Overhanging eaves and gutters projecting less than 25%

of depth of yard

X

X

X

X

Steps which are necessary to access a building

X

X

X

X

Landscaping and Ornamental Structures:

Arbors and trellis

X

Breezeways

X

Fences

X

X

X

X

Flag poles

X

X

X

X

15-154-72 Title XV

(04/20)

Type of Structure

Front

Side Abutting

Street

Interior Side

Rear

Light standards

X

X

X

X

Trees and shrubs

X

X

X

X

Recreational Structures:

Playground equipment

X

Swimming pools set back 3 feet from lot line and

surrounded by woven-wire fence having not less than

2-inch open mesh and not less than 5 feet in height

X

X

Tennis courts

X

Parking-Related:

Enclosed off-street parking, attached or detached,

covering less than 30% of yard area

X

Open off-street parking areas in nonresidential districts

X

X

Other:

Fallout shelters

X

Fuel pumps and air and water outlets in conjunction with

automobile service station and 15 feet from lot line

X

X

Sheds, tool rooms, and similar accessory buildings

X

Signs and nameplates

X

X

(Ord. 9-1-A, passed 3/21/1996)

15-154-73 Title XV

(04/20)

APPENDIX B: TABLE OF PERMITTED USES

Uses marked with an “X” are permitted by right.

Uses marked with a “C” are permitted with a conditional use permit.

Uses not marked with either an “X” or a “C” are not permitted.

Unlisted uses are prohibited by this Title. The listing of a use as “prohibited” or “not permitted”

in this Title shall not be construed to permit unlisted uses by inference.

Number

Use

E

R

NC

OI

BG

BN

BW

M

0.000

Parks

0.100

Passive

X

X

X

X

X

X

X

X

0.200

Active

0.210

Lighted

C

C

C

C

X

C

X

X

0.220

Unlighted

X

X

X

X

X

X

X

X

1.000

Residential

1.100

Single-family

1.110

Single-family detached

X

X

X

1.120

Single-family attached

C

1.200

Two-family

X

1.300

Multi-family

C

1.400

Manufactured housing

1.410

Mobile homes

1.420

Mobile home parks

C

2.000

Group homes; care facilities

15-154-74 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

2.100

Commercial housing

2.110

Bed and breakfast

C

C

C

2.120

Hotel, motel

C

C

C

C

2.200

Care facilities

2.210

Day care centers, preschool

C

C

C

C

2.220

Institutions for care of children

C

2.230

Family care home

C

C

C

C

2.240

Institutions for care of aged

C

2.250

Nursing homes

C

2.260

Other domiciliary home

C

3.000

Educational, cultural

3.100

Educational, public or private

3.110

Elementary school

C

C

C

X

3.120

Junior high school

C

C

C

X

3.130

High school

C

C

C

C

3.140

Vocational schools

C

3.150

Colleges and universities

C

C

C

C

3.200

Places of public assembly

C

C

C

X

C

3.300

Libraries

C

C

C

X

X

X

C

15-154-75 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

3.400

Clubs or lodges

C

C

C

3.450

501(C)(3) Organizations

C

C

C

3.500

Convents, monasteries, and seminaries

C

C

C

X

C

4.000

Emergency service

4.100

Police stations

C

C

C

C

C

4.200

Fire stations

C

C

C

C

C

4.300

Rescue squad

C

C

C

C

C

5.000

Entertainment: Indoor

5.100

Indoor playgrounds

X

C

C

5.200

Theaters

X

X

C

X

5.300

Sports arenas

X

C

5.400

Health spas, gymnasiums, YMCA

X

C

C

5.500

Community centers

X

C

C

5.600

Bowling alleys

C

C

X

5.700

Billiard parlors

C

X

5.800

Video arcades

C

5.900

Other indoor entertainment

C

6.000

Entertainment: Outdoor

6.100

Courts

15-154-76 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

6.110

Tennis courts

C

C

C

C

C

X

6.120

Basketball courts

C

C

C

C

C

X

6.200

Batting cages

C

6.300

Golf

6.310

Miniature golf

C

6.320

Golf driving range

C

C

X

6.330

Golf course (standard or par 3)

C

C

C

6.340

Indoor Golf

C

C

6.400

Equestrian sport facilities

C

6.500

Shooting ranges

6.501

Shooting range, indoor

C

C

6.502

Shooting range, outdoor

6.510

Archery Ranges

6.511

Archery range, indoor

C

6.512

Archery range, outdoor

C

6.520

Rifle ranges

6.521

Rifle range, indoor

C

6.522

Rifle range, outdoor

C

6.600

Outdoor theaters

C

15-154-77 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

6.700

Other recreation facilities

C

C

7.000

Office

7.100

Service-oriented

7.110

Medical

7.111

Medical or dental, not clinic

X

C

7.112

Medical or dental, clinic

C

X

C

7.113

Medical Cannabis Cultivation Center

C

7.114

Medical Cannabis Dispensing Center

C

7.115

Adult Use Cannabis Business Establishments

7.115.1

Adult Use Craft Grower

C1

C1

C1

7.115.2

Adult Use Cultivation Center

7.115.3

Adult Use Dispensing Center

C1

C1

C1

7.115.4

Adult Use Infuser Organization or Infuser

C1

C1

C1

7.115.5

Adult Use Processing Organization or

Processor

C1

C1

C1

7.115.6

Adult Use Transporting Organization or

Transporter

7.116

Physical therapy

X

C

7.120

Banks and financial institutions

7.121

Banks, no drive-in

X

C

1 Footnote: “C1” indicates the specified use or uses may only be authorized as a conditional use and on the same site and in conjunction

with a conditional use for an Adult-Use Dispensing Center which has already been or will be granted by the Village.

15-154-78 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

7.122

Banks, with drive-in

C

7.123

Loan offices

X

C

7.130

Professional and business

X

C

7.140

Employment agencies

X

C

7.200

Not service-oriented

7.210

Newspaper

X

7.220

Radio and television broadcasting

X

C

X

7.230

Contractor=s office

X

8.000

Institutional

8.100

Post offices

X

C

8.200

Municipal offices

X

X

C

8.300

Hospitals

C

8.400

Museums

X

C

8.500

(Reserved)

8.600

Meeting facilities

X

C

9.000

Services (not motor vehicle related)

9.100

Personal care

9.110

Barbershops and beauty parlors

X

X

C

9.120

Photography studios

X

C

15-154-79 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

9.200

Crafts: jewelry, art, needlework

9.210

Art, needlework, jewelry

X

C

9.220

Picture framing with retail sales

X

C

9.230

Photo developing

X

C

9.240

Leather goods

X

C

9.250

Taxidermists

X

C

X

9.260

Engraving

X

C

9.300

Paper copy related

9.310

Blueprinting and photostating

X

C

X

9.320

Printing and publishing

X

C

X

9.400

Appliance repair

9.410

Radio, television repair

X

C

X

9.420

Household appliance repair

X

C

X

9.500

Apparel

9.510

Shoe and hat repair

X

C

9.520

Tailor shops

X

C

9.530

Custom dressmaking

X

C

9.600

Laundries

9.610

Launderettes, including self-service

C

X

X

15-154-80 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

9.620

Dry cleaning

9.621

Processing done elsewhere

X

X

C

9.622

Processing done on-site

C

C

9.630

Laundries

X

C

X

9.700

Animal care

9.710

Animal hospitals

C

C

X

9.720

Kennels

C

9.730

Pet grooming

X

9.800

Miscellaneous

9.810

Exterminating service

X

C

9.820

Bicycle repair

X

C

9.830

Locksmith shops

X

C

9.840

Interior decorating shop

X

C

9.850

Denture and optical lenses

X

C

X

10.000

Retail

10.100

Retail, high-volume traffic

10.101

Antique shops

X

C

X

10.102

Art and school supply stores

X

C

10.103

Bakeries

X

C

15-154-81 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

10.104

Book and stationery stores

X

C

X

10.105

Candy and ice cream stores

X

10.106

China and glassware stores

X

C

10.107

Clothing stores

X

C

X

10.108

Computer software store

X

C

X

10.109

Department stores

X

C

10.110

Drug stores

X

C

10.111

Dry goods

X

C

10.112

Florist shops

X

C

X

10.113

Gift shops

X

10.114

Grocery stores

X

C

X

10.115

Haberdasheries

X

C

10.116

Hardware stores

X

C

10.117

Hobby shops

X

C

X

10.118

Liquor stores, package goods only

10.119

Meat markets, retail sales only

X

C

X

10.120

Millinery shops

X

C

10.121

Music stores, record sales

X

C

X

10.122

Shoe stores

X

15-154-82 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

10.123

Sporting goods stores

X

10.124

Tobacco shops

C

C

10.125

Toy shops

X

10.200

Retail, Low-Volume Traffic

10.201

Art galleries

X

C

X

10.202

Bicycle stores

X

C

10.203

Camera and photographic supply

X

C

X

10.204

Carpet and rug stores

X

C

10.205

Coin and philatelic stores

X

C

10.206

Computer hardware store

X

C

X

10.207

(Reserved)

10.208

Furniture stores

X

C

10.209

Furrier shops

X

C

10.210

Household appliance retail sales

X

C

10.211

Household sewing machines sales

X

C

10.212

Jewelry stores

X

X

10.213

Leather goods and luggage stores

X

X

10.214

Musical instrument sales

X

X

10.215

Office supply stores

X

C

15-154-83 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

10.216

Print and wallpaper stores

X

C

10.217

Travel bureaus and transportation

X

X

10.218

Typewriting and adding machines

X

C

10.300

(Reserved)

10.400

Other Retail Uses

10.401

Business and office equipment

X

C

10.402

Clothing stores and costume rental

X

C

10.403

Domestic pet shops

10.404

Fuel and ice retail sales

10.405

Greenhouses, retail

X

C

X

10.406

Lighting and air conditioning

C

10.407

Open sales lots

10.408

Pawn shops

10.409

Plumbing and heating stores

C

X

10.410

Second-hand stores and rummage

C

10.411

(Reserved)

10.412

Ventilating or electrical equipment

C

11.000

Restaurants

11.100

No alcoholic beverages

15-154-84 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

11.110

Sit-down

X

C

11.120

Drive-in

C

C

11.200

Alcoholic beverages

11.210

Sit-down

C

C

11.220

Drive-in

C

C

11.300

Taverns

C

C

C

11.400

Delivery only

X

C

11.500

Delicatessens

X

X

C

11.600

Catering

X

C

X

12.000

Integrated shopping center

C

13.000

(Reserved)

14.000

Vehicle

14.100

Auto

14.110

Gas sales

14.120

Repair within enclosed structure

14.121

No painting or body repair

X

C

14.122

Painting, body repair

C

C

X

14.130

Car wash

C

14.140

Motor vehicle sales

C

15-154-85 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

14.200

Boat

14.210

Boat sales

C

14.220

Boat repair

C

14.230

Boat storage

C

14.300

Parking lots, parking garages, and parking structures

14.301

On-Site Parking

X

C

X

14.302

Off-Site Parking and/or Shared Parking

C

C

C

14.303

Parking lot(s) (stand-alone)

14.304

Parking garage(s)

15.000

Wholesale sales

15.100

Within enclosed structure

X

15.200

Outside enclosed structure

C

15.300

Specific types

15.310

Shipping

15.311

Cartage, express, parcel

C

15.312

Mail-order service stores

C

X

15.313

Packing and crating establishment

X

15.320

Agricultural

15.321

Garden supply and seed stores

X

C

X

15-154-86 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

15.322

Greenhouses, wholesale

X

15.323

Growing farm and garden nursery

C

X

15.324

Milk distribution stations

15.330

Building materials establishments

15.331

Not including milling, planing

X

15.332

Including milling, planing, joining

C

15.340

Other

15.341

Auction sales

C

X

15.342

Electrical and gas fixtures

X

15.343

Importers and distributors

X

15.344

Orthopedic and medical appliances

X

16.000

Storage

16.100


16.110

Nonhazardous

16.120

Hazardous

16.200


16.300

Specific uses

16.310

Petroleum; greater than 100,000 gallons

C

16.320

Lumberyards

C

15-154-87 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

16.330

Frozen food shop, including lockers

X

17.000

Manufacturing

17.100

Specific uses

17.101

Abattoirs

17.102

Bottling works

17.103

Cement concrete or asphaltic

17.104

Creosote treatment

17.105

Fat rendering

] 7.106

Fertilizer manufacture

17.107

Laboratories, medical and dental

X

17.108

Natural or synthetic rubber

17.109

Ore reduction

17.110

Petroleum processing or refining

17.111

Pyroxylin manufacturing

17.112

Research laboratories

X

17.113

Sauerkraut manufacture

17.114

Smelters

17.115

Soap manufacture

17.116

Stock yard or slaughter of animal

15-154-88 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

17.117

Tallow, grease, or lard manufacturing

17.118

Tanning, curing, or storage

17.119

Tar distillation or manufacture

17.200

Other manufacturing

17.210

Light manufacturing

17.220

Meeting performance standards

C

17.230

Not meeting performance standards

18.000

Agricultural

18.100

Row crops

18.110

Without accessory retail

X

X

18.120

With accessory retail

C

X

18.200

Raising livestock for research

C

X

18.300

Livestock

C

X

18.400

Hatcheries

18.410

Chicken

C

18.420

Fish

C

C

18.500

Equipment

18.510

Farm equipment sales

X

18.520

Farm equipment repair

X

15-154-89 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

18.600

Auction

X

19.000

(Reserved)

20.000

Utilities

20.100

Radio, television, microwave towers

20.110

Under 50 feet

C

C

20.120

50 feet and higher

C

C

C

C

C

C

C

C

20.125

Dish antenna, exempt (one meter or less in diameter)

X

X

X

X

X

X

X

X

20.130

Dish antenna, other

C

C

C

C

C

C

C

C

20.135

Ham radio antenna (under 50 feet in height)

X

X

X

X

X

X

X

X

20.140

Ham radio antenna, other

C

C

C

C

C

C

C

C

20.200

Major public utility uses

20.210

Electric substation

C

C

C

C

C

C

C

X

20.220

Gas regulator stations

C

C

C

C

C

C

C

X

20.230

Telephone exchanges

C

C

C

X

20.240

Water treatment

C

20.250

Wastewater treatment

C

20.260

Electric generating

20.270

(Reserved)

20.280

Other major public utility uses

C

15-154-90 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

21.000

Transportation

21.100

Airports

21.200

Bus shelters

C

C

C

C

C

C

X

21.300

Bus stations, bus garages, bus lots

C

C

C

C

C

C

C

X

21.400

Heliports

X

21.500

Passenger railroad stations

C

C

C

X

21.600

Taxi stands

C

C

C

22.000

Funeral related uses

22.100

(Reserved)

22.200

(Reserved)

22.300

(Resereved)

22.400

Monument establishments

X

23.000

Regional uses

23.100

Extractive uses

C

23.200

Dumping

23.210

Sanitary landfills

C

23.220

Junkyards

23.230

Auto wrecking yards

24.000

Signs

15-154-91 Title XV

(04/20)

Number

Use

E

R

NC

OI

BG

BN

BW

M

24.100

Off-premises

C

24.200

On-premises (accessory use)

X

X

X

X

X

X

C

X

24.300

Digital Signs

C

C

C

C

C

25.000

Accessory and temporary uses

X

X

X

X

X

X

C

X

25.100

Accessory uses

25.110

Cocktail lounges (to restaurant)

C

C

25.120

Home occupations (to residential)

X

X

X

X

25.200

Temporary uses

25.210

Subject to the Restrictions and

limitations contained in ' 154.121

X

X

X

X

X

X

C

25.220

Model homes

25.221

With sales office

X

X

X

X

25.222

Without sales office

X

X

X

X

26.000

Planned unit developments

C

C

C

C

(Ord. 9-1-A, passed 03/21/1996; Amd. Ord. passed 06/17/2009; Amd. Ord. 2014-9-1-B, passed 04/16/2014; Amd. Ord. 2016-

09-21-01, passed 09/21/2016; Amd. Ord. 2019-12-01, passed 12/04/2019; Amd. Ord. 2019-12-03, passed 12/18/2019; Amd.

Ord. 2020-04-01, passed 04/01/20)

15-154-92 Title XV

(04/20)

APPENDIX C: TABLE OF DIMENSIONAL CRITERIA

Zoning

District

Lot

Area

Lot

Width

Front

Yard

Street

Side

Yard

Other

Side

Yard

Rear

Yard

Res.

Density

Nonres.

Density

Cover

Height

Floor

Area

E

21,780

100

40

40

12

30

1.20

4.00

25

35

1,800

R

10,000

75

30

30

7.5

20

2.58

4.00

35

35

1,500

NC

7,500

75

30

30

7.5

20

3.48

4 00

40

35

1,500

OI

21,780

100

40

25

10

30

***

6.00

50

35

1,000

BG

43,560

200

10

10

10

20

***

9.00

70

35

850

BN

43,560

200

10

10

10

20

***

6.00

70

35

1,000

BW

21,780

100

10

10

10

20

***

9.00

70

35

850

M

43,560

150

40

25

10

30

***

9.00

50

35

850

NOTES TO TABLE:

*** - See ' 154.116

Abbreviations for column headers: Res. means residential; Non res. means nonresidential.

Lots served by septic systems, rather than public or community sewers, must comply with the applicable county health regulations

regarding minimum lot area.

(Ord. 9-1-A, passed 3/21/1996; Ord. passed 10/19/2005)

15-154-93 Title XV

(04/20)

APPENDIX D: TABLE OF PARKING

Number

Use

DU

GFA

Employee

Unit

Type Unit

0.000

Parks

0.100

Passive

0.200

Active

0.210

Lighted

5.00

Field

0.220

Unlighted

5.00

Field

1.000

Residential

1.100

Single-family

1.110

Single-family detached

2.00

1.120

Single-family attached

2.00

1.00

4

dwellings

1.200

Two-family

2.00

1.300

Multi-family

1.75

1.00

4

dwellings

1.400

Manufactured housing

1.410

Mobile homes

2.00

1.420

Mobile home parks

2.00

2.000

Group homes; care facilities

2.100

Commercial housing

2.110

Bed and breakfast

1.00

1.60

Bedroom

15-154-94 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

2.120

Hotel, motel

1.00

1.00

Room

2.200

Care facilities

2.210

Day care centers, preschool

1.15

2.220

Institutions for care of children

1.00

0.36

Bed

2.230

Family care home

2.00

1.00

Resident

2.240

Institutions for care of aged

1.00

0.36

Bed

2.250

Nursing homes

1.00

0.36

Bed

2.260

Other domiciliary home

1.00

0.36

Bed

3.000

Educational, cultural

3.100

Educational

3.110

Elementary school

Seat

3.120

Junior high school

1.15

Seat

3.130

High school

1.15

0.25

Seat

3.140

Vocational schools

1.15

0.25

Seat

3.150

Colleges and universities

0.95

Student

3.200

Religious institutions

3.210

Churches, temples, synagogues

0.30

Seat

3.220

Convents, monasteries and seminary

0.30

Seat

3.300

Libraries

300

15-154-95 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

3.400

Clubs or lodges

200

3.500

Other religious, educational, and the like

300

4.000

Emergency service

1.15

4.100

Police stations

1.15

4.200

Fire stations

1.15

4.300

Rescue squad

5.000

Entertainment: Indoor

5.100

Indoor playgrounds

5.200

Theaters

200

5.300

Sports arenas

0.30

Seat

5.400

Health spas, gymnasiums, YMCA

200

5.500

Community centers

200

5.600

Bowling alleys

6.00

Alley

5.700

Billiard parlors

200

5.800

Video arcades

200

5.900

Other indoor entertainment

200

6.000

Entertainment: Outdoor

6.100

Courts

6.110

Tennis courts

2.00

Court

15-154-96 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

6.120

Basketball courts

5.00

Court

6.200

Batting cages

200

6.300

Golf

6.310

Miniature golf

18.0

18 holes

6.320

Golf driving range

1.15

Tee

6.330

Golf course (standard or par 3)

1.00

36.0

18 holes

6.400

Equestrian sport facilities

0.50

Seat

6.500

Shooting ranges

6.510

Archery ranges

1.15

Range

6.520

Rifle ranges

1.15

Range

6.600

Outdoor theaters

1.15

6.700

Other recreation facilities

200

7.000

Office

7.100

Service-oriented

7.110

Medical

7.111

Medical or dental, not clinic

312

7.112

Medical or dental, clinic

212

7.120

Banks and financial institutions

7.121

Banks, no drive-in

206

15-154-97 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

7.122

Banks, with drive-in

206

7.123

Loan offices

312

7.130

Professional and business

312

7.140

Employment agencies

200

7.200

Not service-oriented

7.210

Newspaper

1,380

7.220

Radio and television broadcasting

1,380

7.230

Contractor=s office

1,380

8.000

Institutional

8.100

Post offices

227

8.200

Municipal offices

227

8.300

Hospitals

2.05

Bed

8.400

Museums

312

8.500

Armories

200

8.600

Meeting facilities

200

9.000

Services (not motor vehicle related)

9.100

Personal care

9.110

Barbershops and beauty parlors

244

9.120

Photography studios

312

15-154-98 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

9.200

Crafts: jewelry, art, needlework

9.210

Art, needlework, jewelry

244

9.220

Picture framing with retail sales

244

9.230

Photo developing

244

9.240

Leather goods

244

9.250

Taxidermists

312

9.260

Engraving

244

9.300

Paper copy related

9.310

Blueprinting and photostating

312

9.320

Printing and publishing

312

9.400

Appliance repair

9.410

Radio, television repair

312

9.420

Household appliance repair

312

9.500

Apparel

9.510

Shoe and hat repair

312

9.520

Tailor shops

312

9.530

Custom dressmaking

312

9.600

Laundries

9.610

Launderettes, including self-service

100

15-154-99 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

9.620

Dry cleaning

9.621

Processing done elsewhere

100

9.622

Other

244

9.630

Laundries

200

9.700

Animal care

9.710

Animal hospitals

244

9.720

Kennels

312

9.730

Pet grooming

244

9.800

Miscellaneous

9.810

Exterminating service

1,380

9.820

Bicycle repair

312

9.830

Locksmith shops

1,380

9.840

Interior decorating shop

312

9.850

Denture and optical lenses

312

10.000

Retail

10.100

Retail, High-Volume Traffic

10.101

Antique shops

244

10.102

Art and school supply stores

244

10.103

Bakeries

244

15-154-100 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

10.104

Book and stationery stores

244

10.105

Candy and ice cream stores

244

10.106

China and glassware stores

244

10.107

Clothing stores

244

10.108

Computer software store

244

10.109

Department stores

244

10.110

Drug stores

244

10.111

Dry goods

244

10.112

Florist shops

244

10.113

Gift shops

244

10.114

Grocery stores

244

10.115

Haberdasheries

244

10.116

Hardware stores

244

10.117

Hobby shops

244

10.118

Liquor stores, package goods only

244

10.119

Meat markets, retail sales only

244

10.120

Millinery shops

244

10.121

Music stores, record sales

244

10.122

Shoe stores

244

15-154-101 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

10.123

Sporting goods stores

244

10.124

Tobacco shops

244

10.125

Toy shops

244

10.200

Retail, Low-Volume Traffic

10.201

Art galleries

244

10.202

Bicycle stores

312

10.203

Camera and photographic supply

244

10.204

Carpet and rug stores

312

10.205

Coin and philatelic stores

244

10.206

Computer hardware store

244

10.207

Currency exchanges

244

10.208

Furniture stores

312

10.209

Furrier shops

312

10.210

Household appliance retail sales

312

10.211

Household sewing machines sales

312

10.212

Jewelry stores

244

10.213

Leather goods and luggage stores

244

10.214

Musical instrument sales

312

10.215

Office supply stores

244

15-154-102 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

10.216

Print and wallpaper stores

244

10.217

Travel bureaus and transportation

244

10.218

Typewriting and adding machines

244

10.400

Other Retail Uses

10.401

Business and office equipment

244

10.402

Clothing stores and costume rental

244

10.403

Domestic pet shops

244

10.404

Fuel and ice retail sales

244

10.405

Greenhouses, retail

244

10.406

Lighting and air conditioning

244

10.407

Open sales lots

244

10.408

Pawn shops

244

10.409

Plumbing and heating stores

244

10.410

Second-hand stores and rummage

244

10.411

Self-service stores; coin-operated

244

10.412

Ventilating or electrical equipment

244

11.000

Restaurants

11.100

No alcoholic beverages

11.110

Sit-down

97

15-154-103 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

11.120

Drive-in

64

11.200

Alcoholic beverages

11.210

Sit-down

97

11.220

Drive-in

64

11.300

Taverns

100

11.400

Delivery only

1.15

11.500

Delicatessens

200

11.600

Catering

1.15

12.000

Integrated shopping center

220

13.000

[Reserved]

14.000

Vehicle

14.100

Auto

14.110

Gas sales

1.00

2.00

Gas pump

14.120

Repair within enclosed structure

14.121

No painting or body repair

1.15

14.122

Painting, body repair

1.15

14.130

Car wash

3.00

Wash bay

14.140

Motor vehicle sales

3.60

14.200

Boat

15-154-104 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

14.210

Boat sales

2.40

14.220

Boat repair

1.15

14.230

Boat storage

1.15

14.300

Parking lots and garages

1.00

15.000

Wholesale sales

15.100


715

1.00

15.200


715

15.300

Specific types

15.310

Shipping

15.311

Cartage, express, parcel

715

15.312

Mail-order service stores

715

15.313

Packing and crating establishment

715

15.320

Agricultural

15.321

Garden supply and seed stores

266

15.322

Greenhouses, wholesale

715

15.323

Growing farm and garden nursery

715

15.324

Milk distribution stations

715

15.330

Building materials establishments

15.331

Not including milling, planing

715

15-154-105 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

15.332

Including milling, planing, joining

715

15.340

Other

15.341

Auction sales

715

15.342

Electrical and gas fixtures

715

15.343

Importers and distributors

715

15.344

Orthopedic and medical appliances

715

16.000

Storage

16.100


16.110

Nonhazardous

1,725

16.120

Hazardous

1,725

16.200


16.300

Specific uses

16.310

Petroleum greater than 100,000 gallons

1.15

16.320

Lumberyards

1.15

16.330

Frozen food shop, including lockers

715

17.000

Manufacturing

17.100

Specific uses

17.101

Abattoirs

0.92

17.102

Bottling works

0.92

15-154-106 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

17.103

Cement concrete or asphaltic

0.92

17.104

Creosote treatment

0.92

17.105

Fat rendering

0.92

17.106

Fertilizer manufacture

0.92

17.107

Laboratories, medical and dental

0.92

17.108

Natural or synthetic rubber

0.92

17.109

Ore reduction

0.92

17.110

Petroleum processing or refining

0.92

17.111

Pyroxylin manufacturing

0.92

17.112

Research laboratories

0.92

17.113

Sauerkraut manufacture

0.92

17.114

Smelters

0.92

17.115

Soap manufacture

0.92

17.116

Stock yard or slaughter of animal

0.92

17.117

Tallow, grease or lard manufacturing

0.92

17.118

Tanning, curing or storage

0.92

17.119

Tar distillation or manufacture

0.92

17.200

Other manufacturing

17.210

Light manufacturing

15-154-107 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

17.220

Meeting performance standards

0.92

17.230

Not meeting performance standards

0.92

18.000

Agricultural

18.100

Row crops

18.110

Without accessory retail

1.15

18.120

With accessory retail

1.15

18.200

Raising livestock for research

1.15

18.300

Livestock

1.15

18.400

Hatcheries

18.410

Chicken

1.15

18.420

Fish

1.15

18.500

Equipment

18.510

Farm equipment sales

1.15

18.520

Farm equipment repair

1.15

18.600

Auction

200

19.000

[Reserved]

20.000

Utilities

20.100

Radio, television, microwave towers

20.110

Under 50 feet

15-154-108 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

20.120

50 feet and higher

20.200

Major public utility uses

20.210

Electric substation

1.15

20.220

Gas regulator stations

1.15

20.230

Telephone exchanges

1.15

20.240

Water treatment

1.15

20.250

Wastewater treatment

1.15

20.260

Electric generating

1.15

20.270

Gas manufacture and storage

1.15

20.280

Other major public utility uses

1.15

21.000

Transportation

21.100

Airports

200

1.15

21.200

Bus shelters

200

1.15

21.300

Bus stations, bus garages, bus lots

200

1.15

21.400

Heliports

200

1.15

21.500

Passenger railroad stations

200

1.15

21.600

Taxi stands

1.15

22.000

Funeral-related uses

22.100

Cemeteries

15-154-109 Title XV

(04/20)

Number

Use

DU

GFA

Employee

Unit

Type Unit

22.200

Crematoriums

22.300

Funeral homes

35.0

Chapel

22.400

Monument establishments

715

23.000

Regional uses

23.100

Extractive uses

1.15

23.200

Dumping

23.210

Sanitary landfills

1.15

23.220

Junkyards

1.15

23.230

Auto wrecking yards

1.15

24.000

Signs

24.100

Off-premises

24.200

On-premises (accessory use)

25.000

Accessory and temporary uses

25.100

Accessory uses

25.110

Cocktail lounges (to restaurant)

25.120

Home occupations (to residential)

25.200

Temporary uses

25.210

For construction

25.220

Model homes

15-154-110 Title XV

(04/20)

25.221

With sales office

4.00

25.222

Without sales office

26.000

Planned unit developments

(Ord. 9-1-A, passed 3/21/1996)

15-154-111 Title XV

(04/20)

APPENDIX E: OFFICIAL ZONING MAP

The Village Official Zoning Map is hereby adopted by reference and incorporated herein as if set forth in

full. The Village Clerk is hereby authorized to cause the publication of the Village Official Zoning Map, in

accordance with the terms and provisions of ILCS Ch. 65, Act 5, ' 11-13-19.

(Ord. 9-2-B, passed 1/16/2002)

chapter 154: zoning code section general provisions

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